Employment Law

The employer-employee relationships may be divided into 3 main stages:

1. The beginning of the employment including the application process, the job interview, tests, negotiation of terms and conditions, trial period, conclusion of employment agreement, etc.
2. During the employment in which includes the performance of the employment relation.
3. The end of the employment by terminating the employment agreement with notice of termination, summary dismissal, suspension, release from the duty to work, etc.

We advice our Clients in every step of the employment relation including by preparing the legal documentation for the hiring of an employee, leading disciplinary proceedings in the phase of active employment and advising on the lay-off procedures. 

Correct handling of termination or summary dismissal of one or more employees requires care, skill and experience. We aim at minimizing the emotional and financial costs in connection with termination of employment, and we draft strategies ensuring a satisfactory solution to all parties. If this is not possible, we may conduct litigation before the courts or arbitration tribunals.

We experience that an increasing number of our clients need to bring foreign workers to Bulgaria. If such employees come from a country outside the EU, the general rule is that, if actual work is to be performed, an application for a work and residence permit must be submitted to the Bulgarian immigration authorities and the Employment agency.

The procedure is rather simplified when it comes to high experienced workforce. We have vast experience in advising and assisting our clients with respect to the various grounds for residency, completion of application form concerning work and residence permit to the Bulgarian Employment agency and immigration authorities as well as ensuring the drafting of the relevant addenda to the employment agreement and/or the agreement concerning the posting of foreign workers.

We have advanced many clients when it comes to the protection of business secrets including the Business Secret Protection Act by way of:

1. Non-disclosure agreements
2. Non-competition and non-solicitation clauses 
3. Intellectual property rights and Employee inventions.

Our practice also includes the litigation against employees or executives violate the competitive duty of loyalty, e.g. by attempting to copy the company’s products and/or steal the company’s business secrets. 

We participate in the negotiation and interpretation procedures of executive service agreements. On the other hand, in case of a dispute arising in relation to the content of an executive service agreement or termination or violation of such agreement, we have wide experience conducting litigation and arbitration. 

Along with drafting standard agreements, we can also ensure that the executive service agreements and the contracts of key employees are adapted to the company’s business, industry and market terms. 

We assist companies, organisations and authorities as to how processing of HR data may be arranged in accordance with the GPDR. We have wide experience in relation to companies’ compliance with the rules on the duty to inform employees for the processing of personal data, and assessment of which data may be stored and transferred, including in connection with exchange of HR data between different affiliates of multi-national groups:

1. advising on data protection issues arising for employers, including video surveillance, monitoring and recording of communications to, from and within their business and processing of sensitive personal data;
2. advising on data protection issues associated with corporate transactions and transfer of personal data in connection with business transfers;
3. Employees rights in the data processing and what are the special regulations when it comes to seeking consent;
4. Transferring data to processors such as labour medicine, accounting and other. 

We represent clients in the case of employee complaints and disciplinary procedures and in litigation arising from the employment relationships, dismissals, accidents at work and professional liability.

We are experienced in the strategic and practical handling of disputes, including negotiations and settlement discussions. Our wide business experience contributes to creating permanent and custom-made solutions.

We advice our clients in business transactions such as share transfers, business transfers, mergers, etc. which also includes general changes of terms and conditions for the employees, notification to employees, review of existing employment agreements etc. and the drafting of new employment agreements, negotiations with employees, etc.