Employment mediation activity includes provision, in aggregate or separately, of mediation services for: informing and consulting the persons looking for a job and the employers; psychological assistance to the persons looking for a job; guidance on vocational training; guidance and assistance on entering into employment, including in another settlement in the country or in other countries. The mediation activity is expressed in rendering assistance to the persons looking for a job and to the employers offering employment, aimed at the conclusion of an employment contract.
The employment mediation services can be organized and provided by persons who are eligible to provide employment mediation services according to the Bulgarian legislation. Becoming eligible requires registration for carrying out employment mediation activity – with the Employment Agency at the Ministry of Labour and Social Policy. Registered mediators are provided with certificate of registration which is subject to entry in a register.
The registration procedure is regulated by Art. 27 et seq. of the Employment Promotion Act (Chapter Six), as well as by the Ordinance for the Conditions and the Order of Carrying Out Employment Mediation.
Only natural and/or legal persons meeting the following conditions may apply for registration: have no debts to the State or the municipality; are not declared bankrupt; are not in liquidation proceedings; have not been sanctioned for violations of Art. 28, par. 1, par. 3 and par. 7, it. 2 of the Employment Promotion Act; the members of their management bodies have not been sanctioned for such violations, nor have other legal persons whose management bodies the latter used to be members of; the natural persons or the registered representatives of the legal persons, as well as the personnel involved in carrying out the employment mediation activity, have finished secondary or higher education and have length of employment service in the field of maritime transport not less than 3 years (if applicable).
Application and Necessary Documents
Candidates are registered upon submission to the Employment Agency of a written application – as per the standard forms of Appendix № 1 or 1a to the Ordinance. The application may be submitted personally or through proxy (e.g., a lawyer).
The following documents need to be enclosed to the application:
notarized copies of the documents relating to the secondary or higher education of the natural person or the registered representative of the legal person and of the members of the personnel involved in carrying out the employment mediation activity; for persons who have finished secondary education after 01.01.2007 or higher education after 01.01.2012 at Bulgarian secondary and higher schools a list containing information about the finished education should be presented instead;
notarized copies of the documents evidencing length of employment service of not less than 3 years in the field of maritime transport of the natural person or the registered representative of the legal person and of the members of the personnel involved in carrying out employment mediation for sailors (if applicable).
The Employment Agency verifies ex officio most of the circumstances and requirements with regard to the persons registered under the Bulgarian legislation – for example, the Employment Agency requests ex officio from the National Revenue Agency and the Executive Agency “General Labour Inspectorate” information about the presence or absence of obligations under Art. 87, par. 11 of the Tax and Social Insurance Procedure Code and about the presence or absence of entered into force penal decrees for the respective candidate (applicant).
In my opinion, the requirement for indicating unique identification number for registration with the Commission for Personal Data Protection should be deemed no longer applicable – following the latest amendments to the Personal Data Protection Act in connection with the GDPR, effective as of May 25, 2018 (no longer requiring registration of the controllers of personal data).
Processing of the Application and Additional Requirements
The Minister of Labour and Social Policy decides on the application and on the enclosed thereto documents within 14 days from the date of their receipt. The certificate of registration is issued upon payment of the due fee and provision of the respective payment document.
Registered mediators are obligated to keep an electronic register of the persons looking for a job and of the persons who have already been employed. In relation to that all registered mediators are required to submit an additional application for requesting access to the information system of the Employment Agency and for providing login preferences for such purposes.
The mediators need to ensure the necessary material and technical base for the employment mediation activity, including appropriate premises for the services, office equipment, computers and computer equipment, telephone and fax machine. The certificate of registration for mediation activity should be put in a visible place in the office of the mediator.
The Employment Promotion Act and the Ordinance provide for numerous additional requirements with regard to the mediation activity: when advertising and/or publishing job listings; with regard to the conclusion of mediation contracts and their content; for storing documentation in every opened office (as long as the company has more than one office – e.g., when it has opened branches outside the residential area of its seat), etc.
Pursuant to the Tariff on the Fees Collected for Registration for Carrying Out Employment Mediation Activity under the Employment Promotion Act, the due fee for registration for carrying out employment mediation for Bulgaria amounts to 380 Levs and for other countries and for sailors – to 670 Levs.
The fee should be paid within 14 days from the date of notification of the applicant that such fee is due.
Information about the due attorney fee may be found on page Fees.