Specifics of the employment contract with a condition of education

Specifics of the employment contract with a condition of education There are some omissions in the legal framework of this contract

 

During the training, the employee is entitled to a wage that can not be less than 90% of the country's minimum wage

During the training, the employee is entitled to a wage that can not be less than 90% of the country's minimum wage

 

 

The leave schedules have been dropped, their statute of limitation remains

 

Flexible working hours and one-day employment contracts are part of the changes to the Labor Code

 

July 19, 2015

What should foreign employers know when hiring employees in Bulgaria

 

Specifics of employment relationships with an international element

 

June 21, 2015

Taxation of monetary and subject awards

 

Gambling games are only conducted with the permission of the state commission

 

June 1, 2015

Consultant: Declaration of related party relationships

 

The new template replaced Annex 4 to the annual declaration

 

9 Mar 2015

Dismissal due to lack of qualities

 

The assessment of employee performance is entirely in the hands of the employer

 

16 Feb 2015

Upon completion of the training, the employee shall take an examination under conditions and in an order determined by the employer. In 2014 the content of Art. 230 of the Labor Code, with which the apprenticeship contract is renamed "Employment contract with condition for training at work". This is a special type of labor contract in which the parties have arranged training in a particular profession or specialty in the course of their work. Since this is a type of labor relationship, it should contain all the requisites of the employment contract, namely: start of performance, place of work, position, working time, breaks, paid annual leave, etc.

 

Besides the mandatory content of the employment contract, the training contract also contains: the specialty or the profession on which the training will take place; the form, location and duration of the training; the compensation that the parties owe for non-performance, as well as other matters that concern training at work. Due to the classification of the employment relationship as a labor contract, all provisions of the Labor Code should apply to this type of contract.

 

The relevance of this is another issue, since the direct application of certain provisions would be incompatible with the main purpose of this type of contract, namely training. For example, changing the job post or character of the Labor Code would be inconsistent with the agreed training in a particular specialty or profession. The test-term clause would also be inapplicable as, after completing the training, the student has passed an examination on the basis of which he is judged to have learned the knowledge and experience of the subject he was trained for. Unfortunately, these are not the only gaps in the legal framework concerning this specific employment contract.

 

Training can not last longer than 6 months

 

This implies the duration of the training contract as the law sets a deadline for completing the training. Here, too, the regulatory gap can be seen, as the training period may be interrupted for reasons beyond the legal relationship, for example in temporary incapacity or in the use of another type of statutory leave. The training contract, since it is a labor contract, should be announced at the NRA upon its conclusion. This is done by submitting a notification of an employment contract and the code in the notification is 14.

 

And here we can ask another question - what should the employer do after completing the training. Should this contract be terminated due to the expiry of the training period, is it necessary to conclude a new employment contract for the period of work agreed upon by the parties after the completion of the training or the contract may continue for the agreed period without be discontinued? My opinion is that the training contract should not be terminated, but it is necessary to continue for the agreed time limit for retraining the workforce from the worker after the completion of the training.

 

Upon completion of the training, the employee shall take an examination under conditions and in an order determined by the employer. Upon successful passing of the exam, the employer should issue to the worker a document certifying the acquired knowledge and experience. Upon completion of the training and the successful passing of the exam, the worker is obliged to work in the enterprise for a fixed term, which can not be longer than three years. The employer, on his part, undertakes to provide the worker with the job in accordance with the acquired qualification for the period for which they have agreed. Similar to the test clause, a training contract may be concluded with the same worker for the same job, profession or specialty only once.

 

Payment standart

 

During the training the worker or employee as he is drooling