Nina Boteva Law Office

Changes related to the regime for secondment of workers and employees in the country

On 22.03.2023, the Council of Ministers of the Republic of Bulgaria adopted changes related to the regime for secondment of workers and employees in the country and abroad. Legislative changes affecting business trips in the country are discussed below.

With the proposed changes in the Ordinance on business trips in the country (OBTC), an increase in the minimum amount of the daily allowance is foreseen - from BGN 20 to BGN 40. In this way, an adequate amount of per diem is guaranteed to the seconded person to cover the costs of food during secondment within the country. It is also possible to pay daily allowances up to 200 percent of the statutory minimum at the discretion of the seconding officer or when this is stipulated in a collective labor agreement or in an agreement with a trade union organization of civil servants. The changes lead to other improvements, with which the regulation of public relations during secondment in the country is in accordance with the different socio-economic conditions.

Some of the other legislative changes, for example, concern the exclusion of certain categories of persons from the scope of seconded persons. The persons who perform positions such as suppliers, couriers, distributors and others, where the nature of work is related to travel between different settlements, are not considered posted.

Further to the changes it is possible to create the secondment order as an electronic document. In this case, it is mandatory to comply with the requirements of Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and authentication services for electronic transactions in the internal market and repealing Directive 1999/93/ EC, and the Law on electronic document and electronic authentication services. This possibility will reduce the administrative burden on businesses that can benefit from digital technologies, while guaranteeing the rights of the parties to the employment relationship.

The changes provide that those posted for more than 1 month will be allowed to return upon their request to their permanent place of work no less than once a month during one of the days off and holidays, with their travel expenses being paid. No per diem is paid for these days.

The OBTC provides also that when using a personal motor vehicle, business travelers are paid travel money equal to the cost of the fuel consumed according to the norms determined by the manufacturer of the motor vehicle, for a combined mode of movement (urban and extra-urban). Prior to this legislative change, the OBTC stipulated that the travel money was based on the consumption of the motor vehicle for the most economical driving mode, i.e. only for extra-urban traffic, which makes it impossible to cover real fuel costs.

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