Labour & Social Security Legislation of Bulgaria
IČ. Bulgarian
Social Security Legislation
Normative provision
The right to
social security and social relief is determined in the Constitution of the
Republic of Bulgaria. Similarly to the labor legislation, the provision of
social security is characterized by codification: its basic provision is
grounded in the Social Security Code. The procedure provisions are newly
settled in the Bulgarian Tax and Social Security Procedure Code.
The legal acts
representing part of the normative provision on social security are The
Budget of the State Social Security Acts, which are adopted
annually.
Issues of
general importance from the sub-legislative acts in the sphere of social
security are: the Regulation on elements of remuneration and income
over which are deposited social security installments and for calculation
of pecuniary compensations for temporary disability or pregnancy and
child-birth; Regulation on granting and payment of financial
compensations for unemployment; Regulation on pensions and security length
of service; Regulation on social security funds and the Regulation
on social security of self-secured persons and Bulgarian citizens working
abroad.
The Republic of
Bulgaria is a party to a number of international deeds in the sphere of
social security such as: Contracts for social security between the
Republic of Bulgaria and Spain, Republic of Macedonia and the Ukraine;
Agreements with the Slovak Republic, Czech Republic, Federal Republic of
Germany, Hungary and Libya, etc.
Legal
definitions:
Of all legal
definitions specified in the provisions of the social security, we shall
review just the three basic terms:
Secured persons
pursuant to article 4 of the Social Security Code such persons are:
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Employees hired for more than five days or 40 hours within one calendar month are obligatory secured for all secured risks, regardless of the nature of work or mode of payment and source of funding; state officials; judges, prosecutors, investigators, executory officers, registrars and court officers; regular militants pursuant to the Defense and Armed Forces of the Republic of Bulgaria Act, state officials officers, sergeants and civil persons pursuant to the Ministry of Interior Affairs Act and state employees - officers, sergeants and civil persons pursuant to the Execution of Penalties Act; members of cooperatives exercising labor activity and receiving remuneration from the cooperative; members of cooperatives of no labor relations with the cooperative are not socially secured for unemployment; persons working under a second or additional labor contract; contractors under agreements for management and control of commercial companies; persons exercising labor activity and receiving income from selectable positions as well as officers of clerical positions at the Bulgarian Orthodox Church and other registered religions pursuant to the Religions Act.
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Obligatory secured persons for disability because of a general disease, for old age and death are persons registered as freelancers and/or craftsmen activity; persons exercising activity as sole merchants, owners or partners in commercial companies; PH.D students if not socially secured for pension on different grounds; registered agricultural producers and tobacco producers; persons employed under no labor relations and receiving monthly remuneration equal or exceeding one minimum working salary after deduction with the normatively acknowledged costs, provided they are not socially secured on other grounds during the respective month; persons employed under no labor relations and socially secured on other grounds during the respective month regardless of the amount of the received remuneration.
Social Insurer
according to article 5 of the Social Security Code it is any natural
person, legal entity non-personified entity as well any other
organizations obligated by the law to deposit social security installments
for other natural persons.
Self-secured person a natural person obligated to deposit his social installments fully at its account.