Bulgaria Introduces Mandatory Quotas For Hiring Permanently Disabled Persons

April 2019 - On 2 April 2019, the rules for the implementation of Bulgaria's new Persons with Disabilities Act (the “Act”) entered into force. The rules detail the obligation of employers in Bulgaria with more than 50 employees to hire a minimum number of disabled persons1—an obligation introduced by the Act at the beginning of 2019.

What are the new requirements?

The law aims to improve access to employment for disabled persons. The new rules state that companies with more than 50 but less than 99 employees must hire at least one permanently disabled person. For companies with 100 or more employees, the quota is set at 2 per cent of the number of employees in the company.

In addition, employers must now report the number of unoccupied positions designated for disabled persons and the qualification and work experience required for each position to the respective local department of the Bulgarian Employment Agency. Employers should also notify the Employment Agency if they plan to use recruitment services to hire disabled persons to fulfil their quota obligations.

Time-frame for compliance

Employers in Bulgaria that are required to maintain the mandatory quotas now have three months, i.e., until 2 July 2019, to comply with the new legislation. Going forward, companies in Bulgaria are required to evaluate the quota applicable to them and undertake the appropriate measures to comply with the legislation by 31 March each year.

What are the sanctions?

Failure of an employer to maintain the minimum quota of permanently disabled employees can result in payment of a monthly compensatory fee, which is set at 30 per cent of the minimum national salary per each unoccupied position designated for disabled persons. Payment of this compensatory fee does not relieve the company from the obligation to hire permanently disabled persons. Failure to pay the monthly compensatory fee...