Bulgaria amends Labour Code with new remote work, right to disconnect, and algorithmic management requirements effective 2024

Bulgaria amended its Labour Code in 2024 to introduce comprehensive regulations for remote work and digital work environments. The changes took effect on January 1, 2024, and apply to all employers and employees in Bulgaria. The amendments establish mandatory written workplace specifications for remote workers, a statutory right to disconnect outside working hours, human oversight requirements for algorithmic management systems, and joint liability provisions for main contractors regarding subcontractor employee remuneration.

Who is affected

All employers and employees in Bulgaria are subject to these amendments. Specific provisions apply to:

• Employers with remote workers who must now specify workplace addresses in writing
• Companies using automated time tracking or algorithmic management systems
• Main contractors using subcontractors under service agreements
• All employees working remotely or subject to algorithmic management

What's changing

Remote workplace specification

Employers and employees must now define the exact address of the remote workplace in writing. Parties may agree on multiple remote workplaces. Employees can temporarily change their remote workplace for up to 30 working days per year without requiring a formal amendment to their employment agreement.

Workplace safety for remote workers

Remote employees must provide written information about their remote workplace characteristics in response to minimum health and safety requirements shared by the employer. Employees must report work-related accidents promptly. Employers may limit liability for work-related accidents where remote employees acted with gross negligence or failed to adhere to prescribed health and safety requirements.

Algorithmic management and time tracking

Employers using automated systems for working time reporting must provide employees with access to their own time and attendance data upon request. When employers use algorithmic management systems for remote work, they must provide additional information to employees and ensure that algorithmic decisions are checked and confirmed by humans where applicable.

Right to disconnect

Employees now have a statutory right to not respond to messages and calls from employers outside working hours. Exceptions may be agreed in the employment agreement or collective bargaining agreement.

Subcontractor liability

Main contractors are jointly liable with employer-subcontractors for payment of employee remuneration when the employer is a direct subcontractor under a service agreement. Liability is limited to employee rights related to the service agreement. Main contractors are not liable when they have performed their obligations in good faith.

What NEO partners and clients should do

• By Q1 2024: Update all employment agreements for remote workers to specify exact remote workplace addresses in writing
• By Q1 2024: Implement written health and safety reporting procedures for remote workers, including accident reporting protocols
• By Q1 2024: Ensure algorithmic management systems include human oversight and confirmation mechanisms; provide employees with access to automated time tracking data upon request
• By Q1 2024: Establish and communicate right-to-disconnect policies, including any agreed exceptions in employment or collective bargaining agreements
• Ongoing: Review subcontracting arrangements to ensure compliance with joint liability provisions for employee remuneration

Sources

• Kinstellar: Amendments to the Bulgarian Labour Code