Selection order for dismissals and layoffs in detail
The procedure and grounds for termination under Bulgarian law are not freely negotiable between the parties. The employer may terminate (with or without notice) only on the grounds listed in the Labour Code and it must follow a specific procedure.
Where terminations occur as a result of the partial closure of the organisation, proposed workforce reductions, or a reduction in the volume of work (i.e. economic reasons), the employer is entitled, for production or business reasons, to dismiss employees whose positions have not been discontinued in order to retain employees who have higher qualifications and performed better.
The selection must be performed by a selection committee appointed by the employer, which must hold at least one meeting in order to assess the qualifications and performance of the employees to be dismissed and record any findings in signed minutes. Any proposal made by the selection committee for the termination of employees must be in writing and must be well-founded.
Author: Boyanov & Co
Date: July 2019