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September 2013

30 September 2013

Ruling of the Council of Ministers № 211 from September 19, 2013 for Amendment and Supplement to the Ordinance on the Conditions and Procedures for Conducting Intermediation in Employment (RCMASOCPCIE)

The RCMASOCPCIE was promulgated in State Gazette, issue 83 of September 24, 2013.

The main amendments, introduced in the Ordinance on the Conditions and Procedures for Conducting Intermediation in Employment (OCPCIE), concern the conducting of intermediation in the employment of sailors.

Amendments are also made in the part that regulates the documents required in the registration procedure for conducting intermediation in employment. Art. 8, Para. 1, Item 2 introduces a requirement to present certificates from the respective territorial directorate of the National Revenue Agency and from the municipality of registration of the applicant for the presence or absence of liabilities as of the date of application for registration.

In Art. 8 a new Para. 4 is created. According to this provision when the applicant is a Bulgarian trade union of sailors or a company in which the trade union has majority control, a certified copy of a valid, registered under Art. 53, Para. 3 of the Labour Code, collective labour agreement between the trade union and an established in the Republic of Bulgaria ship owner shall be attached to the application for registration. This contract shall contain clauses concerning the right of the organization to conduct, independently or via a company, intermediation in the employment of Bulgarian sailors on a ship sailing under the Bulgarian flag.

In the matter of intermediation in the employment of sailors in Art. 35 a new Para. 4 is created. It introduces a requirement according to which the mediator shall submit in the Employment Agency, along with the intermediation contract, a declaration by the ship owner that he/she has a system for protection of the sailors from abandonment in foreign ports. The declaration shall be submitted in certified copy, and if it is written in a foreign language, it shall be translated into Bulgarian.

Art. 36 is amended as follows: the intermediary directs the job candidates in accordance with the terms of the registered intermediation contract. The intermediary is prohibited from preventing sailors from being employed, including by making, using or disseminating lists of unreliable sailors. While performing intermediation services the intermediary verifies the qualifications of the sailors, the possession of the necessary documents for the job and advises and directs the parties under the individual employment contract, so as to align its contents with the applicable legislation and the provisions of the collective labour agreement. Art. 36, Para. 4 prohibits the intermediary from demanding that the sailors, to whom he/she provides jobs, pay fees or other charges directly or indirectly, in whole or in part. This prohibition does not include costs for certain categories of personal documents (medical certificate, national sailor's book, etc.). Visa costs, however, shall be reimbursed by the ship owner.

Art. 37 is amended as follows: the intermediary provides the job candidates with the opportunity to be informed of their rights and obligations under the individual employment contract before or in the process of its conclusion, including by providing the draft contract and providing time for familiarizing with its contents. According to Para. 2 the intermediary provides the job candidate before his/her departure from the Republic of Bulgaria a signed individual employment contract by the ship owner or by a person authorized to sign individual employment contracts, as well as a translation of the contract in Bulgarian. Art. 37, Para. 4 introduces the minimum necessary contents of the individual employment contract, including: the names of the sailor, date of birth or age, place of birth, name and address of the ship owner, place and date of the conclusion of the individual employment contract, the position on which the sailor is emplyed, the salary of the sailor or the formula for its calculation, the amount of paid annual leave or the formula for its calculation, terms and conditions for termination of the contract, including means to the benefit of the sailor provided by the ship owner with regard to health protection and social security of the sailor, the right to repatriation of the sailor, references to a collective labour agreement, if applicable, and all other data provided as required by the law of the state of the flag.

Art. 38, Para. 1 provides that for the execution of each registered contract the intermediary submits a list of the sailors employed in the Employment Agency.

The additional provisions provide legal definitions of “sailor”, “ship” and “state of flag”.

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