Dear customers, We remind you that an employer with 50 and more employees is obliged to determine a quota for the employment of people with permanent disabilities, in accordance with the provisions of the Law on People with Disabilities (LPD) and the Regulations for the Implementation of the Law on People with Disabilities) (RILPD). Starting from 01 January 2021, are some new regulations to keep in mind, namely:
1.For the purposes of the LPD: “People with permanent disabilities” are persons with permanent physical, mental, intellectual and sensory disabilities who, when interacting with their environment, could impede their complete and effective participation in public life, and to whom medical expertise has established the type and degree of disability or degree of permanently reduced working capacity of 50 and over 50 percent.
2.The term for fulfillment of the obligation is until March 31, annually.
According to Art. 38, para. 1 of the LPD, the employers who have the obligation to employ persons with permanent disabilities are:
– employers with 50 to 99 workers and employees – one person with permanent disabilities;
– employers with 100 and over 100 workers and employees – two percent of their average list.
In Art. 38, para. 2 the LPD, it is stated that the jobs determined by the order of art. 315 of the Labor Code shall not be taken into account when rendering the implementation of the quota.
3. In Art. 38, para 3 of the LPD, the employers shall be released from the obligation under para. 1 until the end of the respective calendar year in case of:
1. presence of specific factors in the working environment, preventing employment of people with permanent disabilities;
2. lack of people with permanent disabilities, directed by "Labor Bureau” directorates, or by labor intermediaries with issued certificate for registration for carrying out intermediary activity for employment.
4) The Executive Agency "General Labor Inspectorate" shall certify the circumstances under para. 3.
(5) The employers, other than those under par. 3, who apply alternative measures for employment of people with permanent disabilities, determined by the regulations for the application of the law, shall be released from the obligation under para. 1.
((7) (New - State newspaper, issue 105 of 2020, in force starting from 01 January 2021) For newly established enterprises the obligation under para. 1 arises during the year, the following year of their entry.
(8) (New - State newspaper, issue 105 of 2020, in force starting from 01 January 2021) The specific factors in the working environment under para. 3, point 1 shall be established according to the number of the workers and employees, who:
1. work under the conditions of the first or second category labor;
2. work under the conditions of established reduced working hours, or have the right to additional paid annual leave according to art. 156, para. 1, item 1 of the Labor Code..
There is no change in the sanctions. In case of non-fulfillment of the obligation to employ people with permanent disabilities, the employer owes a monthly compensation installment in the amount of 30 per cent of the minimum wage for the country for each vacant occupation for a person with permanent disability. If the employer fails to fulfill this obligation, he/she will be fined the amount of BGN 1,000 to BGN 2,000, or will undergo a property sanction from BGN 2,000 to BGN 5,000. In case of repeated violation, the fine, respectively the property sanction, will be in the amount of BGN 4,000 to BGN 10,000.
If you have any questions, do not hesitate to contact us!
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