Remote work in the Bulgarian labour code
Following the 2010 National Social Partners’ Agreement on teleworking, remote work was regulated in 2011 by the Bulgarian Labour Code. The Labour Code provides a definition of remote work and sets conditions for applying it. Remote work is considered as work performed through the use of information technology outside the employers’ premises, and there are specific provisions regulating it. The equipment needed shоuld be provided by the employer if not otherwise stipulated in the labour contract. Workers are also supposed to receive technical support and information on operating equipment. A number of other requirements are applied for remote workers concerning health and safety, working time, and labour remuneration. There are even clauses guaranteeing that workers will not be isolated from those working on the employers’ premises by, for example, creating conditions for periodic working or social meetings on the employer’s premises.
Over the years no significant amendments were introduced to the regulation of remote work. However, the Covid-19 pandemic hit the Bulgarian labour market hard and one of the existing rules on remote work was changed to allow businesses sustain their activities. With the 2020 amendment of the Labour Code, it is said that during a state of emergency or an epidemic situation, the employer is allowed to temporarily introduce remote work without the consent of the workers (Article 120b).
Remote work impact assessment
Official European statistics show that remote work sustained a level of about 5% up to 2019. When the Covid-19 pandemic spread over the European labour market, remote work doubled in 2020 and 12% of the employed persons in EU27 were working from home (Eurostat, 2021). The percentage of remote workers in Bulgaria doubled as well. Nevertheless it is still far below the European average. In 2020, only 1.2% of employed Bulgarians are reported as usually working from home. Data reveals that the percent of women who work remotely is higher than of men. Both employers and unions believe that remote work is about to cover more workers in Bulgaria (CITUB, 2021; Мениджър, 2020). Currently the ICT sector and the education sector are characterized by a high share of remote workers (Economic and Social Council, 2021).
Employers have not yet been able to say whether productivity levels are rising in general. Workers certainly can benefit from not being fixed to a strict time schedule and thus working hours can be distributed across the day. Being flexible and able to conciliate work and family life, however, transforms the daily routine of the workers. Employers notice that work day can be possibly prolonged till late in the night. Thus it can be questionable whether workers actually benefit when staying at home (Мениджър.News, 2020).
Employers now believe that remote work allows better feedback on work performance along with greater monitoring of workers through information technologies. Workers are given much more autonomy and control activities move towards measuring the result rather than the process of accomplishing the tasks (Мениджър.News, 2020). Despite becoming more independent workers might face psychological constraints in the absence of social interactions with co-workers in the company (Economic and Social Council, 2021).
Remote work is considered to have a positive impact on the economy as a whole. It supports key economic initiatives such as decarbonisation, better urban mobility and maintaining employment during the COVID-19 pandemic. According to the Economic and Social Council, it also facilitates inclusion of vulnerable groups (people with disabilities, pregnant women, single parents) in the labor market (Economic and Social Council, 2021). These groups still have difficulties finding and sustaining employment due to lack of a comprehensive integration policy approach and prejudices among employers.
Social partners’ views on remote work
The existing regulations on remote work have been discussed both by employers and unions. Employers identify a certain legislative aspect of remote work as hard to be followed: control over safe and healthy conditions at home (Mitrova, 2021). Control activities require employers to have an access to the employees’ home (which can be sometimes difficult) and to perform a risk assessment of the home office with regard to the applicable occupational and health standards. Both requirements may not be followed (Mitrova, 2021). Thus employers are open to debate the health and safety requirements imposed by the general legislation (that is, risk assessment of working conditions, measuring work environment parameters, and prevention of work accidents) (Mitrova, 2021 and Мениджър.News, 2020).
Trade unions are also interested in possible legislative changes to improve remote work arrangements. The Confederation of Independent Trade Unions (CITUB) insists on the introduction of a monthly allowance covering workers’ additional spending on electricity, heating and maintenance of the home office. Unions also propose annual leave for digital skills training to be legally introduced so that remote workers will be able to perform their tasks through the use of information technology. Another union demand concerns the introduction of the right to disconnect. Workers should be able to disengage from work and thus not be available to answer phone calls or e-mails. CITUB also believes that working time and health and safety arrangements could be further enhanced. More precisely, unions demand adoption of legal texts distinguishing occupational accidents from household incidents. Legislation should also be updated in line with the on-going European initiative on the right to disconnect from work (not being available to work-related electronic communications such as e-mails or messages during non-work hours) (CITUB, 2021).
Further actions to be considered
In its 2021 Opinion on remote work, the Economic and Social Council accepts the need for legislative changes concerning this form of work organization. It analyzes which aspects of the home office can be reviewed in order to achieve a better working environment. In terms of health and safety, it recommends a more precise definition of ‘workplace accident’ to be developed. Further proposals are introduced with a view to safeguard confidential company information and to enhance electronic communication in terms of recognition of electronically submitted documents regulating the work process.
The Economic and Social Council supports the CITUB demand of introducing the right to disconnect when working from home and once again highlights the need for digital skills training for home office workers. Interestingly, the Opinion on remote work does not pay any specific attention to health and safety control at the worker’s home. Thus it can be concluded that the debates on remote work will continue in Bulgaria and employers and unions will be pushing for further legislative amendments. Proposals will certainly differ as they reflect opposing opinions. The Bulgarian labour market is changing. On one side, the demographic situation is worsening and fewer people are available. On the other side, new forms of work are emerging. Both employers and workers have to adapt. While business representatives are pushing towards liberalization of existing labour rules, unions are trying to safeguard working people’s rights and hold employers responsible.