Hiring workers from third countries and posting to the EU

Hiring workers from third countries and posting to the EU

 

Question:
Hello!

I have a question about hiring workers from third countries. Is it possible to hire such in a Bulgarian company and posted for a certain period of work in a European country?

Thanks in advance!

 

Answer:

Hello,

In principle it can, but there are a lot of requirements and conditions.

First of all, a permit must be obtained from the Employment Agency for each person individually for access to the Bulgarian labor market. Once this permission is obtained, the person in question can be employed on a labor contract in a Bulgarian company.

Details on the types of permits issued by the Employment Agency can be found on the website of the Employment Agency - https://www.az.government.bg/pages/zaetost-na-chuzhdenci-normativna-uredba/

The second step is to commemorate the face, with two options:

- business trip with A1 certificate - this certificate certifies that for the person who is seconded to another EU country, the insurance legislation of Bulgaria is valid. This means that the due insurances are paid to Bulgaria on the basis of the Bulgarian legislation

- business trip without A1 certificate - without the presence of this certificate, the seconded person will have to be insured according to the rules of the respective country in which he is on command.

Please note that regardless of whether the person is seconded with or without A1, the remuneration he / she must receive and on which the social security contributions will be calculated cannot be less than the minimum remuneration for the respective profession in the respective country where the person is seconded. .

The conditions for issuing A1 are many, but the most important are:

• Prior to the secondment, the person must be subject to the law of the sending Member State.

• The posting employer must operate in the territory of the sending Member State - this means that at least 25% of the turnover and 25% of the staff (excluding administrative staff) are in Bulgaria

• Maintaining a direct link between the employer and the seconded person.

• The estimated duration of the business trip should not exceed 24 months.

• The last important condition according to the regulation is that the person is not sent to replace another person.

We hope we have been helpful to you.

Greetings!