Termination of the employment relationship by mutual consent/termination agreement
In Bulgaria each party has the option to terminate the employment contract without a notice of termination. This option is provided in the cases of the Articles 325 (1), p. 1 to 12 of the Labour Code:
- By mutual consent = by a termination agreement – the termination requires written form. The party that received the offer to terminate the contract may agree to it within 7 days. If the other party does not react within this time limit, the offer is considered as rejected.
- If the dismissal of the employee has been declared void by court or if the employee is reinstated to his previous job but does not take up the employment within the following 2 weeks;
- Upon the expiration of the contractual term;
- With the completion of a specific task;
- Upon the return of the substituted employee to work;
- If the position is provided for a pregnant woman or for a person with reduced capacity to work and a suitable applicant is present;
- If it is impossible for the employee to perform his work, namely in the following cases:
- Because of an illness resulting in permanently reduced working capacity;
- Because of health contraindications established by an expert medical commission.
In these two cases, the termination of the employment is not permitted in Bulgaria if an employment suitable to the employee’s medical condition is possible under the same employer and if the employee is willing to accept this employment.
- With the decease of the employee’s contractual partner if personnel reasons were significant for the conclusion of the contract;
- With the employee’s decease.
The termination agreement must be issued in written form.