Opinion on the Draft Act on Remote Work

To:
Ministry of Labour and Social Policy

Attention:

Dr. Ivanka Shalapatova
Minister of Labour and Social Policy

Kalina Petkova
Director, Labour Law, Social Insurance and Working Conditions Directorate

Dear Madam Minister,

Dear Madam Director,

We hereby submit the opinion of  .......  regarding the proposed amendments to the Labour Code contained in the draft legislation on remote work, currently published for public consultation.

......... represents more than 500 technology companies and employers that are directly affected by the regulation of remote work.

We believe that updating the legal framework governing remote work is an essential and timely initiative. It has become an increasingly important factor in attracting and retaining talent in Bulgaria's labour market. We welcome the Ministry of Labour and Social Policy's decision, under your leadership, to undertake the challenging task of improving and modernizing the current legal framework so that it better reflects contemporary working practices and the needs of businesses.

In this regard, we would like to share several proposals for improving the draft legislation, taking into account the interests of both employers and employees, as well as the realities of today's business environment.

Choice of Workplace

First, we believe that the provisions regulating the choice of workplace in the context of remote work should be reconsidered and refined.

Restricting remote work to a single fixed location and requiring that location to be explicitly specified in the employment contract or an annex thereto undermines the very purpose of remote work. The essence of working from home—or, more broadly, remote work—is to allow employees to work from virtually any location.

As currently drafted, the proposed amendments unnecessarily limit flexibility, mobility, and the significant benefits associated with remote work. This, in turn, is likely to contribute to employee turnover. Given the severe shortage of qualified professionals, imposing such restrictions may encourage employees to seek alternative forms of work, including transitioning to freelance arrangements under civil contracts.

We therefore propose that the legislation allow employers and employees to agree on different remote work locations quickly, easily, and without unnecessary administrative formalities.

In our view, it should be permissible for an individual employment contract to provide that work will be performed remotely without specifying a particular geographical address from which the employee works.

Consistent with this approach, the statutory definition of "workplace" should also be revised to avoid creating unnecessary limitations through restrictive interpretation.

Right to Disconnect

Secondly, the Draft Act introduces the concept of the "right to disconnect."

Under its current wording, the provision could be interpreted as preventing employers from contacting employees during their rest periods, including by email or through messaging applications and social media.

In our opinion, this provision should be refined so that employers remain free to communicate with employees while expressly providing that employees are under no obligation to respond, unless the parties have agreed otherwise.

Occupational Health and Safety

Finally, we believe that the provisions governing occupational health and safety in the context of remote work should also be reconsidered.

As currently drafted, the proposed rules would effectively require each employee to carry out the measurements and assessments necessary to ensure compliance with occupational health and safety requirements.

This would impose an unnecessary administrative and practical burden on both employers and employees.

We therefore believe that the broader legal framework governing occupational health and safety should be modernized so that it reflects the realities and needs of today's working environment.

Further Consultation

We would also like to point out that several of the other proposed amendments could likewise be refined to better support businesses.

Accordingly, we recommend holding a series of consultations with representatives of employers' organizations in order to gain a better understanding of current business practices and to discuss practical solutions that would ensure that the regulation of remote work provides genuinely modern, flexible, and effective solutions to this increasingly important issue.

We are confident that continued dialogue will help resolve the concerns outlined above. In their current form, the proposed additional regulations and restrictions on workplace flexibility appear likely to be counterproductive and harmful to the labour market.

Conclusion

In light of the proposed amendments, we believe that further improving the Draft Act would represent an important measure for attracting talent to Bulgaria while enhancing the overall work environment so that it meets the demands of the twenty-first century.

2023
Sofia

Respectfully,

.......................