Disciplinary proceedings and an employee’s right to an effective defence

Under Article 193(1) of the Bulgarian Labour Code, before imposing a disciplinary penalty the employer must hear the employee or accept the employee’s written explanations. The employer must request those explanations specifically in connection with the disciplinary proceedings and the proposed penalty. The employee must know why the explanations are being sought and give them in response to the proposed disciplinary action. It is for the employer to prove compliance with the procedure under Article 193.

Under Article 195(1) of the Labour Code, the order imposing a disciplinary penalty must give reasons. It must identify the employee, the offence, the date it was committed, the penalty and the statutory provision on which it is based. A dismissal order must state the facts on which the authority imposing the penalty relies to justify disciplinary action. The conduct giving rise to the penalty must be identified specifically. Giving reasons makes it possible to check that the employee has been penalised only once for the same offence, that the time limits in Article 194 have been observed and that the employee can defend the case effectively. Under the mandatory provisions of Article 126, points 1 and 3, employees must report to work on time, remain at their workplace until the end of working hours and use the whole of their working time to carry out the tasks assigned to them. Duties whose breach may constitute a disciplinary offence must arise from the particular employment relationship.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with a specific case, consult a lawyer who practises employment law.