Termination of the employment contract by the employee in Bulgaria

I. Ordinary termination of the employment contract by the employee (Article 326 of the Labour Code)

In Bulgaria, the employee may terminate the employment contract by a giving the employer notice in writing.

According to Article 326 (2) of the Labour Code the notice period is different for a fixed term employment contract and for an indefinite period employment contract. Regarding indefinite period employment contracts, the law provides a notice period of 30 days; a longer period (up to a maximum of 3 months) may be contractually agreed. The notice period for the termination of fixed term contracts is three months, but no longer that the remaining period of the contract.

The notice period in Bulgaria regarding employees that are accountable for assets is set by Article 326 (3) of the Labour Code to one month and primarily serves the surrender of the assets. The time period may be extended by one more month if it is required with regard to the considerable amount of assets and the therefore complicated surrender.

The notice period shall begin on the day following receipt of the notice and is not interrupted by the vacation of the employee.

According to Article 326 (4) sentence 2 of the Labour Code the termination of the contract may be revoked before or at the time of the receipt of the notice by employer. After its receipt, the termination may be revoked with the employer’s consent until the expiry of the notice period (Article 326 (4) sentence 4 of the Labour Code).

II. Extraordinary termination without notice (Article 327 of the Labour Code)

The employee may also terminate the employment contract without notice. The termination must be in writing and to contain the reason for the termination. The following reasons for termination are enlisted in the Art. 327 of the Labour Code:

1. The employee is unable to perform his work due to a disease and the employer fails to provide a job that suits the instructions of the medical authorities;
2. The employer delays the payment of the labour remuneration/compensation according to the Labour Code or the Social security code; partial payment is no reason for termination;
3. Should the employer change the place or character of work or the agreed remuneration, except in cases where entitled to make such changes, and also should he fail to meet other obligations, stipulated in the employment contract or the collective contract, or established by a normative act;
4. If the working conditions downgrade significantly related to a conversion (Article 123 (1) of the Labour Code), a rental, a lease or concession of the company (transfer of undertakings) under the new employer (Article 123a (1));
5. If the employee should continue his education as a regular student at an educational establishment or as a postgrad student;
6. If the employee is employed under a fixed-term employment contract according to 68 (1) p. 1 or 3 of the Labour Code and is willing to enter into an indefinite term employment relationship elsewhere;
7. If the employee is employed by a temporary employment agency and concludes an employment contract with a company that is no temporary employment agency;
8. If the dismissal of another employee is declared void and he must be reinstated to the same position;
9. If the employee starts civil service;
10. If the employer discontinues business activity;
11. If the employer has ordered non-paid leave to an employee without the employee’s consent.