Country report, gender equality : how are EU rules transposed into national law? : Bulgaria 2015.
Date: 2016-04-13
Institutions: Directorate-General for Justice and Consumers
Subjects: Bulgaria, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Bulgaria 

2015 

1 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality 
Unit JUST/D1 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Bulgaria 

Genoveva Tisheva  

Reporting period 1 January 2014 – 1 July 2015 

Directorate-General for Justice and Consumers 

2015 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Europe Direct is a service to help you find answers  
to your questions about the European Union. 

Freephone number (*): 

00 800 6 7 8 9 10 11 

(*) 

The information given is free, as are most calls (though some operators, phone 

boxes or hotels may charge you). 

LEGAL NOTICE 

This document has been prepared for the European Commission however it reflects the views only of the 
authors, and the Commission cannot be held responsible for any use which may be made of the information 
contained therein. 

More information on the European Union is available on the Internet (http://www.europa.eu). 

Luxembourg: Publications Office of the European Union, 2016 

ISBN 978-92-79-56858-9   

doi:10.2838/8359 

DS-04-16-178-EN-N 

© European Union, 2016 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Gender equality – Bulgaria- 2015 

Contents 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Introduction................................................................................................... 6 
1.1  Basic structure of the national legal system .............................................. 6 
1.2  List of main legislation transposing and implementing Directives ................. 8 
General legal framework ................................................................................. 9 
2.1  Constitution .......................................................................................... 9 
2.2  Equal treatment legislation ..................................................................... 9 
Implementation of central concepts ................................................................ 11 
3.1  Sex/gender/transgender ...................................................................... 11 
3.2  Direct sex discrimination ...................................................................... 11 
3.3 
Indirect sex discrimination .................................................................... 11 
3.4  Multiple discrimination and intersectional discrimination ........................... 12 
3.5  Positive action ..................................................................................... 12 
3.6  Harassment and sexual harassment ....................................................... 13 
3.7 
Instruction to discriminate .................................................................... 15 
3.8  Other forms of discrimination ................................................................ 15 
Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast  Directive 
2006/54)..................................................................................................... 16 
4.1  Equal pay ........................................................................................... 16 
4.2  Access to work and working conditions ................................................... 18 
Pregnancy  and  maternity  protection;  maternity,  paternity,  parental  leave  and 
adoption leave (Directive 92/85, relevant provisions of the Directives 2006/54 and 
2010/18)..................................................................................................... 21 
5.1  Pregnancy and maternity protection ...................................................... 21 
5.2  Maternity leave ................................................................................... 23 
5.3  Adoption leave .................................................................................... 25 
5.4  Parental leave ..................................................................................... 25 
5.5  Paternity leave .................................................................................... 28 
5.6  Time off/care leave .............................................................................. 29 
5.7  Leave in relation to surrogacy ............................................................... 29 
5.8  Leave sharing arrangements ................................................................. 29 
5.9  Flexible working time arrangements....................................................... 30 
Occupational pension schemes (Chapter 2 of Directive 2006/54) ........................ 32 
6.1 
Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational  social 
security schemes prohibited in national law? ........................................... 32 
Is  the  personal  scope  of  national  law  relating  to  occupational  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  6  of  Directive 
2006/54? Please explain and refer to relevant case law, if any. ................. 32 
Is  the  material  scope  of  national  law  relating  to  occupational  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  7  of  Directive 
2006/54? Please explain and refer to relevant case law, if any. ................. 32 
6.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  8  of 
Directive 2006/54 been implemented in national law? .............................. 33 
6.5  Are  there  laws  or  case  law  which  would  fall  under  the  examples  of  sex 
discrimination as mentioned in Article 9 of Directive 2006/54? .................. 33 
6.6 
Is sex used as an actuarial factor in occupational social security schemes? . 33 
6.7  Are there specific difficulties in your country in relation to occupational social 
security schemes, for  example due to the fact that security schemes in your 
country  are  not  comparable  to  either  statutory  social  security  schemes  or 
occupational  social  security  schemes?  If  so,  please  explain  with  reference  to 
relevant case law, if any. ...................................................................... 33 
Statutory schemes of social security (Directive 79/7) ........................................ 34 
7.1 
Is  the  principle  of  equal  treatment  for  men  and  women  in  matters  of  social 
security implemented in national legislation? .......................................... 34 

6.2 

6.3 

3

 
 
7.2 

7.3 

Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes  more  restricted  or  broader  than  specified  in  Article  2  of  Directive 
79/7? Please explain and refer to relevant case law, if any. ...................... 34 
Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 3 par. 1 and 2 of 
Directive 79/7? Please explain and refer to relevant case law, if any. ......... 35 
7.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  7  of 
Directive  79/7  been  implemented  in  national  law?  Please  explain  (specifying 
to what extent the exclusions apply) and refer to relevant case law, if any.  35 
7.5 
Is sex used as an actuarial factor in statutory social security schemes? ...... 35 
7.6  Are  there  specific  difficulties  in  your  country  in  relation  to  implementing 
Directive  79/7?  For  example  due  to  the  fact  that  security  schemes  in  your 
country  are  not  comparable  to  either  statutory  social  security  schemes  or 
occupational  social  security  schemes?  If  so,  please  explain  with  reference  to 
relevant case law, if any. ...................................................................... 36 
Self-employed workers (Directive 2010/41/EU and some relevant provisions of the 
Recast Directive) .......................................................................................... 37 
8.1  Has Directive 2010/41/EU been explicitly implemented in national law? ..... 37 
8.2  What is the personal scope related to self-employment in national legislation? 
Has  your  national  law  defined  self-employed  or  self-employment?  Please 
discuss  relevant  legislation  and  national  case  law  (see  Article  2  Directive 
2010/41/EU) ....................................................................................... 37 
8.3  Related  to  the  personal  scope,  please  specify  whether  all  self-employed 
workers  are  considered  part  of  the  same  category  and  whether  national 
legislation recognises life partners. ........................................................ 38 
8.4  How  has  national  law  implemented  Article  4  Directive  2010/41/EU?  Is  the 
material scope of national law relating to equal treatment in self-employment 
more  restricted  or  broader  than  specified  in  Article  4  Directive  2010/41/EU?
 ......................................................................................................... 38 
8.5  Has  your  State  taken  advantage  of  the  power  to  take  positive  action  (see 
Article 5 Directive 2010/41/EU)? If so, what positive action has your country 
taken? In your view, how effective has this been? ................................... 38 
8.6  Does  your  country  have  a  system  for  social  protection  of  self-employed 
workers (see Article 7 (Directive 2010/41/EU)? ....................................... 38 
8.7  Has  Article  8  Directive  2010/41/EU  regarding  maternity  benefits  for  self-
employed been implemented in national law? ......................................... 39 
8.8  Has  national  law  implemented  the  provisions  regarding  occupational  social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? .......................................................................................... 39 
8.9  Has  national  law  made  use  of  the  exceptions  for  self-employed  persons 
regarding matters of occupational social security as mentioned in Article 11 of 
Recast Directive 2006/54? Please describe relevant law and case law. ....... 39 
8.10  Is  Article  14(1)(a)  of  Recast  Directive  2006/54  implemented  in  national  law 
as regards self-employment? ................................................................ 40 
Goods and services (Directive 2004/113) ........................................................ 41 
9.1  Does national law prohibit direct and indirect discrimination on grounds of sex 
in access to goods and services? ........................................................... 41 
Is the material scope of national law relating to access to goods and services 
more  restricted  or broader than specified in Article 3 of Directive 2004/113? 
Please explain and refer to relevant case law, if any. ............................... 41 
9.3  Have  the  exceptions  from  the  material  scope  as  specified  in  Article  3(3)  of 
Directive  2004/113,  regarding  the  content  of  media,  advertising  and 
education, been implemented in national law? ........................................ 43 
9.4  Have differences in treatment in the provision of the goods and services been 
justified  in  national  law  (see  Article  4(5)  of  Directive  2004/113)?  Please 
provide references to relevant law and case law. ..................................... 43 

9.2 

8. 

9. 

4 

9.5  Does national law ensure that the use of sex as a factor in the calculation of 
premiums  and  benefits  for  the  purposes  of  insurance  and  related  financial 
services  shall  not  result  in  differences  in  individuals'  premiums  and  benefits 
(see Article 5(1) of Directive 2004/113)? ................................................ 43 
9.6  How has the exception of Article 5(2) of Directive 2004/113 been interpreted 
in  your  country?  Please  report  on  the  implementation  of  the  C-236/09  Test-
Achats ruling in national legislation. ....................................................... 43 
9.7  Has  your  country  adopted  positive  action  measures  in  relation  to  access  to 
and the supply of goods and services (see Article 6 of Directive 2004/113)? 43 
9.8  Are  there  specific  problems  of  discrimination  on  the  grounds  of  pregnancy, 
maternity  or  parenthood  in  your  country  in  relation  to  access  to  and  the 
supply of goods and services? Please briefly describe relevant case law. ..... 43 
10.  Violence  against  women  and  domestic  violence  in  relation  to  the  Istanbul 
Convention .................................................................................................. 44 
10.1  Has your country ratified the Istanbul Convention? .................................. 44 
11.  Enforcement and compliance aspects (horizontal provisions of all directives) ....... 45 
11.1  Victimisation ....................................................................................... 45 
11.2  Burden of proof ................................................................................... 45 
11.3  Remedies and Sanctions ....................................................................... 45 
11.4  Access to courts .................................................................................. 46 
11.5  Equality body ...................................................................................... 47 
11.6  Social partners .................................................................................... 47 
11.7  Collective agreements .......................................................................... 48 
12.  Overall assessment ...................................................................................... 49 

5 

 
1. 

Introduction 

1.1  Basic structure of the national legal system 

In  terms  of  direct  sources  of  law,  the  Bulgarian  legal  system  is  based  on  a  strictly 
defined hierarchy of the sources of law as follows:  

EU  Law  has  supremacy  over  the  internal  legal  provisions  of  the  legislation  of  Bulgaria 
(including the Constitutional provisions) which contradict it and it has direct effect. This 
is also valid for the field of legislation related to gender equality. 

The Constitution 

The provisions of the Constitution are directly applicable. 

Decisions of the Constitutional Court  

These are obligatory interpretations of the Constitution. The Constitutional Court is also 
entitled to declare provisions contained in an Act of Parliament to be anti-constitutional.  

International Treaties  

According  to  Art.  5,  para.  4  of  the  Constitution:  ‘International  treaties,  ratified  in 
compliance with the constitutional procedure, promulgated and entered into force for the 
Republic  of  Bulgaria  are  part  of  the  domestic  law  of  the  country  and  have  supremacy 
over those provisions of the domestic law which contradict them.’  

Acts of Parliament and Codifications 

Among the major codes currently in force in Bulgaria are:  the Administrative Procedure 
Code  from  2006,  the  Civil  Procedure  Code,  effective  as  from  March  1,  2008,  the  Social 
Insurance  Code  from  1999,  the  Labour  Code  from  1986,  the  Criminal  Code  from  1968, 
the  Criminal  Procedure  Code  from  2006,  and  the  Family  Code  from  2009.  The  Law  on 
Protection from Discrimination, adopted in 2003, is also a sui generis codification in the 
field. 

Delegated Legislation  

The Constitution provides for and a number of Acts of Parliament delegate to the Council 
of Ministers, the Ministers separately, other public bodies and/or officials the authority to 
issue  decrees,  regulations,  ordinances  and  instructions  and  thus  the  detailed  regulation 
of specific areas of economic or social activity.  

The Practice of the Courts  

The  judgments  issued  by  the  Bulgarian  courts  in  individual  proceedings  have  no 
universal  applicability,  i.e.  they  are  binding  on  the  parties  involved.  At  the  same  time, 
some judgments and interpretative decisions of the Supreme Administrative Court (SAC) 
and  of  the  Supreme  Court  of  Cassation  are  a  source  of  law  and  have  an  impact  on 
legislation and practice in all fields. 

The judicial system 

The administration of justice in Bulgaria is based on three instances. The courts are state 
bodies  that  administer  justice  in  civil,  criminal  and  administrative  cases.  The  following 
courts  exist  in  Bulgaria:  district  courts  –  113;    provincial/regional    courts  –  28; 
administrative  courts  –  28;    Specialized  Criminal  Court  –  1  ;  courts  of  appeal  –  5;  

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Specialised Criminal Court of Appeal – 1;  military courts – 5;  Military Court of Appeal – 
1; Supreme Court of Cassation – 1; Supreme Administrative Court – 1. The organisation 
and activities of the Bulgarian courts are governed by the Judicial System Act.1 

Anti-discrimination and gender equality legislation 

Developments  in  Bulgarian  legislation  and  practice  in  the  field  of  anti-discrimination, 
equal  treatment  and  equal  opportunities  were  made  possible  thanks  to  the  process  of 
the full integration of Bulgaria into the EU. 

The National Assembly is the legislative body which adopts legislation, also in the field of 
anti-discrimination  and  gender  equality.  The  Council  of  Minister  is  the  central  body 
responsible for the policy on gender equality. The Council of Ministers adopts regulatory 
acts  and  decisions  regarding  gender  equality.  Namely,  it  has  adopted  the  National 
Strategy on Gender Equality 2009-2015 and it adopts the yearly national action plans on 
gender equality, the reports on their implementation, and regulatory acts like Decree No. 
313/  2004  for  the  establishment  at  the  Council  of  Ministers  of  a  National  Council  on 
gender equality/ NCGE/. The NCGE is defined as a coordinating and consultative body, a 
body for cooperation between the national and territorial structures of the executive and 
the non-profit organizations dealing with gender equality.  

Since  2000  the  Ministry  of  Labour  and  Social  Policy  has  organized  and  coordinated  the 
national  policy  on  gender  equality,  in  cooperation  with  many  other  institutions  and 
organizations.  The  section 
‘Equal  opportunities,  anti- 
in  this  Ministry  entitled 
discrimination  and  social  assistance’  which  is  part  of  the  Directorate  on  ‘Policy  for 
persons  with  disabilities,  equal  opportunities  and  social  assistance’  has  competency  in 
this field and serves as the Secretariat of the National Council on Gender Equality. In the 
different ministries there are focal point coordinators on gender equality.  

The  Commission  for  Protection  from  Discrimination  was  created  in  2005  as  an 
independent  jurisdiction  under  the  Law  on  Protection  from  Discrimination  and  its 
mandate  covers  all  types  of  direct  and  indirect  discrimination,  including  discrimination 
based on sex, prohibited by law and by international instruments to which Bulgaria is a 
party. The Commission has broad competences, including initiating discrimination cases 
of  its  own  violation  and  assisting  the  victims  of  discrimination  in  bringing  a  claim.  The 
administrative  procedure  before  the  Commission  is  very  flexible  and  easy  to  follow  by 
the  petitioners.  The  position  and  competences  of  the  Commission  are  regulated  in 
Chapter 3 of the Law on Protection from Discrimination: the Commission finds violations, 
orders the prevention of or the halting of the violations and the restoration of the initial 
situation,  issues  coercive  prescriptions,  imposes  sanctions,  makes  suggestions  to 
national  and  local  governmental  bodies,  provides  independent  support  to  victims  of 
discrimination, gives opinions on drafts for normative acts,  and carries out independent 
research and monitoring. 

The  Commission  for  Protection  from  Discrimination  is  not  a  body  that  deals  specifically 
with  the  promotion,  monitoring  or  analysis  of  equal  treatment  based  on  sex.  These 
functions  of  the  equality  body,  required  by  the  EU  standards,  have  not  yet  been 
implemented in a consistent manner by any of the mentioned bodies. In fact there is no 
institution dealing exclusively, on a permanent basis, with gender equality. 

1   Promulgated in S.G. No. 64/2007. 

7 

 
 
 
 
 
 
 
                                                
1.2  List of main legislation transposing and implementing Directives 

- 
- 
- 

Law on Protection from Discrimination2 
Code of Social Insurance3  
Labour Code4  

2   Protection against Discrimination Act, S.G. 86/2003, in force since 1 January 2004, Bulgarian version 

available at http://lex.bg/laws/ldoc/2135472223. 

3   S.G No. 110/99, in force since 1 January 2000, full Bulgarian version available at 

http://lex.bg/laws/ldoc/1597824512. 

4   S.G. No. 26/ 86, in force since 1 January 1987, Bulgarian version available at 

http://www.lex.bg/bg/laws/ldoc/1594373121. 

8 

 
                                                
2.  General legal framework 

2.1  Constitution 

2.1.1  Does your national Constitution prohibit sex discrimination?  

Yes,  the  Bulgarian  Constitution  from  1991  prohibits  sex  discrimination,  among  other 
discrimination grounds. 

Article  6  of  the  Constitution/S.G.  No.  56/1991  addresses  these  issues.  This  provision 
proclaims  that  all  people  are  born  free  and  equal  in  dignity  and  rights,  and  that  all 
people are equal before the law. No limitations or privileges are allowed based on race, 
nationality,  ethnic  origin,  sex,  origin,  religion,  education,  belief,  political  affiliation, 
personal and social status, or property status.  

2.1.2  Does the Constitution contain other Articles pertaining to equality between men 

and women? 

Yes. Article 14 of the Constitution  stipulates that the family, maternity and children are 
under the protection of the state and society.  

Article  46  of  the  Constitution  stipulates  that  the  spouses  have  equal  rights  and 
obligations in a marriage and in the family. The marriage is a voluntary union between a 
man and a woman. 

Another relevant provision is Article 47 of the Constitution, which declares that the care 
and  education  of  children  until  they  reach  the  age  of  majority  represent  a  right  and 
obligation  of  their  parents,  with  the  support  of  the  state.  Special  protection  is  ensured 
for  mothers  who  are  granted  paid  leave  prior  to  and  after  giving  birth,  free  obstetrical 
care, an alleviation of working conditions and social assistance. 

All citizens have the right to work and the state creates the conditions for the realization 
of this right. Everybody has the right to choose freely his/her profession and workplace. 
Workers  and  employees  have  the  right  to  safety  and  health  at  work,  to  the  minimum 
wage and to remuneration correspondent to the work implemented, as well as the right 
to a break and a right to leave under the conditions defined by law (Article 48). 

Article  51  of  the  Constitution  guarantees  the  right  to  social  security  and  social 
assistance. 

2.1.3  Can  the  Article(s)  mentioned  in  the  two  previous  questions  be  invoked  in 

horizontal relations (between private parties)? 

Yes. The provisions of the Constitution have direct/immediate effect. Article 5 paragraph 
2 of the Constitution.  

2.2  Equal treatment legislation 

2.2.1  Does your country have specific equal treatment legislation? 

Yes,  Bulgaria  has  adopted  a  Law  on  Protection  from  Discrimination/S.G.  No.  86/2003, 
last  amended  by  S.G.  26/2015,  in  force  since  1  January  2004.  The  Law  on  Protection 
from Discrimination (LPFD) contains the prohibition of discrimination on a broad range of 
grounds, including on the ground of sex/gender. Besides a prohibition on discrimination 
based  on  this  ground,  the  ban  encompasses  the  grounds  of  race,  nationality,  ethnicity, 
human  genome,  citizenship,  origin,  religion  and  belief,  education,  conviction,  political 
affiliation,  personal  or  social  status,  disability,  age,  sexual  orientation,  family  status, 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
property  status,  or  any  other  ground,  defined  by  law  or  in  an  international  treaty  to 
which Bulgaria is a party - Article 4 paragraph 1 of the LPFD. 

In order to fill the gap in the structure of the mechanism for gender equality and in the 
respective  governmental  policy,  a  draft  Law  on  Gender  Equality  was  proposed  by  the 
Ministry  of  Labour  and  Social  Policy  but  it  has  not  yet  been  considered  by  the  National 
Assembly.5 

5   Draft Gender Equality Act, currently already under consideration by the National Assembly- 

www.parliament.bg/bg/bills/ID/15643/  

10 

 
                                                
3. 

Implementation of central concepts 

3.1  Sex/gender/transgender 

3.1.1  Are the terms gender/sex defined in your national legislation? 

No. 

3.1.2 

Is  discrimination  due  to  gender  reassignment  explicitly  prohibited  in  your 
national legislation?  

Yes. According to the Additional provisions of the Law on Protection from Discrimination  
Paragraph 1 p. 17, the ground of sex in Article 4 paragraph 1 also  encompasses  cases 
of gender reassignment. 

Gender identity is not explicitly included as a ground of discrimination.  

3.2  Direct sex discrimination 

3.2.1 

Is direct sex discrimination explicitly prohibited in national legislation?  

Yes. The definitions of direct discrimination and indirect discrimination correspond to the 
EU  definitions.  The  prohibition  of  discrimination  (as  ‘(…)  any  limitation  of  the  rights  or 
any privileges’) is laid down in Article 6(2) of the Bulgarian Constitution. In Article 4 the 
LPFD  contains  the  definitions  of  direct  (paragraph  2)  and  indirect  discrimination 
(paragraph  3).  Direct  discrimination  represents  any  less  favourable  treatment  of  a 
person  than  another  person  is,  has  been  or  would  be  treated  under  comparable 
circumstances.  The  Labour  Code  (Article  8  paragraph  3)  ensures  special  protection 
against direct and indirect discrimination, including that based on sex, in the exercise of 
labour rights and obligations.  

3.2.2  Are pregnancy and maternity discrimination explicitly prohibited in legislation as 

forms of direct sex discrimination? 

No.  They  are  not  explicitly  prohibited  as  direct  discrimination.  Nevertheless,  maternity 
discrimination can be subsumed partly under the ground of ‘family status,’ according to 
the definition of this ground in the Additional provisions of the LPFD: Paragraph 1 p. 13 
defines  family  status  as  also  encompassing  the  care  for  a  dependent  relative  due  to 
his/her age or disability. 

3.2.3  Are there specific difficulties in your country in applying the concept of direct sex 
discrimination?  If  so,  please  explain  these  difficulties,  with  reference  to 
legislation and/or (national) case law if relevant 

No. 

3.3  Indirect sex discrimination 

3.3.1 

Is indirect sex discrimination explicitly prohibited in national legislation?  

Yes.  Indirect  discrimination  is  explicitly  prohibited  in  Article  4  (3)  of  the  LPFD  and  the 
Bulgarian  definition  is  in  compliance  with  the  EU  definition:  to  place  a  person  in  a  less 
favourable position in comparison with other persons by means of an apparently neutral 
provision,  criterion  or  practice,  unless  the  said  provision,  criterion  or  practice  can  be 
objectively  justified  in  view  of  a  lawful  aim  and  the  means  for  achieving  this  aim  are 
appropriate and necessary.  

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.3.2 

No. 

3.3.3 

Is  statistical  evidence  used  in  your  country  in order  to  establish  a  presumption 
of  indirect  sex  discrimination?  Please  provide  some  examples  of  cases,  if 
available. 

Is  in  your  view  the  objective  justification  test  applied  correctly  by  national 
courts? Please provide some examples of cases, if available. 

Yes,  the  national  courts  correctly  identify  the  concept  and  cases  of  indirect 
discrimination.  Examples  of  case  law  encompass  mainly  cases  of  indirect  discrimination 
based on grounds such as ethnicity and disability. 

3.3.4  Are  there  specific  difficulties  in  your  country  in  applying the  concept  of  indirect 
sex  discrimination?  If  so,  please  explain  these  difficulties,  with  reference  to 
legislation and/or (national) case law if relevant.  

The  case  law  of  the  Commission  for  Protection  from  Discrimination  (KZD)  and  of  the 
courts has so far mainly dealt with the notion of direct discrimination.  

3.4  Multiple discrimination and intersectional discrimination 

3.4.1 

Is  multiple  discrimination  –  i.e.  discrimination  based  on  two  or  more  grounds 
simultaneously  –  and/or  intersectional  discrimination  –  i.e.  discrimination 
resulting  from  the  interaction  of  grounds  of  discrimination  which  interact  to 
produce  a  new  and  different  type  of  discrimination  -  explicitly  addressed  in 
national legislation? 

Multiple  discrimination  is  addressed  in  the  LPFD.  Namely,  multiple  discrimination  is 
addressed  in  the  Additional  provisions  (para.  1  p.  11)  as  discrimination  based  on  more 
than  one  ground.  Furthermore,  Article  11  paragraph  2  obliges  governmental  bodies, 
public  bodies  and  the  bodies  of  self-government  to  take  priority  measures  for  ensuring 
equal opportunities for persons who are victims of multiple discrimination as groups in a 
disadvantaged  position,  and  more  specifically  in  the  field  of  education  and  vocational 
training. 

3.4.2 

Is  there  any  case 
intersectional discrimination (where gender is one of the grounds at stake)? 

law  that  addresses  multiple  discrimination  and/or 

There  is  no  specific  case  law  in  the  field  which  has  an  impact  on  the  concept  of 
intersectionality including gender. 

3.5  Positive action 

3.5.1 

Is positive action explicitly allowed in national legislation?  

Yes,  positive  action  is  allowed  in  Bulgarian  legislation.  There  is  no  explicit  definition  of 
positive action. 

The  possibility  to  apply  positive  action  measures  for  achieving  gender  equality  is 
provided  for  in  the  Law  on  Protection  from  Discrimination.  Such  measures  are  allowed, 
along with measures in favour of disadvantaged groups in general. Thus positive action 
measures in favour of the under-represented sex may be taken in education and training 
for ensuring a balance in the participation of men and women, and as special measures 
for individuals or groups of persons in a disadvantaged position (Article 7 paragraphs 13 
and  14  LPFD).  In  the  sphere  of  employment  relations,  positive  action  can  be  taken  for 
encouraging persons belonging to the less represented sex to apply for a certain job or 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
position  and  for  encouraging  the  vocational  development  and  participation  of  workers 
and employees belonging to the less represented sex (Article 24 LPFD). 

Positive  action  measures  are  allowed  in  the  process  of  hiring  for  positions  in  the  state 
and  local  government  administration.  According  to  Article  39  of  the  Law,  if  the 
candidates for positions in the administration have equivalent qualifications in relation to 
the requirements for the position, the candidate from the under-represented sex will be 
appointed,  except  when  there  are  specific  circumstances  for  appointing  the  other 
candidate. This is also valid for determining the members of consultative and managerial 
and  other  bodies  in  this  sphere,  except  when  they  are  determined  by  elections  or  are 
subject to a competition/ tender. 

Following an amendment of the law from August 2012, according to Article 7 pp. 17 and 
18  of  the  LPFD  the  following  are  not  considered  to  be  discriminatory:  treating  people 
differently  in  the  provision  of  goods  and  services  when  they  are  aimed    exclusively  or 
predominantly at one of the sexes, if the aim is legitimate and if the means are adequate 
and  necessary;  treating  people  differently  in  relation  to  initiatives  mainly  or  exclusively 
promoting entrepreneurship among women, when they are the less represented sex, or 
for avoiding or compensating for disadvantages in a professional career. 

These positive measures are regulated among other exclusions from equal treatment not 
representing discrimination. 

It  can  be  concluded  that  the  Bulgarian  legislation  on  positive  action  goes  beyond  the 
employment sphere and beyond EU standards in general. In the employment sphere, the 
regulation of positive action measures for the under-represented sex is an obligation for 
the  employer.  A  general  remark  pertains  to  the  lack  of  practical  importance  and 
implementation of positive action measures. 

3.5.2  Are there specific difficulties in your country in relation to positive action? If so, 
please  explain  these  difficulties,  with  reference  to  legislation  and/or  (national) 
case law if relevant. 

There are no  specific difficulties but the principle is simply not applied  sufficiently often 
practice. 
and 

relevant 

there 

no 

is 

3.5.3  Has your country adopted measures that aim to improve the gender balance in 

company boards? 

No. 

There are no pending proposals that address the gender balance on company boards. 

There  are  no  policy  measures  aimed  at  addressing  the  gender  balance  on  company 
boards  to  our  knowledge.  There  are  just  research  projects  within  the  framework  of  the 
EU schemes but no advocacy campaigns so far. 

3.5.4  Has your country adopted other positive action measures to improve the gender 
balance  in  some  fields,  e.g.  in  political  candidate  lists  or  political  bodies?  If  so, 
please describe these measures.  

No. 

3.6  Harassment and sexual harassment 

3.6.1 

Is harassment explicitly prohibited in national legislation? 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Yes. Harassment and sexual harassment are explicitly forbidden and defined by the Law 
on  Protection  from  Discrimination.  According  to  Article  5  of  the  LPFD  harassment  and 
sexual harassment represent discrimination. 

According to Paragraph 1 p. 1 of the Additional provisions, harassment is any unwanted 
conduct  based  on  the  grounds  defined  in  Article  4  paragraph  1,  expressed  physically, 
verbally  or  in  any  other  way,  which  has  as  its  purpose  or  effect  the  violation  of  the 
dignity of the person and the creation of a hostile, degrading, humiliating, offensive and 
intimidating environment. 

The definition complies with the EU requirements. 

The  case  law  consists  of  court  cases  and  cases  before  the  equality  body,  initiated  by 
women concerning sexual harassment and the number of such cases is increasing. There 
are still gaps in the practical implementation, however: there are delays in proceedings 
and  the  application  of  the  burden  of  proof  by  the  Commission  for  Protection  from 
Discrimination  and  by  the  courts  was  not  in  full  compliance  with  EU  standards  until 
recently.  This  was  also due  to  the  fact  that  the  provision  on  the  burden  of  proof  in  the 
LPFD  –  Article  9  was  not  fully  in  compliance  with  the  respective  provisions  in  the  EU 
directives/the  Recast  Directive,  Directive  2004/113,  for  example.  At  the  beginning  of 
2015 the Law was amended and the correct wording was introduced in the definition of 
the rule on the burden of proof in cases of discrimination. Prior to that, the inconsistent 
practice  of  both  the  Commission  and  the  courts  was  reflected  in  the  level  of  proof 
required from women who were complaining, for example of sexual harassment, and, as 
a result, their access to justice was limited. 

3.6.2  Does  the  definition  of  harassment  cover  a  broader  scope  than  employment  in 

your country? If so, please specify the scope. 

Yes. Bulgarian law goes beyond the regulation of harassment at the workplace and also 
explicitly covers protection from harassment in educational institutions (Article 31 of the 
Law), and harassment in the area of the establishment, equipment and extending of an 
economic  activity  (Article  37  paragraph  3).  Harassment  in the latter  sphere  is  explicitly 
defined  as  follows:  the  refusal  or  the  acceptance  by  a  person  of  conduct  which 
represents  harassment  or  sexual  harassment  cannot  be  a  ground  for  taking  a  decision 
which affects this person.  

3.6.3 

Is sexual harassment explicitly prohibited in national legislation? 

Yes. According to Paragraph 1 p. 2 of the Additional provisions, sexual harassment is any 
unwanted conduct of a sexual nature, expressed physically, verbally or in any other way, 
which  violates  the  dignity  and  honour  of  the  person  and  creates  a  hostile,  degrading, 
humiliating, offensive  and intimidating environment. Namely sexual harassment  occurs 
when  a  person  refuses  to  accept  such  behaviour  or  the  compulsion  to  accept  it  which 
might influence  the taking of decisions affecting this person. The definition corresponds 
to  the  EU  standards.  It  is  noted  that  in  this  definition  only  the  effect  on  dignity  is 
identified  as  sexual  harassment.  It  would  be  better  to  have  the  expression  ‘which  have 
as a purpose or effect’ also in the definition of sexual harassment. 

3.6.4  Does  the  definition  of  sexual  harassment  cover  a  broader  scope  than 

employment in your country? If so, please specify the scope. 

Yes.  Bulgarian  law  goes  beyond  the  regulation  of  sexual  harassment  at  the  workplace 
and  also  explicitly  covers  protection  from  sexual  harassment  in  educational  institutions 
(Article 31 of the Law), and harassment in the area of the establishment, equipment and 
extending  of  an  economic  activity  (Article  37  paragraph  3).  In  the  latter  sphere  the 

14 

 
 
 
 
 
 
 
 
 
refusal or the acceptance by a person of conduct which represents harassment or sexual 
harassment cannot be a ground for taking a decision which affects this person. 

3.6.5  Does national legislation specify that harassment and sexual harassment as well 
as  any  less  favourable  treatment  based  on  the  person’s  rejection  of  or 
submission  to  such  conduct  amounts  to  discrimination  (see  Article  2(2)(a)  of 
Directive 2006/54)?  

Yes.  The  person’s  rejection  of  or  submission  to  such  conduct  is  mentioned  in  the 
definition  of  sexual  harassment  which  amounts  to  discrimination.  It  is  also  mentioned 
explicitly  in  the  prohibition  of  harassment  and  sexual  harassment  in  the  sphere  of 
establishing  an  economic  activity.  But  it  is  not  mentioned  separately  and  explicitly  as 
discrimination  in  other  cases.  In  our  opinion  this  cannot  form  an  obstacle  to  practical 
implementation in all spheres, due to the very comprehensive nature of the LPFD. 

3.7  Instruction to discriminate 

3.7.1 

Is an instruction to discriminate explicitly prohibited in national legislation? 

Yes, an instruction to discriminate is prohibited as an element of the notion of incitement 
to discrimination (see question 3.7.3 below).  

3.7.2  Are  there  specific  difficulties  in  your  country  in  relation  to  the  concept  of 
instruction to discriminate? If so, please explain these difficulties, with reference 
to legislation and/or (national) case law if relevant. 

Not to our knowledge, more specifically in the field of discrimination based on sex. 

3.7.3 

Is incitement to discrimination explicitly prohibited in your country? 

Yes,  incitement  to  discriminate  is  explicitly  recognised  as  discrimination  and  means 
direct  and  intentional  encouragement,  giving  an  instruction,  exerting  pressure  or 
persuading  someone  to  engage  in  discrimination.  (Paragraph  1  p.  5  of  the  Additional 
provisions). 

3.8  Other forms of discrimination 

Are  any  other  forms  of  discrimination  prohibited  in  national  law,  such  as  discrimination 
by association or assumed discrimination? 

We  think  that  although  it  is  not  explicitly  defined  as  other  forms  of  discrimination,  the 
definition of the meaning of ‘based on the grounds of Article 4 paragraph 1 of the LPFD’ 
refers  to  such  forms  of  discrimination.  Paragraph  1  p.  8  of  the  Additional  provisions 
reads: ‘…on the basis of the real, current or past existence, or assumed existence of one 
or  more  grounds  in  connection  with  the  person  discriminated  against  or  with  a  person 
connected  to  the  discriminated  person.’  ‘Connected  persons’  are  also  defined  in  the 
Additional provisions.  

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
4. 

Equal  pay  and  equal  treatment  at  work  (Article  157  TFEU  and  Recast 
Directive 2006/54) 

4.1  Equal pay 

4.1.1 

Is the principle of equal pay for equal work or work of equal value implemented 
in national legislation? 

Yes.  The  principle  of  equal  pay  is  regulated  in  the  Labour  Code  and  in  the  Law  on 
Protection 
from  Discrimination  (Article  14).  The  employer  shall  ensure  equal 
remuneration  for  equal  or  equivalent  work.  It  shall  apply  to  all  types  of  pay  –  any 
remuneration,  paid  directly  or  indirectly,  in  cash  or  in  kind.  The  notion  of  equal  pay 
includes  the  assessment  criteria  in  determining  the  labour  remuneration  and  the 
assessment  of  the  work  performance.  These  criteria  shall  be  equal  for  all  employees, 
regardless of the duration of the contract or the working time, and shall be determined 
by collective labour agreements or by internal administrative rules regarding salaries. 

The principle enshrined in the Law on Protection from Discrimination is not defined as a 
typical  equal  pay  clause  between  men  and  women  only  but  encompasses  all 
discrimination grounds. 

Article 243 of the Labour Code defines the equal pay principle between men and women 
as  ensuring  equal  remuneration  for  equal  or  equivalent  work,  by  encompassing  also  all 
elements of pay. 

The  EU  standards  of  equal  pay  are  fully  transposed  in  Bulgarian  legislation.  However, 
there  is  a  big  gap  between  the  formal  recognition  of  the  equal  pay  principle  and  its 
implementation  in  practice.  No  specific  and  consistent  legislative  or  policy  measures 
have so far been adopted to address the gender pay gap. 

There is a specific procedure for the assessment of civil servants. 

In  principle,  no  justifications  for  differences  in  pay  for  women  and  men  are  accepted. 
This is  confirmed  by  the  case  law  of  the  Commission  for  Protection  from  Discrimination 
(e.g.  Devnya  Cement  –  Decision  of  the  CPFD  No.  29/4.07.2006,  confirmed  by  Decision 
No. 10594/1.11.2007 of the Supreme Administrative Court). The case law on this issue 
is not recent and is not sufficiently important for the development of the notion of equal 
pay. 

The law provides, as an exception to the principle of non-discrimination in Article 7, for 
the  possibility  of  more  advantageous  working  conditions in  relation  to  different  working 
experience or seniority, when it is objectively justified for achieving a legitimate aim with 
the means deemed necessary.  

4.1.2 

Is the concept of pay defined in national legislation? 

No. There is no separate, explicit and general definition of pay.  

4.1.3  Does  national  law  explicitly  implement  Article  4  of  Recast  Directive  2006/54 
(prohibition of direct and indirect discrimination on grounds of sex with regard to 
all aspects and conditions of remuneration)? 

Yes, in relation to the definition contained in Article 14 of the LPFD mentioned above.  

4.1.4 

Is a comparator required in national law as regards equal pay? 

This is not explicitly required, but yes, it may sometimes be required in practice. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.1.5  Does  national  law  lay  down  parameters  for  establishing  the  equal  value  of  the 
work  performed,  such  as  the  nature  of  the  work,  training  and  working 
conditions?  

Not  explicitly  in  the  law.  As  mentioned  above,  the  notion  of  equal  pay  includes  the 
assessment criteria in determining the labour remuneration and the assessment of work 
performance.  These  criteria  shall be  equal  for  all  employees,  regardless  the  of  duration 
of  the  contract  or  the  working  time,  and  shall  be  determined  by  collective  labour 
agreements or by internal administrative rules regarding salaries. 

There  are  specific  rules  and  procedures,  for  example  for  the  assessment,  including  the 
periodic  assessment  of  civil  servants,  regardless  of  the  grounds  defined  in  Article  4 
paragraph 1 of the LPFD.  

4.1.6  Does national (case) law address wage transparency in any way? 

Not specifically.  

4.1.7 

Is  the  European  Commission’s  Recommendation  of  7  March  2014  on 
strengthening  the  principle  of  equal  pay  between  men  and  women  through 
transparency applied in your country?6 If so, how? 

Not  specifically.  Only  the  data  and  campaign  within  the  EU  were  reflected  in  the  news 
and public debates around this date. 

4.1.8  Which  justifications  for  pay  differences  are  allowed  in  legislation  and/or  case 

law? 

The  law  provides  for  the  possibility  to  have  more  advantageous  working  conditions  in 
relation  to  different  working  experience  or  seniority,  when  it  is  objectively  justified  for 
achieving a legitimate aim with the means deemed necessary. 

4.1.9  Are  there  specific  difficulties  related  to  the  application  of  the  principle  of  equal 
pay for equal work and work of equal value in practice? For example in case of 
out-sourcing? 

No. The legal practice on ensuring equal pay is being developed by the Commission for 
Protection against Discrimination. The Commission is still the preferred forum for women 
who seek protection against unequal pay. Despite the fact that the case law mentioned 
below is not recent, the first case which had an impact is worth mentioning. 

The  Devnya  Cement  case  was  decided  by  the  Second  specialised  panel  of  the 
Commission  and  was  confirmed  by  the  Supreme  Administrative  Court  119.  The 
Commission  found  continuous  unequal  treatment  of  the  applicant,  a  female  worker  at 
‘Devnya  Cement,’  in  that  she  was  provided  with  unequal  pay  for  work  of  equal  value, 
when  compared  to  her  male  colleagues.  The  Commission  declared  that  it  constituted 
both  a  violation  of  Article  14  paragraph  1  (the  equal  pay  provision)  of  the  Law  on 
Protection  against  Discrimination  (LPAD),  and  direct  discrimination  based  on  sex  within 
the  meaning  of  Article 4  paragraph  2  of  the  law.  Before  the  Commission  the  defendant 
could  not  justify  the  difference  of  BGN  45  (around  EUR  23)  in  pay  on  a  monthly  basis 
vis-à-vis  the  applicant  and  to  her  detriment,  compared  to  her  male  colleagues.  The 
Commission  ordered  ‘Devnya  Cement’  to  discontinue  the  practice  of  unequal  treatment 
based on sex in the enterprise, and to amend the  collective agreement so as to include 

6   2014/124/EU OJ 2014 L 69, p. 112-116. 

17 

 
 
 
 
 
 
 
 
 
 
 
                                                
guarantees of  equal pay, based  on sex and  on all other grounds, as required by Article 
14 paragraphs 1 and 2 of the anti-discrimination law.7 

4.2  Access to work and working conditions 

4.2.1 

Is  the  personal  scope  in  relation  to  access  to  employment,  vocational  training, 
working  conditions  etc.  defined  in  national  law  (see  Article  14  of  Directive 
2006/54)? 

Yes, we consider that the definition of a worker in Bulgarian law is in line with the CJEU 
case law. Chapter 2 Section 1 of the Anti-Discrimination Law regulates protection against 
discrimination in the employment sphere. Without explicitly indicating the personal scope 
of  the  protection,  the  law  uses  the  term  ‘employer’  which  encompasses,  in  the  first 
place,  labour  relations,  and  also  applies  to  relations  between  workers  and  employers 
under  a  labour  contract.  According  to  Article  28  of  the  Anti-Discrimination  Law,  this 
protection  is  also  extended  to  civil  servants  under  the  special  civil  servants’  contracts. 
The  persons  obliged  to  ensure  equal  pay  and  equal  access  to  work  and  working 
conditions are the employers. The definition of the concept of ‘employer’ is contained in 
the  Additional  Provisions  of  the  Labour  Code,  Paragraph  1.1.:  the  term  ‘employer’  is 
associated with any physical or legal person, or its branches, or any other unit which is 
autonomous  from  an  organizational  and  economic  point  of  view,  and  who/which  hires 
workers  and  employees  independently  under  a  labour  contract,  including  homeworkers 
or workers for distance working, as well as in cases of sending a worker or employee for 
temporary  work  to  another  enterprise  called  the  beneficiary.  It  is  to  be  noted  that  the 
definition of an employer was extended  so that it is also applicable to the categories of 
homeworkers,  distance  workers  and  temporary  workers  as  a  result  of  the  amendments 
to the Labour Code in 2011 and 2012 (S.G. 33/2011, 82/2011 and 7/2012). 

The alternative to the labour contract is to work under a civil contract but, as mentioned 
above,  only  those  working  under  a  labour  contract  are  protected  under  the  Anti-
Discrimination Law. The rights of persons under such contracts are regulated  under the 
Law on Contracts and Obligations. 

Discrimination  based  on  the  grounds  indicated  in  Article  4  paragraph  1  of  the  LPFD  is 
also  prohibited  in  the  field  of  the  public  and  the  real  (economic)  sector,  directly  or 
indirectly, in relation to the development of an economic activity, according to Chapter 2  
Section 3 Article 37 paragraph 2.  

4.2.2 

Is  the  material  scope  in  relation  to  (access  to)  employment  defined  in  national 
law (see Article 14(1) of the Recast Directive 2006/54)? 

Yes. The protection given by the Bulgarian legislation in the field of access to work and 
working  conditions  is  almost  in  full  compliance  with  the  EU  equal  treatment  directives 
(except the lack of an explicit statement on equality in the benefits provided for by trade 
unions and other professional organisations).  The main guarantees are provided by the 
Law  on  Protection  from  Discrimination,  supplemented  by  the  guarantees  of  the  Labour 
Code  (for  labour  contracts)  and  by  the  respective  provisions  of  the  Law  on  Civil 
Servants.  The  detailed  protection  corresponding  to  the  requirements  of  the  directive  is 
provided  in  the  Anti-Discrimination  Law.  Namely,  Article  12  lays  down  the  principle  of 
non-discrimination  in  the  field  of  recruitment  and  Article  13  ensures  the  right  to  equal 
working conditions. Article 14 relates to the right to equal pay. Article 15 guarantees the 
right to equal conditions for vocational training and retraining, for upscaling qualification 
or requalification, for professional promotion, and promotion in terms of position or rank, 
by  ensuring  equal  conditions  for  professional  assessment.  Equal  criteria  in  applying 

7   Decision of the Commission for Protection against Discrimination No. 29/4. 07. 2006, confirmed by 

Decision No. 10594/1. 11. 2007 of the Supreme Administrative Court. 

18 

 
 
 
 
 
 
 
                                                
disciplinary sanctions is required by Article 20 and Article 21 lays down equal conditions 
for the termination of employment. 

The protection provided by the law covers all aspects of working life and is extended to 
all  types  of  employment  relations,  including  those  related  to  sex  discrimination  in  the 
implementation  of  military  service  in  the  armed  forces,  with  the  exception  of  activities 
and  positions  where  sex  constitutes  a  determining  factor  -  Article  27  of  the  LPFD.  The 
protection  also  covers  civil  service  relationships.  In  addition  to  the  requirements  in  the 
in 
Directive,  Bulgarian 
unemployment. 

law  also  contains  protection  against  discrimination 

Article  37  paragraph  2  mentioned  above  extends  this  protection  to  the  public  and  real 
(economic) sectors in all cases of the establishment, initiation, equipment or expanding 
of any economic activity. 

Article 36 lays down the principle of non-discrimination in the subscription to/ adherence 
to, terms of membership and participation in trade unions and in all kinds of professional 
organisations,  besides  the  requirement  of  specific  education  in  the  professional 
organisations.  Equality  in  the  benefits  provided  by  such  organisations  is  not  explicitly 
included but could be related to the terms of participation. 

4.2.3  Has the exception on occupational activities been implemented into national law 

(see Article 14(2) of Recast Directive 2006/54)? 

Yes.  As  an  exception,  different  treatment  is  allowed  by  reason  of  the  nature  of  a 
particular occupation or activity, or of the conditions under which it is performed,  when 
gender characteristics constitute an essential and decisive occupational requirement, the 
aim  is  legitimate  and  the  requirement  does  not  go  beyond  what  is  necessary  for  its 
achievement  -  Article  7  paragraph  2  of  the  LPFD.  The  lists  of  activities  where  gender 
characteristics  constitute  an  essential  requirement  are  in  principle  defined  by  an 
ordinance  of  the  Minister  of  Labour  and  Social  Policy/MLSP/,  in  accordance  with  the 
Minister of Internal Affairs, as well as by an ordinance of the Minister of Defence/ Article 
7 paragraph 2/. Two such ordinances have been adopted – Ordinance No. 4 of 30 March 
2004 of the MLSP and Ordinance No. 14 of 10 October 2005 of the Minister of Defence. 
The first one rather focuses on selection for artistic performances and is almost without 
practical importance  as  it is  not  among  the  regulatory  acts  listed  on  the  website  of  the 
MLSP.  The  second  ordinance  on  activities  and  positions  in  the  armed  forces  is  also 
progressively  losing  its  practical  importance  and  has  been  amended,  as  will  be  further 
indicated. 

More concrete and rigid exceptions are provided in cases of differential treatment based 
on  religion,  faith  or  sex  in  occupational  activities  and  religious  education  or  training  at 
religious  institutions  or  organisations  -  Article  7  paragraphs  3  and  4.  We  are  of  the 
opinion  that  the  detailed  regulation  of  these  exceptions  goes  beyond  EU  law  and 
presents a risk of non-compliance with the requirements for legality and proportionality 
and the exceptions based on religious considerations in relation to sex cannot be a priori 
justified. 

As mentioned above, in spheres outside religious activities, the exceptions are currently 
being assessed and are progressively losing their importance. Even the ordinance of the 
Minister of Defence was amended in 2010 in order to abolish the requirements related to 
sex for service in the National Guard. This was done  after a challenge before the courts 
by  two  young  women  who  contested  the  prohibition  on  women  having  access  to  the 
National Guard. The case was discontinued by the court after the particular provision of 
the ordinance was repealed.  

19 

 
 
 
 
 
 
 
4.2.4  Has  the  exception  on  protection  for  women,  in  particular  as  regards  pregnancy 
and  maternity,  been  implemented  in  national  law  (see  Article  28(1)  of  Recast 
Directive 2006/54)? 

Yes. Article 7 p. 7 stipulates that the special protection of pregnant women and mothers 
under the law does not constitute discrimination. Within this category are also women at 
an  advanced  stage  of  in-vitro  fertilization.  There  is  an  exception  to  the  exception, 
however: this protection  does not apply when women in such situations do not want to 
avail  themselves  of  this  protection  and  they  have  informed  their  employer  thereof  in 
writing,  accordingly.  This  last  argument  has  no  practical  implications  for  the  exception, 
as  it  cannot  potentially  affect  the  rights  of  other  persons  protected  under  the  anti-
discrimination principle. 

4.2.5  Are there particular difficulties related to the personal and/or material scope of 
national  law  in  relation  to  access  to  work,  vocational  training,  employment, 
working conditions etc.?  

No. 

20 

 
 
 
 
5. 

Pregnancy  and  maternity  protection;  maternity,  paternity,  parental  leave 
and adoption leave (Directive 92/85, relevant provisions of the Directives 
2006/54 and 2010/18) 

5.1  Pregnancy and maternity protection 

5.1.1  Does national law define a pregnant worker? 

Yes,  an  explicit  definition  of  this  notion  has  been  recently  provided  in    joint  Ordinance 
No.  RD-07-4  from  15  June  2015  from  the  Minister  of  Labour  and  Social  Policy  and  the 
Minister of Health: Ordinance for improving the working conditions for pregnant women, 
women  who  have  given  birth  or  breastfeeding  women.8  This  ordinance  was  meant  to 
ensure full compliance with Directive 92/85. Paragraph 1 p. 1 of the Additional provisions 
defines the notion of a pregnant worker as follows: 

‘1.  "Pregnant  worker"  is  a  worker  or  employee  with  the  confirmed  status  of 
pregnancy as well as the one in an advanced stage of in-vitro treatment within the 
meaning  of  §  1,  p.  13  of  the  Additional  provisions  of  the  LC  and  who  has  duly 
informed her employer about her status with a document issued by the competent 
health authorities.’ 

In this recently issued ordinance the notions of a woman worker who has given birth and 
a breastfeeding worker are defined as well.  

‘A female worker or employee who has given birth’ is one who has returned to work prior 
to 90 days after having given birth and has informed her employer of her status with a 
document issued by the health authorities.  

‘A  breastfeeding  female  worker  or  employee’  is  one  who  breastfeeds  her  child  herself 
and  has  informed  her  employer  of  her  status  with  a  document  issued  by  the  health 
authorities.  

We  note  that  in  Bulgarian  legislation  protection  which  is  symmetrical  to  the  one 
guaranteed to pregnant women is granted to female workers and employees who are at 
an  advanced  stage  of  in-vitro  treatment.  Their  rights  were  made  consistent  with  those 
of pregnant  female  workers  and  employees  and  with  those  who  are  breastfeeding. 
According to Paragraph 1 p. 13 of the Additional provisions of the Labour Code and to p. 
16 paragraph 1 of the Additional provisions of the Anti-Discrimination Law, this advanced 
stage  corresponds  to  the  period  up  to  20  days  from  the  aspiration  of  the  ova  until  the 
transfer of the embryo.  

Notification  of  the  employer  by  the  pregnant  woman  is  regulated  in  Article  313a  of  the 
LC  as  an  obligation  of  the  woman  in  order  to  avail  herself  of  the  rights  of  pregnant 
workers and employees provided for in the Labour Code. 

The definition of a pregnant worker is consistent with the requirements of the Directive. 

5.1.2  Are  the  protective  measures  mentioned  in  the  Articles  4-7  of  Directive  92/85 

implemented in national law? 

Yes, these protective measures are ensured in Bulgarian legislation.  

Articles  307  and  309  LC  regulate  this  protection.  The  employer  cannot  compel  a 
pregnant  or  breastfeeding  woman,  or  a  woman  at  an  advanced  stage  of  in-vitro 

8   Promulgated in S.G. 46/2015. 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
fertilization, to perform work which entails a risk to their safety or health. The pregnant 
woman has the right to refuse to perform work which is defined as harmful to her health 
or  for  the  health  of  the  child  or  which,  as  a  result  of  a  risk  assessment,  is  defined  as 
representing considerable harm to their health. The assessment is carried out, based on 
regulatory acts, such as an Ordinance by the Minister of Labour and Social Policy, issued 
jointly with the Minister of Health (No. 5  from  1999). The assessment is carried out by 
the  employer,  with  the  participation  of  units  dealing  with  labour  medicine,  the  bodies 
dealing  with  health  and  safety  at  work  and  other  specialists  in  the  enterprise.  The 
employer can also invite other external experts and organisations.  

A list of the working activities and the working conditions which pose a risk to the health 
and safety of pregnant workers is provided in a joint Ordinance of the Minister of Labour 
and  Social  Policy  and  of  the  Minister  of  Health.  This  is  currently  regulated  by  the 
mentioned  Ordinance  No.  RD-07-4  from  15  June  2015  of  the  Minister  of  Labour  and 
Social Policy and the Minister of Health: Ordinance for improving the working conditions 
for  pregnant  women,  women  who  have  given  birth  or  breastfeeding  women.  In  this 
ordinance there is also a reference to the above-mentioned Ordinance No. 5 from 1999 
on  the  procedure,  methodology  and  periodic  review  for  the  risk  assessment  for  the 
health  and  safety  of  pregnant  workers,  workers  who  have  given  birth  or  are 
breastfeeding.  The  recently  issued  ordinance  from  June  2015  contains  non-  exhaustive 
lists  of  the  risk  factors,  work  processes  and  working  conditions  for  women  of  the 
protected categories.  

Under Bulgarian law, and according to Article 309 LC, the employer is obliged to adjust 
any working conditions which are not suitable for pregnant or breastfeeding women or, if 
this is not technically and objectively possible, the employer  has to transfer the worker 
to  other  suitable  work.  The  provisions  by  the  health  authorities  are  obligatory  both  for 
the pregnant worker and for the employer in such cases. Until the adequate adjustment 
is  made,  the  pregnant  or  breastfeeding  worker  is  exempted  from  the  obligation  to 
perform the unsuitable work. In all cases the levels of the remuneration received prior to 
the adjustment for this category  of workers  should be maintained, and in case  of wage 
differences  after  the  adjustment  the  worker  should  be  compensated  up  to  the  amount 
received prior to that. In addition to the Ordinance mentioned above, the Ordinance for 
an adjustment to the workplace for pregnant workers, workers who have given birth and 
breastfeeding workers is valid as well - Ordinance adopted by Decree No. 72/ 86 of the 
Council of Ministers.  

In  addition,  the  LC  provides  for  a  standing  obligation  for  the  employer  to  define  on  a 
yearly  basis,  in  conjunction  with  the  health  authorities,  the  working  positions  and 
workplaces which are suitable for pregnant workers, workers in an advanced stage of in-
vitro treatment and breastfeeding workers.  

According  to  Article  140  paragraph  4  of  the  LC,  night  work  is  forbidden  for  pregnant 
workers  and  workers  in  an  advanced  stage  of  in-vitro  treatment;  this  is  also  valid  for 
mothers  with  children  up  to  6  years  old,  and  mothers  who  take  care  of  children  with 
disabilities, notwithstanding their age, unless their explicit written consent is given.  

The  possibility  for  a  transfer  to  daytime  work  or  leave  from  work,  or  an  extension  of 
maternity leave, is not explicitly provided for such cases. But it can be considered to be 
an  implicit  possibility  in  view  of  the  protection  provided  by  the  provisions  mentioned 
above. To this the long maximum duration of maternity leave in Bulgaria can be added. 

According  to  our  assessment,  the  protection  required  by  the  Directive  is  ensured  by 
Bulgarian law. 

22 

 
 
 
 
 
 
 
5.1.3 

Is dismissal prohibited in national law from the beginning of the pregnancy until 
the end of the maternity leave (see Article 10(1) of Directive 92/85)? 

Yes, the provisions on the conditions for the dismissal of such categories of workers are 
in compliance with the Directive.  

The  prohibition  is  not  absolute.  According  to  Article  333  paragraph  5  LC,  a  pregnant 
worker  or  a  worker  at  an  advanced  stage  of  in-vitro  treatment  may  only  be  dismissed 
based on the grounds of Article 328, paragraph 1,  pp. 1, 7, 8, 12 with previous notice, 
and  without  notice  only  based  on  Article  330  paragraph  1  and  paragraph  2  p.  6  LC.  In 
the  latter  case/Article  330  para  2  p.  6  a  dismissal  will  only  be  possible  with  the  prior 
permission  of  the  Labour  Inspectorate.  In  the  case  of  Article  328  LC  these  hypothetical 
situations cover: the closing down of the enterprise, a refusal by the worker to follow the 
enterprise  or  its  unit  if  it  is  moved  to  another  location,  when  the  position  has  to  be 
vacated in favour of the return  of an illegally dismissed worker or  employee,  and when 
there is an objective impossibility to perform the duties under the labour contract. Article 
330  paragraph  1  covers  cases  when  the  worker  is  detained  for  the  enforcement  of  a 
verdict and paragraph 2 p. 6 LC covers a dismissal for a breach of discipline. 

Increased  protection  is  provided  in  cases  of  the  dismissal  of  a  female  worker  or 
employee mother of a child up to three years of age. According to Article 333 paragraph 
1,  a  preliminary  approval  for  each  individual  case  is  required  before  a  dismissal  under 
Article 328 paragraph 1 ,  pp. 2, 3, 5 and 11 and Article 330 paragraph 2 p. 6  LC. This 
covers the closing down of part of the enterprise or a reduction in personnel, a decrease 
in  the  volume  of  work,  a  lack  of  qualities  and  skills  by  the  worker  or  employee  for  the 
effective  performance  of  the  work,  a  change  to  the  job  requirements  and  when  the 
worker or employee does not comply with them.  

Maximum protection is provided for a worker or employee who is on leave under Article 
163 LC: for pregnancy, giving birth or adoption. According to Article 333 paragraph 6 LC, 
this category of workers may only be dismissed when the enterprise has to close down/ 
Article 328 para. 1. If the employee is made redundant during her maternity leave until 
its  end  she  is  entitled  to  maternity  benefits  up  to  410  days,  as  guaranteed  under 
Bulgarian legislation. 

5.1.4 

In cases of dismissal from the beginning of pregnancy until the end of maternity 
leave,  is  the  employer  obliged  to  indicate  substantiated  grounds  for  the 
dismissal in writing (see Article 10(2) of Directive 92/85)? 

Yes,  According  to  Article  335  LC  the  dismissal  must  be  in  writing  and  in  most  cases 
written notice is required where the specific grounds are substantiated. The sanction for 
not respecting this provision is that the dismissal will be declared illegal by the courts.  

5.2  Maternity leave 

5.2.1  How  long  (in  days  or  weeks)  is  maternity  leave?  Please  specify  the  relevant 

legislation and Article(s). 

Female employees are entitled to pregnancy and maternity leave for 410 days for each 
child,  45  days  of  which  must  be  used  before  the  birth  (Article  163  paragraph  1  LC).  A 
female employee who adopts a child is entitled to leave which is equal to the difference 
between the child’s age when he/she was given up for adoption and the expiration of the 
period of the maternity leave. This extended leave was introduced in January 2009. 

Therefore Bulgarian legislation goes beyond the minimum requirements of EU law. 

23 

 
 
 
 
 
 
 
 
 
 
 
5.2.2 

Is there an obligatory period of maternity leave before and/or after birth? 

Yes, as mentioned above this period is 45 days - Article 163 LC. 

The  maternity  leave  after  giving  birth  is  formulated  as  a  right  of  the  working  mother  - 
Article 163 paragraph 1 LC.  

It  is  noted  that  according  to  Article  7  paragraph  1  p.  7  the  special  protection  for 
pregnant  women  and  mothers  which  is  established  by  law  does  not  constitute 
discrimination,  except  in  cases  where  they  do  not  want  to  benefit  from  this  protection 
and they have notified the employer of this in writing. 

5.2.3 

Is  there  a  legal  provision  insuring  that  the  employment  rights  relating  to  the 
employment contract are ensured in the cases referred to in Articles 5, 6 and 7 
of Directive 92/85? 

Yes, the rights are ensured and the issue was covered in 5. 1. 2 above. 

5.2.4 

Is  there  a  legal  provision  that  ensures  the  employment  rights  relating  to  the 
employment  contract  (including  pay  or  an  adequate  allowance)  are  ensured 
during the pregnancy and maternity leave? 

Yes, and this question was partly dealt with in 5. 1. 2 above. 

In addition to that, according to Articles 13 and 15 of the PADA, a woman on maternity 
leave  shall  be  entitled,  at  the  end  of  her  maternity leave,  to  return  to  her  job  or  to  an 
equivalent position under terms which are no less favourable to her and to benefit from 
any  improvement  in  the  working  conditions.  These  rights  are  also  attributed  to  women 
on childcare leave. The father/adoptive father can also benefit from these rights upon his 
return from leave for raising a child. Those persons also have the right to be trained with 
regard  to  technological  changes  related  to  their  job  which  have  taken  place  in  their 
absence. 

5.2.5 

Is  pay  or  an  allowance  during  the  pregnancy  and  maternity  leave  at  the  same 
level as sick leave or is it higher? 

The  maternity  benefits  during  pregnancy  and  maternity  leave  amount  to  90  %  of  the 
average  remuneration  or  the  average  insurance  income  based  on  which  the  worker  or 
employee contributed to social security or based on which the contribution is due in the 
previous 24 months - Article 49 of the Code of Social Insurance/COSI. It is equivalent to 
the maximum pay for sick leave. 

5.2.6  Are  statutory  maternity  benefits  supplemented  by  some  employers  up  to  the 

normal remuneration? 

Not to my knowledge. 

5.2.7  Are  there  conditions  for  eligibility  for  benefits  applicable  in  national  legislation 

(see Article 11(4) of Directive 92/85)? 

Yes,  according  to  Article  48a  of  COSI,  the  principle  is  that  persons  under  a  labour 
contract who are insured for general sickness and maternity have the right to maternity 
benefits if they have 12 months of insurance contributions for this risk. 

5.2.8 

In  national  law,  is  there  a  provision  that  guarantees  the  right  of  a  woman  to 
return  after  maternity  leave  to  her  job  or  to  an  equivalent  job,  on  terms  and 
conditions  that  are  no  less  favourable  to  her,  and  to  benefit  from  any 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
improvement  in  working  conditions  to  which  she  would  have  been  entitled 
during her absence (see Article 15 of Directive 2006/54)? 

Yes.  Women  on  maternity leave  as  well  as  fathers  on  paternity  and  childcare  leave  are 
explicitly  recognised  as  having  the  right  to  return  to  their  job  or  to  an  equivalent  post 
and  to  benefit  from  improvements  in  working  conditions  -  Articles  13  and  15  of  the 
PADA. 

5.3  Adoption leave 

5.3.1  Does national legislation provide for adoption leave? 

Yes.  Adoptive  mothers  are  entitled  to  the  rights  under  Article  163  paragraph  1  of  the 
Labour  Code,  as  mentioned  above.  In  addition,  a  more  recent  provision  in  the  Labour 
Code:  Article  164b  LC9  has  introduced  a  new  type  of  leave  –  paid  leave  for  raising  an 
adopted child between  two and five years of age. The adoptive mother has the right to 
leave  for  up  to  365  days,  and  after  six  months  from  the  adoption  of  the  child  the 
remainder of this leave can be transferred to the father. 

5.3.2  Did  the  Government  take  measures  to  address  the  specific  needs  of  adoptive 

parents (see Clause 4 of Directive 2010/18)? 

Yes, the special leave for adoptive parents can be considered as such a measure. There 
are no other specific measures in this field. 

5.3.3  Does national legislation provide for protection against dismissal of workers who 
take  adoption  leave  and/or  specify  their  rights  after  the  end  of  adoption  leave 
(see Article 16 of Directive 2006/54)? 

Adoptive  parents  have  the  same  rights  as  persons  on  leave  under  Article  163  and  as 
mothers of children up to three years of age. 

Therefore  Bulgarian legislation  provides  special  protection  for  adoptive  parents  to  some 
extent. 

5.4  Parental leave 

5.4.1  Has Directive 2010/18 been explicitly implemented in your country?  

Yes. The compliance of Bulgarian legislation with Directive 2010/18 was achieved prior to 
the  adoption  of  the  Directive  and  within  the  expiry  of  the  transposition  period.  The 
means of applying the parental leave beyond the minimum standards were also defined 
after that period. Harmonization was made possible mainly through  amendments to the 
Labour Code (LC), and also to the Protection against Discrimination Act (PADA).  Unpaid 
leave for raising a child until he/ she reaches eight years of age was introduced in 2004 
and is regulated in Article 167a LC. After having used the leave for raising a child up to 
the age of two, any of the parents (adopters), if they work under a labour contract, and 
if  the  child has  not  been  placed  in  an institution  with  full  public  support,  upon  request, 
shall  have  the  right  to  make  use  of  unpaid leave  of  up  to  six  months  to  take  care  of  a 
child until he/she reaches eight years of age. The law has introduced the principle of the 
individual right of each parent to use the parental leave of six months’ duratrion since 1 
January  2007,  when  this  leave  became  non-transferable.  After  the  amendments  to  the 
LC  by  S.G.  No.  7/  2012,  upon  the  expiry  of  the  transposition  period  of  the  Directive, 
each of the parents (adoptive parents) can make use of up to five months of the leave of 

9   SG 104/2013, in force since 1 January 2014.  

25 

 
 
 
 
 
 
 
 
 
 
 
 
                                                
the other parent. Therefore the legislation is in compliance with the minimum standards 
set  by  the  Directive.  There  is  no  difference  provided  by  law  in  the  duration  of  parental 
leave in the public and the private sectors.  

5.4.2 

Is  the  national  legislation  applicable  to  both  the  public  and  the  private  sector 
(see Clause 1 of Directive 2010/18)? 

Yes. 

5.4.3  Does  the  scope  of  the  national  transposing  legislation  include  contracts  of 
employment  or  employment  relationships  related  to  part-time  workers,  fixed-
term contract workers or persons with a contract of employment or employment 
relationship with a temporary agency? 

The only requirement is the availability of a labour contract under the Labour Code. 

5.4.4  What is the total duration of parental leave? If the provisions regarding duration 
differ between the public and the private sector, please address the two sectors 
separately.  

The duration is given in 5.4.1. above and there is no difference between the two sectors.  

5.4.5 

Is the right of parental leave individual for each of the parents? 

Yes, this is an individual right of each of the parents.  

5.4.6  What form  can parental leave take (full-time or part-time, piecemeal, or in the 
form of a time-credit system)? Do the various available options allow taking into 
account  the  needs  of  both  employers  and  workers  and  if  so,  how  is  that  done 
(see Clause 3 of Directive 2010/18)? 

The unpaid leave for raising a child up to the age of eight years can be used in parts, the 
minimum  being  five  days.  The  law  does  not  require  a  regular  sequence  in  using  the 
leave, i.e. each parent decides when to use the right to parental leave. The person who 
would like to benefit from the leave has to notify the employer 10 days in advance of the 
planned leave.  The leave is regulated as a  right of the respective parent and has to be 
granted by the employer upon receiving notice thereof. 

5.4.7 

Is  there  a  notice  period  and  if  so,  how  long  is  it?  Does  the  national  legislation 
take sufficient account of the interests of workers and of employers in specifying 
the  length  of  such  notice  periods  and  how  is  that  done?  (see  Clause  3  of 
Directive 2010/18)? 

This is explained in 5.4.6. above. 

5.4.8 

Is  there  a  work  and/or  length  of  service  requirement  in  order  to  benefit  from 
parental leave?  

No. 

5.4.9  Are there situations where the granting of parental leave may be postponed for 

justifiable reasons related to the operation of the organisation? 

Not according to the law. 

5.4.10  Are there special arrangements for small firms? 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Not specifically in the legislation. 

5.4.11  Are  there  any  special  rules/exceptional  conditions  for  access  and  modalities  of 
application of parental leave to the needs of parents of children with a disability 
or a long-term illness? 

Not in the legislation on parental leave. 

5.4.12  Are  there  provisions  to  protect  workers  against  less  favourable  treatment  or 
dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of,  parental  leave 
(see Clause 5 of Directive 2010/18)? 

Yes.  Workers  and  employees  are  protected  against  less  favourable  treatment  and 
dismissal  in  relation  to  an  application  for  or  the  taking  of  parental  leave  through  the 
general  anti-discrimination  provisions  of  the  Labour  Code  (Article  8)  and  the  PADA 
(Article 4) which introduce a prohibition on less favourable treatment, among others,  on 
the ground of family status. 

5.4.13  Do workers benefitting from parental leave have the right to return to the same 
job or, if this is not possible, to an equivalent or similar job consistent with their 
employment contract or relationship? 

In  view  of  the  full  compliance  with  Directive  2010/18/EU,  a  new  Article  167b  has  been 
introduced.10  It  provides  for  the  rights  of  persons  returning  from  leave  under  Articles 
163- 167a LC, including parental leave under the Directive. They can negotiate with their 
employer  on  the  length  and  division  of  their  working  time,  as  well  as  other  conditions 
under the labour contract, in view of facilitating their return to work.  The employer has 
to  take  into  account  the  suggestions  of  those  returning,  if  they  can  be  accommodated. 
The law also provides for the possibility of negotiations and changes to the employment 
conditions during the period of leave. 

Women  on  maternity  leave  as  well  as  fathers  on  paternity  and  childcare  leave  are 
explicitly  recognised  as  having  the  right  to  return  to  their  job  or  to  an  equivalent  post 
and  to  benefit  from  improvements  in  working  conditions  -  Articles  13  and  15  of  the 
PADA. It is not provided for cases of parental leave according to the Directive. We note 
that  Clause  6  of  the  Parental  Leave  Directive  does  not  explicitly  contain  such  a 
requirement. 

5.4.14  Are  rights  acquired  or  in  the  process  of  being  acquired  by  the  worker  on  the 
date  on  which  parental  leave  starts  maintained  as  they  stand  until  the  end  of 
the parental leave? 

Yes,  in  principle,  although  there  is  no  such  requirement  in  the  Directive.  Article  13 
paragraph 3 of the Anti-Discrimination Law provides for the right of the mother who has 
benefited from pregnancy and maternity leave or from leave for child rearing, as well as 
the  father  who  has  benefited  from  the  leave  for  caring  for  the  child  after  his/her  sixth 
month and from other forms of leave for caring for the child, have the right to return to 
the same position or another equivalent job position. The parental leave as regulated in 
the Labour  Code is also considered to be a type  of leave for  caring for  a child between 
two and eight years of age. 

5.4.15  What  is  the  status  of  the  employment  contract  or  employment  relationship  for 

the period of the parental leave? 

10   S.G. No. 7/2012. 

27 

 
 
 
 
 
 
 
 
 
 
 
                                                
This question is similar to the previous two. And the answers are similar, too. 

5.4.16  Is  there  continuity  of  the  entitlements  to  social  security  cover  under  the 

different schemes, in particular healthcare, during the period of parental leave? 

Yes.  

5.4.17  Is parental leave  remunerated by the  employer?  If so, how much and in which 

sectors?  

No, parental leave is unpaid.  

5.4.18  Does the social security system in your country provide for an allowance during 

parental leave? If so, how much and in which sectors? 

No, no allowance is provided. 

5.4.19  In  your  view,  regarding  which  issues  does  the  national  legislation  apply  or 

introduce more favourable provisions (see Clause 8 of Directive 2010/18)? 

In  our  opinion,  the  minimum  standards  of  the  Directive  have  been  formally  met.  The 
problem  is  that  the  existing  regulation  of  the  parental  leave  which  is  understood  as 
unpaid leave for raising a child until he/she reaches eight years of age, as well as other 
related  leave  for  raising  a  child,  are  still  used  predominantly  by  mothers,  which  is  a 
substantive  equality  problem  and  an  uneven  balance  in  family  and  professional  life  for 
both parents.  

The various forms of paid leave for both parents for raising a child until he/she reaches 
two  years  of  age  are  more  favourable  provisions  in  Bulgarian  law.  The  fact  that  the 
unpaid  leave  for  raising  a  child  between  two  and  eight  years  of  age  is  six  months  for 
each parent is also more favourable, compared to the minimum of four months. 

5.5  Paternity leave 

5.5.1  Does national legislation provide for paternity leave? 

Yes. Since 2009, if the parents are married or live together in cohabitation, the father is 
entitled  to  15  days  of  paid  paternal  leave  upon  the  birth  of  his  child  after  the  child  is 
brought home from the hospital (Article 163 LC). Fathers have the same social insurance 
rights  for  this  paternity  leave  and  also  when  they  replace  the  mother  after  the  child’s 
sixth month. 

5.5.2  Does national legislation provide for protection against dismissal of workers who 
take  paternity  leave  and/or  specify  their  rights  after  the  end  of  paternity  leave 
(see Article 16 of Directive 2006/54)? 

Yes.  As  mentioned  above,  according  to  Article  13  paragraph  3  of  the  PADA,  women  on 
maternity  leave  as  well  as  fathers  on  paternity  and  childcare  leave  are  explicitly 
recognised  as  having  the  right  to  return  to  their  job  or  to  an  equivalent  post  and  to 
benefit  from  improvements  in  working  conditions.  Persons  on  leave  under  Article  163 
also  benefit  from  maximum  protection  against  dismissal  under  Article  333  paragraph  6 
LC. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.6  Time off/care leave 

5.6.1  Does  national  legislation  entitle  workers  to  time  off  from  work  on  grounds  of 
force  majeure  for  urgent  family  reasons  in  case  of  sickness  or  accident  (see 
Clause 7 of Directive 2010/18)? 

Yes.  According  to  Article  162  LC,  the  worker  or  employee  has  the  right  to  leave  as  a 
result  of  a  temporary  inability  to  work  due  to  general  sickness  but  also  due  to  the 
sickness of a child or another close relative or spouse, and due to medical examinations 
or other urgent family reasons related to a medical urgency. For this period the worker is 
entitled  to  social  security  benefits  which  amount  to  up  to  70  %  of  his/her  average 
remuneration  during  the  first  three  days  which  are  paid  by  the  employer  and  to  up  to 
80%  for  the  rest  of  the  leave.  The  length  of  this  type  of  leave  is  unlimited  for  urgent 
medical reasons when they pertain to a child, is limited to 60 calendar days in a calendar 
year for taking care of a sick child, and may be up to 10 calendar days in one year for 
taking care of an adult relative. The detailed regulation is provided in Articles 40- 45 of 
the Code on Social Insurance (COSI).  

5.7  Leave in relation to surrogacy 

5.7.1 

Is parental leave available in case of surrogacy?  

No. 

5.8  Leave sharing arrangements 

5.8.1  Does national law provide a legal right to share (part of) maternity leave? 

Yes.  As  mentioned  above,  female  employees  are  entitled  to  pregnancy  and  childbirth 
leave for 410 days for each child, 45 days of which must be used before the birth (Article 
163 LC). A female employee who adopts a child is entitled to leave which is equal to the 
difference between the child’s age when it was given up for adoption and the expiration 
of  the  period  of  the  maternity  leave  of  a  biological  mother.  With  the  consent  of  the 
mother/adopter,  after  the  child  is  six  months  old,  the  father/adopter  may  use  the 
remaining paid leave of up to 410 days, and the paid leave of the mother is interrupted. 
For  the  time  of  this  leave,  the  respective  parent  employee  shall  be  paid  cash 
compensation  under  the  terms  of  and  subject  to  the  amounts  specified  in  the  Social 
Insurance Code.  

Separate  from  this,  since  2009  if  the  parents  are  married  or  live  together  in 
cohabitation, the father is entitled to 15 days of paid paternity leave upon the birth of his 
child,  after  the  child  is  brought  home  from  the  hospital  (Article  163  LC).  In  all  cases, 
both when the child is born and adopted, fathers have the same social insurance rights 
for this paternity leave, also when they replace the mother after the child is six months 
old (this is applicable in all cases after the child reaches the age of six months). 

After  the  leave  for  pregnancy,  childbirth  or  adoption  has  been  used,  if  the  child  is  not 
placed in a childcare establishment, the mother is entitled to additional leave to raise her 
child until he/ she reaches the age of two (Article 164 paragraph 1 of the LC). With the 
consent of the mother (adopter), this leave shall be granted to the father (adopter) or to 
one of their parents if the grandparents work under an employment contract. During this 
leave, the mother (adopter), or the person who has taken over the raising of the child, is 
entitled to maternity benefits under the terms of and subject to the amounts specified in 
the Law on the Budget of the State Social Insurance Scheme.  

There are no explicit provisions allowing the choice of the mother or father to take over 
maternity, paternity and/or parental leave on  a part-time or full-time basis. The size of 

29 

 
 
 
 
 
 
 
 
 
 
 
the  employer  is  irrelevant  when  it  comes  to  the  rules  on  and  the  models  of  sharing 
childcare leave.  

5.8.2 

Is there a possibility for one parent to transfer part of the parental leave to the 
other parent ?  

Yes, as mentioned above in 5. 4. 1., the law has introduced the principle of the individual 
right of each parent to use parental leave of six months since 1 January 2007, when this 
leave  became  non-transferable.  After  the  amendments  to  the  LC  by  S.G.  No.  7/  2012, 
upon  the  expiry  of  the  transposition  period  of  the  Directive,  each  of  the  parents 
(adoptive parents) can use up to five months of the leave of the other parent. 

5.9  Flexible working time arrangements 

5.9.1  Does national law provide workers with a legal right (temporarily or  otherwise) 

to reduce working time on request? 

No, but this can be negotiated with the employer, but only upon their initiative. . 

5.9.2  Does  national  law  provide  workers  with  a  legal  right  to  adjust  working  time 

patterns (temporarily or otherwise) on request? 

Yes,  but  only  upon  the  initiative  of  the  worker  or  employee  but  only  as  a  result  of 
negotiations with the employer. 

5.9.3  Does  national  law  provide  workers  with  a  legal  right  to  work  from  home  or 

remotely (temporarily or otherwise) on request? 

Yes, there is a right to work from home, based on the contract with the employer.  The 
answer  is  the  same  as  the  previous  two  answers.  It  can  only  be  achieved  on  a 
contractual basis. 

Bulgarian law provides for part-time work arrangements. According to Article 138 of the 
Labour  Code  /  LC,  the  parties  to  a  labour  contract  can  agree  on  work  for  part  of  the 
legally defined working time/ part-time work. In such cases they define the duration and 
the distribution of the working time. 

As a matter of principle and as laid down in Article 139 paragraph 2 of the Labour Code, 
the obligatory limits to working time and the means of its calculation are defined by the 
employer.  We  note  that  workers  or  employees  can  only  benefit  from  flexible  working 
time  arrangements  upon  the  initiative  of  the  employer  for  establishing  the  flexible 
working time and outside the obligatory working periods established by the employer. 

Other  flexible  working  arrangements  are  left  to  concrete  agreements  reached  in  the 
labour  contract  between  the  worker  and  the  employer.  Opportunities  which  are 
guaranteed by the law for such arrangements are provided in Article 167bLC which was 
adopted  in  view  of  reaching  full  compliance  with  Directive  2010/18/EU.  It  provides  for 
the rights of persons returning from leave under Articles 163-167a LC: maternity leave, 
paternal  leave,  leave  for  caring  for  a  child  up  to  his/her  second  birthday,  leave  for 
breastfeeding and parental leave, including parental leave under the Directive. They can 
negotiate  with  their  employer  on  the  length  and  organisation  of  their  working  time,  as 
well as other conditions of the labour contract, in view of facilitating their return to work. 
The  employer  has  to  take  into  account  the  suggestions  of  the  returning  parent,  if  they 
can  be  accommodated.  The  law  also  provides  for  the  possibility  for  negotiations  and 
changes to the employment conditions under the employment contract also in the course 
of any of the types of leave regulated under Articles 163-167 LC.  

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
We  note  that  the  size  of  the  employer  is  not  a  qualifying  condition  for  part-time  and 
flexible  working  time  arrangements  provided  by  law.  There  are  no  provisions  explicitly 
allowing maternity leave or parental leave to be taken in the form of part-time working. 
Adopting  part-time  working  arrangements  as  mentioned  above  is  subject  to  the 
conditions  under  the  labour  contract.  Concerning  the  other  forms  of  flexible  working 
arrangements  which  have  been  mentioned,  the  employer  is  obliged  to  consider  the 
request  of the worker/employee and the final arrangements are  subject to negotiations 
and  agreement.  Based  on  that,  it  is  also  logical  to  conclude  that  returning  to  prior 
working  arrangements  is  also  a  question  of  negotiations  between  the  worker  and  the 
employer. There are no measures specifically aimed at encouraging men to make use of 
the legal rights for sharing parental responsibilities. 

The Labour Code allows for arrangements to work from home or remotely as a result of 
the definition of the notion of ‘employer’ in the Additional Provisions of the Labour Code, 
Paragraph 1.1: the term ‘employer’ is associated with any physical or legal person, or its 
branches,  or  any  other  unit  which  is  autonomous  from  an  organizational  and  economic 
point of view, and who/which hires workers and employees independently under a labour 
contract, including homeworkers or workers for distance working, as well as in cases of 
sending  a  worker  or  employee  for  temporary  work  to  another  enterprise,  called  the 
beneficiary. 

Working from home  and remotely  are also regulated in detail in specific sections of the 
LC  dedicated  to  this  type  of  agreements  between  the  parties  under  the  labour  contract 
and the respective arrangements. 

There  are  no  legal  limitations  as  to  the  size  or  type  of  the  employer.  There  are  no 
positive  measures  aimed  at  encouraging  specifically  men  to  work  from  home  or 
remotely. 

Thus  the  regulation  of  flexible  working  agreements  is  left  to  a  great  extent  to 
negotiations between the parties and the individual employment contract. 

5.9.4  Are  there  any  other  legal  rights  to  flexible  working  arrangements,  such  as 
arrangements by which workers can “bank” hours to take time off in the future? 

Not explicitly but with the amendments  to the  LC since July 2015 on new opportunities 
for negotiations on flexible working arrangements, such models might also be possible. 

31 

 
 
 
 
 
 
 
6.  Occupational pension schemes (Chapter 2 of Directive 2006/54) 

6.1  Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational 

social security schemes prohibited in national law? 

We  note  that  from  the  beginning  of  2000,  the  pension  system  in  Bulgaria  consists  of 
three pillars. The model was based on the World Bank’s advice and is different from the 
pillars in the EU countries. The first pillar is the universal social security fund, a ‘pay as 
you  go’  type,  which  is  obligatory  for  persons  in  an  employment  relationship  or  self-
employed persons. The second pillar is a mandatory and fully-funded pension fund with 
defined  contributions  which  are  allotted  to  individual  accounts  run  by  licensed  pension 
insurance  companies.  The  third  pillar  includes  supplementary  voluntary  pension 
schemes. 

In  Bulgaria  there  are  no  second  pillar  pension  schemes  comparable  to  the  type  of 
occupational pension schemes recognised in EU law. Provisions for the establishment of 
occupational pension schemes are contained in the Code for  Social Insurance within the 
third pillar as part of Additional Voluntary Social Insurance - Part III of the COSI. These 
schemes are not yet well developed in Bulgaria. 

Direct and indirect discrimination based on sex is forbidden, first in acceptance into the 
schemes  and  also  in  the  process  of  insurance  under  such  schemes.  Namely,  no 
discrimination based on sex, including discrimination based on marital and family status 
is allowed within the scope of application of the schemes and the conditions for accessing 
them;  the  obligation  to  pay  contributions  and the  calculation  thereof;  the  calculation  of 
retirement payments and other terms of the related rights. 

6.2  Is  the  personal  scope  of  national  law  relating  to  occupational  social 
security  schemes more  restricted  or  broader  than  specified  in  Article  6  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. 

Although compliance cannot be sought, these new schemes being part of the third pillar 
in  Bulgaria,  it  can  be  said  that  additional  voluntary  pension  insurance  is  open  to  all 
physical persons aged 16 and over - Article 210 COSI. In Bulgarian legislation, there are 
no  occupational  social  security  schemes  which  form  part  of  a  second  pillar  of  social 
security, as in the old European Member States. The situation in Bulgaria and other new 
Member  States  has  been  explained  in  many  reports  within  the  framework  of  the 
Network.11 

So compliance with the requested provision cannot be sought and measured.  

6.3  Is  the  material  scope  of  national  law  relating  to  occupational  social 
security  schemes more  restricted  or  broader  than  specified  in  Article  7  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. 

Despite  the  fact  that  compliance  should  not  be  sought,  it  is  worth  mentioning  that  the 
voluntary insurance under the professional schemes of enterprises which are the insurers 
gives  the  right  to  a  fixed-term  pension,  an  ad  hoc  or  postponed  payment  of  the 
accumulated amounts under the individual account, an ad hoc or postponed payment of 
the accumulated amounts to the successors of a deceased insured person or of a retired 
person - Article 212 COSI. 

11   Renga, S., Molnar-Hidassy, D., Tisheva, G. (2010), Direct and Indirect Gender Discrimination in Old-Age 

Pensions in 33 European Countries,  The European Network of Legal Experts in the field of Gender Equality, 
http://www.equalitylaw.eu/downloads/2810-discrimination-old-age-pensions. 

32 

 
 
 
 
 
 
 
 
 
 
 
                                                
6.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  8  of 

Directive 2006/54 been implemented in national law? 

No, as these provisions are not applicable. 

6.5  Are  there  laws  or  case  law  which  would  fall  under  the  examples  of  sex 

discrimination as mentioned in Article 9 of Directive 2006/54?  

No,  as  the  schemes  are  not  of  the  type  provided  under  EU  law  and  they  have  not  yet 
been developed in practice. 

6.6  Is sex used as an actuarial factor in occupational social security schemes?  

No, as in the third pillar the solutions based on the Test-Achats case were adopted. 

6.7  Are  there  specific  difficulties  in  your  country  in  relation  to  occupational 
social security schemes, for example due to the fact that security schemes 
in  your  country  are  not  comparable  to  either  statutory  social  security 
schemes  or  occupational  social  security  schemes?  If  so,  please  explain 
with reference to relevant case law, if any. 

The  differences  and  difficulties  were  explained  above  so  there  is  no  case  law  which  is 
relevant to occupational social security schemes according to the Directive.  

33 

 
 
 
 
 
 
 
 
7. 

Statutory schemes of social security (Directive 79/7) 

7.1  Is the principle of equal treatment for men and women in matters of social 

security implemented in national legislation? 

Yes, in the state social security tier of the first pillar.  Article 3 Code of Social Insurance 
(COSI) states that one of the main guiding principles of the state social security system 
is equality between insured persons, thus also gender equality. 

Statutory social security as a first pillar is formed in Bulgaria by two pillars - state social 
security/first  Bulgarian  pillar,  and  supplementary  obligatory  social  security/second 
Bulgarian pillar or tier. The latter tier is publicly mandated but privately managed. In the 
second  Bulgarian  pillar/tier  of  the  statutory  social  security  scheme  the  insurance 
companies  use  gender-related  actuarial  factors  for  the  different  life  expectancy  of 
women and men. This contradicts the EU law on equality in statutory pensions. 

As the Bulgarian second pillar comprises all women and men born after 1960, inequality 
affects  a  great  number  of  women.  Several  legal  cases  challenging  the  use  of  gender-
related  actuarial  factors  in  contravention  of  EU  law  have  been  brought  before  the 
Supreme Administrative Court. 

7.2  Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 2 of Directive 
79/7? Please explain and refer to relevant case law, if any. 

The personal scope of state social security is in compliance with the Directive.  

According  to  Article  2  of  the  COSI  public  social  insurance  provides  benefits,  allowances 
and pensions for: 

a temporary inability to work;  
a temporarily reduced ability to work;  
disablement;  

1) 
2) 
3) 
4)  maternity;  
5) 
6) 
7) 

unemployment;  
old age; and  
death.  

The  law  differentiates  between  the  benefits  of  persons  insured  against  all  social 
insurance  risks,  those  insured  against  employment  injuries  and  occupational  diseases 
and  persons  insured  against  disablement  by  general  sickness,  old  age  and  death 
(Articles 11-13 COSI). 

Namely, as a matter of principle, Article 4 paragraph 1 COSI provides for the coverage of 
all  risks  for  workers  and  employees,  civil  servants,  judges  and  prosecutors,  and  those 
working on management contracts. Paragraph 3 regulates the circle of persons who are 
insured  for  disablement  due  to  general  illness,  old  age  and  death  -  self-  employed 
persons,  including  agricultural  workers.  Those  persons  can  insure  themselves  also  for 
general illness and maternity. 

According  to  Article  127  COSI  persons  born  after  31  December  1959  are  obliged  to 
contribute to the obligatory supplementary social insurance if they are insured according 
to  the  state  social  insurance  system.  As  a  matter  of  principle,  according  to  Article  124 
this  insurance  is  realised  through  contributions  in  a  universal  pension  fund  by  an 
individual contract with a pension insurance company. Since the end of 2014 the persons 
in question can choose to contribute to supplementary social insurance through the state 
insurance  pension  fund.  Persons  already  contributing  through  private  companies  can 

34 

 
 
 
 
 
 
 
 
 
 
 
discontinue  their  contract  and  transfer  their  supplementary  insurance  to  the  state 
insurance  fund.  Legislation  on  the  specific  procedure  for  these  changes  is  yet  to  be 
adopted. 

7.3  Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes more restricted or broader than specified in Article 3 par. 1 and 2 
of Directive 79/7? Please explain and refer to relevant case law, if any. 

Yes. The material scope and risks covered were mentioned above in Article 2 COSI. 

7.4  Have  the  exclusions  from  the  material  scope  as  specified  in  Article  7  of 
Directive  79/7  been 
law?  Please  explain 
(specifying to what extent the exclusions apply) and refer to relevant case 
law, if any. 

implemented 

in  national 

Yes,  the  main  exclusion  implemented  in  Bulgarian  legislation  is  the  difference  in  the 
pensionable age of men and women. This difference has been subject to a regular review 
and revision by the government. Currently, according to Article 68 COSI, women acquire 
the right to a pension upon attaining the age of 60 years and 10 months and men at 63 
years and 10 months,  provided there are insured periods of 35 years and  2 months for 
women and 38 years and 2 months for men. Starting on 31 December 2016 up until 31 
December  2029  the  pensionable  age  for  women  will  increase  by  two  months  every 
calendar year and from 1 January 2030 by three months per year until the age of 65 is 
reached.  For  men  the  scheme  is  as  follows:  from  31  2016  until  31  December  2017  the 
pensionable age for men will increase by two months, and from 1 January 2018 by one 
month per calendar year the age of 65 is reached. As for the insurance periods, from 31 
December  2016  the  insurance  period  will  increase  by  two  months  for  both  men  and 
women,  until  37  years  is  reached  for  women  and  40  years  for  men.  These  provisions 
entered into force on 1 January 2016.  

The  difference  in  the  pensionable  age  is  allowed  by  EU  standards  but  the  equalisation 
thereof  is  currently  a  focus  in  EU  policy.  Despite  this,  lower  and  different  pensionable 
ages are justified in Bulgaria due to the hardships of the transition and the heavy burden 
on  a  generation  of  working  people  during  this  period.  The  initial  increase  in  the 
pensionable age for women since the transition (this age used to be 55 years) is already 
very  abrupt  for  the  generation  who  lived  under  the  difficult  transition  period.  The  still 
very  high  level  of  youth  unemployment  is  another  reason  for  maintaining  this 
pensionable age. 

In our opinion, the difference in the pensionable age for men and women as well as the 
lower pensionable age in Bulgaria compared to some EU countries is still justified. 

7.5  Is sex used as an actuarial factor in statutory social security schemes?  

Yes.  This  practice  which  contradicts  Council  Directive  79/7  on  the  principle  of  equal 
treatment  of  men  and women  in  social  security  was  reported  to  the  EU  Commission  by 
the  Bulgarian  Gender  Research  Foundation  and  it  is  an  issue  of  concern  also  for  the 
Commission  in  the  pending  EU  Pilot  6013/14/JUST.  In  parallel,  this  practice  has  been 
systematically  challenged  and  brought  before  the  Supreme  Administrative  Court  during 
the  last  three  years  by  a  group  of  Bulgarian  women  born  after  December  1959.  These 
arguments have also been raised in case C-318/13 (Korkein hallinto-oikeus v. Finland). 
All procedures are still pending at the time of writing.  

Our opinion is that the changes in the second Bulgarian pillar allowing a choice between 
contributing  to  the  statutory  social  security  system  or  to  the  private  pension  funds 
mentioned above were maybe provoked, among other things by the problem of the use 
of gender-sensitive actuarial factors by the private pension funds, and the fact that they 

35 

 
 
 
 
 
 
 
 
 
have  been  challenged  by  women  and  the  CSO  before  the  courts  and  the  European 
Commission.   

Our  opinion  is  that  the  step  mentioned  above  is  an  attempt  to  cover  a  number  of 
problems in the functioning of this second pillar and of the insurance system as a whole. 
As to the issue of the use of gender-sensitive actuarial factors by the private insurance 
companies which are part of the supplementary mandatory  social security scheme, this 
is  still  ongoing  practice,  although  the  court  cases  are  pending,  as  well  as  the  EU  pilot 
study.  We  think  that  even  if  there  is  a  choice  for  insured  persons  as  to  where  to 
contribute for this pillar, private insurance companies should not be allowed to use such 
actuarial factors anyway. 

7.6  Are  there  specific  difficulties  in  your  country  in  relation  to  implementing 
Directive 79/7? For example due to the fact that security schemes in your 
country are not comparable to either statutory  social  security  schemes or 
occupational social security schemes? If so, please explain with reference 
to relevant case law, if any. 

The  fundamental  differences  and  difficulties  are  rooted  in  the  different  three-pillar 
system  in  Bulgaria.  As  explained  above,  the  second  Bulgarian  pillar  is  part  of  the 
statutory  social  security  system.  We  do  not  have  professional  pension  schemes  of  the 
type  recognized  as  belonging  to  second  EU  pillar.  So  it  is  initially  impossible  for  the 
Bulgarian legislation to be in compliance with the EU standards in thIS field.  

36 

 
 
 
8. 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  Has Directive 2010/41/EU been explicitly implemented in national law? 

Yes.  The  transposition  was  realised  through  amendments  to  the  Protection  against 
Discrimination Act (PADA), namely amendments by Articles 7 Paragraph 1 Point 19, and 
Article  37  Paragraphs  2  and  3,  as  well  as  Paragraph  1  Points  1  and  2  and  5  of  the 
Additional  Provisions  to  the  Law.  The  amendments  in  Article  7  introduce  an  additional 
exception  when  differential  treatment  is  not  deemed  discriminatory:  in  cases  of  the 
differential  treatment  of  persons  when  taking  measures  aimed  at  initiatives  exclusively 
and  mainly  promoting  entrepreneurship  among  women  in  instances  of  their  under-
representation  or  for  overcoming  and  compensating  for  disadvantages  in  their 
professional career. The provision  in Article 37 Paragraph 2 prohibits any discrimination 
based  on  any  of  the  grounds  of  Article  4  Paragraph  1  of  the  Law  in  the  public  or  real 
(economic)  sector,  direct  or  indirect,  in  relation  to  conducting  an  economic  activity, 
including  the  establishment,  equipment  or  expansion  of  an  economic  activity  or  in 
relation to starting or expanding any other form of such activity. The new Paragraph 3 of 
Article  37  prohibits  any  harassment  or  sexual  harassment  within  the  framework  of  the 
activities mentioned above. 

It  is  worth  mentioning  the  already  existing  Article  26  of  the  PADA  which  provides  for 
equal  conditions  for  access  to  a  profession  or  an  activity,  for  opportunities  to  exercise 
the activity or profession and for development in this sphere. It covers the scope of the 
equal  treatment  principle  enshrined  in  Article  4(1)  of  Directive  2010/41/EU:  the 
establishment, equipment and extension of a business or the launching or expansion of 
any  other  form  of  self-employed  activity,  despite  the  different  wording  of  the  two 
provisions.  The  other  provisions  which  were  amended  in  view  of  compliance  with  the 
Directive  are  those  in  Article  4  of  the  Code  on  Social  Insurance  (COSI),  which  enhance 
the insurance rights of persons covered by the Directive.  

8.2  What  is  the  personal  scope  related  to  self-employment  in  national 
legislation?  Has  your  national 
law  defined  self-employed  or  self-
employment?  Please  discuss  relevant  legislation  and  national  case  law 
(see Article 2 Directive 2010/41/EU) 

Bulgarian  law  does  not  contain  a  legal  definition  of  self-employed  persons,  only  a 
definition of different groups of the self-employed for the purposes of social security law. 
In fact, in addition to the list of self-employed persons mentioned above with reference 
to  the  reports  of  trade  unions,  the  COSI  and  related  regulatory  Acts  mention  different 
categories  of  such  persons.  For  example,  Article  4  of  the  COSI  mentions  the  following 
categories:  persons  registered  for  performing  freelance  activities  and  crafts;  persons 
exercising  commercial  activities,  single  owners  of  companies,  owners  or  associates  in 
trading  companies;  registered  agricultural  and  tobacco  producers;  and  the  spouses  of 
the categories of persons mentioned above when they participate in their activities with 
their consent. 

In  the  Regulation  on  social  insurance  for  self-employed  persons,  Bulgarian  citizens 
working  abroad  and  those  involved  in  maritime  activities,  the  group  of  freelancers  is 
further  specified  and  can  non-exhaustively  comprise  those  performing  the  following 
types  of  activities:  based  on  preliminary  registration,  legally  required  notaries  public, 
attorneys-at-law,  accountants,  licensed  evaluators,  experts  at  the  courts  and  the 
prosecutor’s  office,  medical  experts,  insurance  agents;  activities  for  which  they  are 
obliged to pay patent tax, without being single company owners; when the professional 
activity  is  conducted  at  their  own  risk  and  on  their  own  account;  scientists;  experts  in 
the field of culture and education; architects; economists; journalists; and other persons 
performing a freelance activity, when they are duly registered. 

37 

 
 
 
 
 
 
We would like to note that these provisions of the regulation  already existed before the 
adoption of the new Directive and this regulatory Act was not amended for the purpose 
of harmonisation. In terms of rights as self-employed persons, all categories are treated 
equally,  including  freelancers,  agricultural  producers,  small  business  operators,and 
others. 

8.3  Related  to  the  personal  scope,  please  specify  whether  all  self-employed 
workers  are  considered  part  of  the  same  category  and  whether  national 
legislation recognises life partners. 

As  mentioned  above,  self-employed  workers  are  included  in  this  category,  as  well  as 
agricultural workers.  The status  of life partners is not explicitly regulated in this sphere 
or in any other sphere. In terms of social security, the COSI only mentions contributing 
spouses as subjects of insurance rights. 

8.4  How has national law implemented Article 4 Directive 2010/41/EU? Is the 
material  scope  of  national  law  relating  to  equal  treatment  in  self-
employment  more  restricted  or  broader  than  specified  in  Article  4 
Directive 2010/41/EU? 

Article  4  has  been  correctly  transposed  in  Bulgarian  legislation,  firstly  through  the 
existing provision in Article 26 of the PADA which provides for equal conditions for access 
to a profession or an activity, for opportunities to exercise the activity or profession and 
for  development  in  this  sphere.  In  addition,  the  equal  treatment  principle  is  ensured 
through  the  new  provision  in  Article  37  Paragraph  2  PADA  which  prohibits  any 
discrimination based on one of the grounds of Article 4 Paragraph 1 of the PADA in the 
public or real (economic) sector, direct or indirect, in relation to conducting an economic 
activity, including the establishment, equipment or expansion of an economic activity or 
to the undertaking or expansion of any other form of such activity. 

We  would  like  to  note  that  the  provision  in  Article  26  is  broader  and  also  covers  the 
requirements of Article 14(1)(a) of Directive 2006/54/EC. 

8.5  Has your State taken advantage of the power to take  positive  action (see 
Article  5  Directive  2010/41/EU)?  If  so,  what  positive  action  has  your 
country taken? In your view, how effective has this been? 

As mentioned above, the amendment in Article 7 Paragraph 1 Point 19 PADA introduces 
additional  positive  action  aimed  at  initiatives  exclusively  and  mainly  promoting 
entrepreneurship among women in cases of their under-representation or for overcoming 
and compensating for disadvantages in their professional career. 

No specific real positive action in the implementation of this provision has been taken. 

8.6  Does  your  country  have  a  system  for  social  protection  of  self-employed 

workers (see Article 7 (Directive 2010/41/EU)? 

Yes.  According  to  Article  4  Paragraph  3  of  the  COSI,  the  coverage  for  disability  due  to 
general  illness,  for  old  age  and  death  is  mandatory  for  the  following  categories  of 
persons:  1.  persons  registered  as  freelancers  or  craftspersons;  2.  persons  exercising 
trade  activities,  company  owners,  and  associates  in  a  trading  company;  3.  registered 
agricultural and tobacco producers. These persons can insure themselves voluntarily for 
the risks of general illness and maternity. 

Article  4  Paragraph  9  of  the  COSI,  amended  in  view  of  harmonisation  with  Directive 
2010/41/EU,  regulates  voluntary  insurance  for  spouses  of  the  self-employed  persons 
mentioned  above.  As  a  matter  of  principle,  the  spouses  of  the  persons  mentioned  in 

38 

 
 
 
 
 
 
 
 
 
 
 
Points  1  and  4  (persons  registered  as  freelancers  or  craftspersons;  and  registered 
agricultural  and  tobacco  producers),  when  with  their  consent  they  participate  in  the 
activities of these persons, they can be registered voluntarily for disability due to general 
illness,  old  age  and  death,  as  well  as  for  general  illness  and  maternity,  if  they  are  not 
already insured on other grounds. 

The  insurance  contributions  for  the  spouses  of  the  persons  mentioned  in  Point  1  of 
Article 4(3) of the COSI are based on the minimum insurance income for self-employed 
persons, defined by the Law on the Budget of the State Social Security Scheme, and the 
contributions for the spouses of registered agricultural and tobacco producers are based 
on  the  minimum  insurance  income  for  agricultural  producers,  defined  explicitly  in  the 
same Law. 

The  concrete  procedure  for  the  insurance  of  self-employed  persons  is  regulated  by  the 
Regulation  on  social  insurance  for  self-employed  persons,  Bulgarian  citizens  working 
abroad and those involved in maritime activities  

Voluntary  social  security  pension  schemes  exist  according  to  the  COSI  (Part  III  of  the 
Code) and they are open to everyone  who is in a position to pay the contributions. The 
insurance  in  companies  and  funds  for  supplementary  voluntary  insurance  is  individual. 
This insurance gives the right to an individual pension for age  or disability,  a survivor’s 
pension, etc. 

8.7  Has  Article  8  Directive  2010/41/EU  regarding maternity  benefits  for  self-

employed been implemented in national law?  

Yes.  The  protection  of  pregnancy  and  maternity  regarding  self-employed  persons  and 
assisting  spouses/life  partners  is  in  compliance  with  the  requirements  of  the  Directive 
both in terms of opportunities and minimum coverage. In fact the self-employed women 
in  these  categories  who  are  insured  for  general  illness  and  maternity,  according  to  the 
conditions mentioned above, have the right to maternity benefits which amount to 90 % 
of their average gross remuneration. The condition for the self-employed is to have paid 
contributions  for  these  risks  for  at  least  24  months  preceding  the  month  when  the 
temporary inability to work occurs. 

No  system  of  existing  services  supplying  temporary  replacements  or  existing  national 
social services is available also for the self-employed and their contributing partners. 

8.8  Has national law implemented the provisions regarding occupational social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? 

Yes.  Although  an  occupational  social  security  scheme  is  part  of  another  pillar  according 
to  Bulgarian  law,  different  from  the  second  pillar  referred  to  in  the  Recast  Directive, 
voluntary  social  security  pension  schemes  exist  according  to  the  COSI  (Part  III  of  the 
Code) and they are open to everyone  who is in a position to pay the contributions. The 
insurance  in  companies  and  funds  for  supplementary  voluntary  insurance  is  individual. 
This insurance gives the right to an individual pension for age  or disability,  a survivor’s 
pension, etc. 

8.9  Has  national  law  made  use  of  the  exceptions  for  self-employed  persons 
regarding  matters  of  occupational  social  security  as  mentioned  in  Article 
11  of  Recast  Directive  2006/54?  Please  describe  relevant  law  and  case 
law. 

As mentioned above, these provisions, especially with regard to self-employed persons, 
are  not  applicable  to  the  Bulgarian  situation.  As  mentioned  above  in  the  section  on 

39 

 
 
 
 
 
 
 
 
 
 
compliance  with  the  requirements  of  Directive  2006/54  concerning  occupational  social 
security schemes, these types  of occupational social security schemes which are typical 
for  the  older  Member  States  are  not  typical  for  Bulgarian  legislation.  So  no  compliance 
and exceptions relating to this type of scheme can be found. 

8.10 Is  Article  14(1)(a)  of  Recast  Directive  2006/54  implemented  in  national 

law as regards self-employment? 

Yes, as was mentioned above thhrough Article 26 PADA. 

40 

 
 
 
9.  Goods and services (Directive 2004/113) 

9.1  Does national law prohibit direct and indirect discrimination on grounds of 

sex in access to goods and services? 

Yes.  Article  37  of  PADA  prohibits  any  refusal  to  supply  goods  or  services  and  to  supply 
lower  quality  goods  or  services,  or  their  supply  under  less  favourable  conditions,  based 
on the discrimination grounds defined in the law.  

9.2  Is  the  material  scope  of  national  law  relating  to  access  to  goods  and 
services more restricted or broader than specified in Article 3 of Directive 
2004/113? Please explain and refer to relevant case law, if any. 

The material scope of the national law has broader material scope than the one specified 
in Article 3 of the Directive. No sphere is explicitly excluded so the law also applies to the 
content of the media and advertisements, and to education. Article 35 PADA requires the 
application of methods aimed at the elimination of gender stereotyping in education and 
training. Educational institutions are obliged to include gender equality education. 

The  case  law  of  the  Commission  for  Protection  from  Discrimination  has  explicitly 
confirmed the application of the  equal treatment principle also in the field of the media 
and advertisements.  

Nevertheless, some extreme cases of sexist advertisements brought before this equality 
body  were  not  properly  dealt  with  by  this  institution.  The  outcomes  were  as  follows: 
either  the  equality  body  deferred  the  case  to  other  institutions  (e.g.  the  Council  for 
Electronic Media), or  it suggested that the cases are rather for the self-regulatory body 
on advertisements (established by businesses in 2010). Thus the institution dealing with 
discrimination refused to examine the cases through discrimination lenses. The only case 
where the equality body issued a decision was the case against Peshtera anisette where 
the outcome was negative for the women complainants.12 The arguments that it is rather 
a  moral  issue  and  that  no  discrimination  was  proved  was  upheld  until  the  court  of  last 
instance - the Panel of five judges of the Supreme Administrative Court.13 

As  a  matter  of  fact,  in  September  2008,  13  women  brought  a  complaint  of  sex 
discrimination  against  a  series  of  advertisements  by  Peshtera  anise  aperitif,  together 
with  the  producer  the  joint  stock  company  ‘Vinprom  Peshtera.’  They  were  entitled 
‘Passion  in  Crystals’  and  ‘The  Season  of  Watermelons’  and  were  notoriously  famous  for 
their  television,  printed  media  and  billboard  versions.  The  ads  displayed  the  ‘chalga’  (a 
Bulgarian  music  genre  often  referred  to  as  pop-folk)  singer  Galena  wearing  a  skimpy 
bathing  suit  patterned  with  watermelon  motifs  over  her  breasts.  The  ads  are  aimed  at 
encouraging men to drink anise aperitif with watermelon. The woman and her body are 
directly connected with the accessibility and pleasure gained from alcohol, summer and a 
slice of watermelon.  

This  case  was  brought  against  the  producer,  the  advertisement  agency,  the  media  and 
all  who  were  related  to  the  dissemination  of  the  advertisement  before  the  Commission 
for  Protection  against  Discrimination  also  with  the  support  of  the  Bulgarian  Gender 
Research  Foundation.  The  procedure  for  adjourning  the  first  hearing  was  unusually 
lengthy and contradictory and it took ten months for the Commission to start considering 
the  case.  The  complainants  were  not  provided  with  timely  information  by  the 
Commission and some of them were even unofficially advised to abandon this impossible 
cause and to drop the case. No support was provided to the women despite the explicit 

12   Judgment No. 201 from 15 September 2010 on case file 217/2008. 
13   Judgment 3616 from 13 March 2012 on case file 12183/2011. 

41 

 
 
 
 
 
 
 
 
                                                
provision for this in the law.14 The complainants were obliged  – by the members  of the 
panel of the CPD, ex officio, and without any request from the respondents  - to explain 
repeatedly  and  one  by  one  how  they  felt  when  they  saw  these  ads  and  why  they  felt 
discriminated  against.  Despite  the  explicit  message  in  the  ads,  the  explanations  by  the 
women and four detailed experts’  opinions, most of them in favour  of  the claim, at the 
end  of  2010  the  Commission  found  that  no  evidence  of  prima  facie  discrimination  was 
available,  and  subsequently  there  was  no  sex  discrimination  in  this  case.  It  has  to  be 
noted  that  one  of  the  expert  opinions  solicited by  the  Commission  was  by  a  sexologist, 
as if there was something wrong with the perceptions and sexual lives of the women who 
complained. This decision, subsequently appealed by the women, was confirmed by the 
Supreme  Administrative  Court  with  a  decision  in  June  2011.15  The  court  confirmed  the 
decision of the Commission and added that there was no empirical evidence that the ads 
affected  the  majority  of  women  in  Bulgaria  and  that  the  13  women  cannot  be 
representative  of  women  in  Bulgaria.  They  were  maybe  too  sensitive  to  the  ads.  The 
court  said  that  the  reference  to  international  instruments,  and  namely  to  CEDAW,  was 
not  relevant  for  the  court,  as  only  the  government  but  not  the  judiciary  was  bound  by 
the international human rights instruments. We note that in this case the court refused 
to  take  into  account  not  only  international  norms  but  any  norms  regulating 
discrimination  and  human  rights  by  saying  that  it  is  a  problem  which  lies  outside  the 
scope of the law, a moral problem, raised through a subjective opinion. 

Upon  appeal,  a  final  judgement  on  this  case  was  issued  by  the  special  panel  of  the 
Supreme  Administrative  Court  on  13  March  2012.  It  held  that  prima  facie  sex 
discrimination  could  not  be  proved.  As  to  the  gender  stereotypes,  the  Court  refused  to 
deal with them as a source of such discrimination with the  ‘historic’ argument: ‘…It has 
been  a  just  and  lawful  assumption  by  the  Commission  that  these  are  issues  from  the 
area  of  esthetics,  ethics,  psychology  and  social  science,  and  namely  of  a  type  of  sub-
culture,  which  issues  have  a  philosophical  dimension,  which  are  characteristic  of  the 
state  of  society  at  the  given  historical  moment  and  cannot,  and  could  not,  be  solved 
within the limited factual frame of a concrete legal case.’ 

It is important to note at this stage that experts and women’s NGOs are convinced that 
the  decisions  of  the  equality  body  and,  respectively,    the  court,  which  are  in  fact  in 
favour  of  the  corporate  sector,  are  also  due  to  the  fact  that  the  media  and  advertising 
sectors  are  excluded  from  the  scope  of  the  Directive.  So  no  obligations  and  sanctions 
derive  for  the  government  and  private  actors  in  this  sphere.  This  situation  has  been 
particularly harmful for  Bulgarian women as gender  stereotypes  and the role of women 
primarily  as  sex  objects  were  broadly  reinforced  and  disseminated  on  a  very  large 
scale.16 

This first case on sex discrimination in advertisements, although unsuccessful, influenced 
the  further  practice  of  the  equality  body  concerning its  arguments  and  the  Commission 
also  took  positive  decisions  condemning  discrimination  not  in  advertisements  but  in 
relation to the content of  the media. For example,  at the end of 2014, the Commission 
issued a decision against a journalist for a sexist expression in an Internet article.17 

14   According to Article 47 paragraph 9 of the Anti-Discrimination Act, the Commission provides independent 

support to victims of discrimination in the process of filing complaints against discrimination.   

15   Judgment No. 12450/2010. 
16   Important research in this field is the following study: Gender Stereotyping - a pervasive and overlooked 
source of Discrimination against Women in Bulgaria- (2012), Special Alternative Report to the 4th, 5th, 6th 
and 7th governmental report for the 52nd session of CEDAW Committee /9-27 July. Available at 
http://eige.europa.eu/rdc/library/resource/dedupmrg19579621  and also at 
http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/BGRF_for_the_session_en.pdf  

17   Judgment of the Commission for Protection from Discrimination from 18 December 2014 - www.kzd-

nondiscrimination.com/. 

42 

 
 
 
 
                                                
As condemning an individual journalist is much easier for the Commission, we think that 
the  reactions  of  the  equality  body  are  not  balanced  as  it  would  not  have  applied  the 
same  standard  to  a  corporate  actor  whose  discriminatory  acts  are  detrimental  to 
citizens. 

9.3  Have the exceptions from the material scope as specified in Article 3(3) of 
Directive  2004/113,  regarding  the  content  of  media,  advertising  and 
education, been implemented in national law? 

No. 

9.4  Have  differences  in  treatment  in  the  provision  of  the  goods  and  services 
been  justified  in  national  law  (see  Article  4(5)  of  Directive  2004/113)? 
Please provide references to relevant law and case law. 

Since the end of 2007, Article 7 paragraph 1 p. 18 of the Anti-Discrimination law allows 
differential treatment in the provision of goods and services in accordance with EU law – 
when the provision of goods and services exclusively or primarily to members of one sex 
is justified by a legitimate aim and the means of achieving that aim are appropriate and 
necessary.  

9.5  Does national law ensure that the use of sex as a factor in the calculation 
of  premiums  and  benefits  for  the  purposes  of  insurance  and  related 
financial  services  shall  not  result  in  differences  in  individuals'  premiums 
and benefits (see Article 5(1) of Directive 2004/113)? 

Yes.  Article  246  paragraph  3  of  the  COSI  ensures  that  sex  will  not  be  used  as  an 
actuarial  factor  in  the  calculation  of  pension  benefits  in  the  third  pillar  -  the 
supplementary voluntary social insurance scheme. 

9.6  How  has  the  exception  of  Article  5(2)  of  Directive  2004/113  been 
interpreted in your country? Please report on the implementation of the C-
236/09 Test-Achats ruling in national legislation. 

The Test–Achats ruling resulted in amendments related to the use of sex as an actuarial 
factor  in  the  field  of  insurance  and  in  the  area  of  supplementary  voluntary  pension 
insurance.  The  provisions  of  the  two  codes  were  changed,  respectively  the  Insurance 
Code (Article 65a) and the Social Insurance Code (Article 246 paragraph 3). The use of 
sex  as  an  actuarial  factor  was  prohibited  for  all  contracts  concluded  after  20  December 
2012.  For  contracts  concluded  up  to  20  December  2012,  the  insurers  may  continue  to 
include  such  factors  if  they  use  reliable  and  regularly  updated  statistical  information, 
which  is  publicly  available,  and  from  which  the  determining  importance  of  gender  is 
obvious. 

9.7  Has your country adopted positive action measures in relation to access to 
and  the  supply  of  goods  and  services  (see  Article  6  of  Directive 
2004/113)? 

No. 

9.8  Are there specific problems of discrimination on the grounds of pregnancy, 
maternity  or  parenthood  in  your  country  in  relation  to  access  to  and  the 
supply of goods and services? Please briefly describe relevant case law. 

No. 

43 

 
 
 
 
 
 
 
 
 
 
 
 
10.  Violence  against  women  and domestic violence  in  relation to  the Istanbul 

Convention 

10.1 Has your country ratified the Istanbul Convention? 

No. There is strong civil society pressure to sign and ratify the Convention.18 There is no 
specific  debate  in  Parliament,  though.  Bulgaria  is  still  among  the  few  countries  which 
have  not  even  signed  the  Istanbul  Convention  /IC.  Among  the  reasons  advanced  are 
financial  reasons  as  the  State  realizes  that  ratification  will have  budgetary  implications. 
Among  other  reasons,  according  to  civil  society  experts,  is  the  lack  of  compliance  of 
Bulgarian legislation  with  the  standards  of  the  IC.  The  main  problematic  fields  are:  the 
concept of  rape in Bulgarian law which is not in compliance with the main standards of 
the CoE – based on the concept of a lack of consent; the notion of rape in Bulgarian law 
is  an  act  against  the  sexual  integrity  of  women  only;  the  majority  of  criminal  acts  of 
domestic violence are prosecuted as crimes of a private nature and a complaint from the 
victim is required; there is no criminalization of acts like stalking; there is no system in 
place for continuous support to be provided to active and relevant NGOs working in the 
field;  there  is  no  explicit  legislation  on  gender  equality,  and  no  special  policy 
encompassing all forms of VAW and GBV; no effective mechanism of integrated policies 
against VAW and DV, and others.   Currently, we have information that a governmental 
review of the compliance of legislation is intended. This review, according to the informal 
information  received,  should  have  been  carried  out  some  time  ago  and  it  is  explained 
that  the  lack  of  such  an  official  review  is  an  obstacle  for  signing  and  ratifying  the 
Convention  by  Bulgaria.  There  is  no  information  on  the  status  of  this  process.  We  note 
that  the  review,  which  is  very  much  delayed,  cannot  be  a  valid  reason  for  the 
government as since 2011 the CSOs have been exerting pressure on the government to 
work  on  the  needed  amendments  and  have  offered  their  cooperation,  but  this  has  not 
been done yet. 

The hope is that the current Bulgarian Presidency of the Council of Ministers of the CoE 
will finally speed up the process of the ratification of the IC. 

18  http://bgrf.org/articles/%D1%80%D0%B0%D1%82%D0% 

B8%D1%84%D0%B8%D1%86%D0%B8%D1%80%D0%B0%D0%BD%D0%B5%D1%82%D0%BE-
%D0%BD%D0%B0-
%D0%B8%D1%81%D1%82%D0%B0%D0%BD%D0%B1%D1%83%D0%BB%D1%81%D0%BA%D0%B0
%D1%82%D0%B0-
%D0%BA%D0%BE%D0%BD%D0%B2%D0%B5%D0%BD%D1%86%D0%B8%D1%8F-
%D1%89%D0%B5-%D0%B7%D0%B0%D1%89%D0%B8%D1%82%D0%B8-
%D0%BF%D1%80%D0%B0%D0%B2%D0%B0%D1%82%D0%B0-%D0%B8-%D0%BD%D0%B0-
%D0%B4%D0%B5%D1%86%D0%B0%D1%82%D0%B0-
%D0%B6%D0%B5%D1%80%D1%82%D0%B2%D0%B8-%D0%BD%D0%B0-
%D0%BD%D0%B0%D1%81%D0%B8%D0%BB%D0%B8%D0%B5-494. 
http://www.alliancedv.org/articles/%D1%80%D0%B0%D1%82%D0%B8%D1%84%D0%B8%D1%86%D0
%B8%D1%80%D0%B0%D0%BD%D0%B5%D1%82%D0%BE-%D0%BD%D0%B0-
%D0%B8%D1%81%D1%82%D0%B0%D0%BD%D0%B1%D1%83%D0%BB%D1%81%D0%BA%D0%B0
%D1%82%D0%B0-
%D0%BA%D0%BE%D0%BD%D0%B2%D0%B5%D0%BD%D1%86%D0%B8%D1%8F-
%D1%89%D0%B5-%D0%B7%D0%B0%D1%89%D0%B8%D1%82%D0%B8-
%D0%BF%D1%80%D0%B0%D0%B2%D0%B0%D1%82%D0%B0-%D0%B8-%D0%BD%D0%B0-
%D0%B4%D0%B5%D1%86%D0%B0%D1%82%D0%B0-
%D0%B6%D0%B5%D1%80%D1%82%D0%B2%D0%B8-%D0%BD%D0%B0-
%D0%BD%D0%B0%D1%81%D0%B8%D0%BB%D0%B8%D0%B5-398. 
https://www.facebook.com/1531137970358869/photos/a.1532090413596958.1073741828.153113797035
8869/1605640609575271/?type=3&theater. 
https://www.facebook.com/hotfmmackay/videos/1074463939237843/. 

44 

 
 
 
 
                                                
 
11.  Enforcement  and  compliance  aspects  (horizontal  provisions  of  all 

directives)  

11.1 Victimisation 

11.1.1  Are  the  provisions  on  victimisation  implemented  in  national  legislation  and 

interpreted in case law?  

Yes.  Victimisation  is  considered  to  be  discrimination,  according  to  Article  5  of  the  Anti- 
Discrimination  Law.  Persons  who  have  or  are  supposed  to  have  instigated  an  action 
against  discrimination,  or  those  who  intend  to  instigate  such  an  action,  are  explicitly 
protected  against  discrimination.  Persons  related  to  such  persons  are  also  protected. 
Persons  who  have  refused  to  discriminate  are  also  protected  from  victimisation.  This  is 
according to the definition provided in the Additional provisions of the law - Paragraph 1 
p. 3. 

11.2 Burden of proof 

11.2.1  Does  national  legislation  and/or  case  law  provide  for  a  shift  of  the  burden  of 

proof in sex discrimination cases? 

Yes,  currently  the  provision  on  the  burden  of  proof  corresponds  with  EU  standards, 
including  the  case  law.  Until  recently,  Article  9  of  the  PADA  was  not  in  full  compliance. 
Until  March  2015,  in  the  procedure  for  protection  against  discrimination  persons  who 
considered themselves to be victims of discrimination had to prove (instead of merely to 
establish)  facts  from  which  it  may  be  presumed  that  there  has  been  discrimination 
(Article 9). Then the burden of proof falls upon the respondent and he/she has to prove 
that there has been no breach of the principle of equal treatment. Based on the practice 
regarding cases  of discrimination on the ground of  sex from before the amendment, as 
in the above-mentioned case against the ‘Peshtera’ company (case file 217/2008), it can 
be  concluded  that  the  lack  of  full  compliance  in  the  definition  of  the  burden  of  proof 
posed very high requirements, especially for women who claimed sex discrimination.  

11.3 Remedies and Sanctions  

11.3.1  What  types  of  remedies  and  sanctions  (e.g.  compensation,  reinstatement, 
criminal  sanctions,  administrative  fines  etc.)  exist  in  your  country  for  breaches 
of EU gender equality law? Please specify the applicable legislation. 

Upon  finding  a  discriminatory  act,  the  Commission  has  the  power  to  impose  coercive 
administrative  measures  and  penal  administrative  sanctions.  Coercive  administrative 
measures are imposed according to Article 76 of the PADA and include: obligatory orders 
to employers or other staff to discontinue the breaches of the law and the discrimination 
practices,  as  well  as  impeding  the  enforcement  of  unlawful  decisions  and  orders  of  the 
employer that might lead to discrimination. Penal administrative sanctions are regulated 
in Articles 78-82 of the law and amount to fines and pecuniary sanctions for legal entities 
for  identified  acts  of  discrimination  and  breaches  of  the  Anti-Discrimination  Law  -  the 
basic  sanctions  ranging  from  BGN  250  (around  EUR  130)  to  BGN  2000  (around  EUR 
1000  EURO).  Increased  sanctions  are  provided  for  repeated  acts  of  discrimination,  and 
also for non-compliance with the decisions of the Equality body. 

The  decisions  of  the  Commission  can  be  appealed  before  the  Supreme  Administrative 
Court. 

Discrimination  cases  can  be  brought  before  the  Commission  or  before  the  courts  but 
compensation  can  only  be  ordered  by  the  civil  courts  when  an  act  of  discrimination  is 
identified  -  Article  71  paragraph  1  p.  3  of  PADA.  The  procedure  for  awarding 

45 

 
 
 
 
 
 
 
 
 
 
 
compensation  is  based  on  tort  law  provisions  and  principles  -  Article  45  et  seq.  of  the 
Law  on  contracts  and  obligations.  There  is  no  practice  under  the  law  for  allocating 
compensation in cases of discrimination, especially discrimination based on sex. This fact 
alone is a barrier for victims seeking compensation. The other reason is that in Bulgarian 
legal  practice  the  amount  of  compensation  for  moral  damages,  which  in  most  cases  is 
involved in discrimination cases, is very low. We think that the issue of compensation is 
still  a  challenge  for  both  lawyers  and  the  courts  in  the  effective  application  of  the  anti-
discrimination legislation. If compensation is awarded then enforcement is another issue 
but in this field both public enforcement and private bailiffs can be used.  

11.3.2  In  your  opinion,  do  the  remedies  and  sanctions  meet  the  standards  of  being 
effective,  proportionate  and  dissuasive?  Please  explain,  if  possible  referring  to 
relevant legislation or case law.   

In my opinion, the general level of compensation, as well as compensation awarded for 
discrimination,  is  still  very  low  in  Bulgaria  and  is  not  proportionate  to  the  damage 
suffered  by  the  persons  whose  rights  have  been  violated.  As  mentioned  above,  in 
practice  there  is  no  case  law  on  compensation  awarded  for  sex  discrimination.  The 
sanctions imposed by the Commission are in many cases effective and proportionate but 
there are problems with their enforcement and their dissuasive effect.  

11.4 Access to courts 

11.4.1  In  your  opinion,  is  the  access  to  courts  safeguarded  for  alleged  victims  of  sex 
discrimination?  Please  explain  and  discuss  particular  difficulties  and  barriers 
victims of sex discrimination have encountered.  Refer to relevant legislation and 
case law. 

All  persons  whose  rights  have  been  violated  have  access  to  the  courts  (with  the 
application of the Civil Procedural Code - CPC) or to the Commission for Protection from 
Discrimination  (with  the  application  of  the  special  procedure  under  the  special  law,  the 
Administrative Procedural Code and the CPC). Compensation can only be awarded by the 
courts.  Article  71  of  the  PADA  stipulates  that  each  person  whose  rights  have  been 
violated  under  this  law  or  other  laws  on  equal  treatment  has  the  right  to  instigate  a 
claim before the district court  in order to: identify the violation; order the defendant to 
discontinue the breach and to restore the situation, as well as to refrain from violations 
in the future; award compensation for damages. 

Difficulties  in  access  may  be  present  in  cases  where  the  person  discriminated  against 
first  resorts  to  the  Commission  to  confirm  the  act  of  discrimination  and,  in  such  cases, 
despite the right to refer to the courts for compensation, often  this is not sought or the 
procedure  encounters  obstacles.  The  main  obstacle  is  that  in  some  instances  the  court 
does  not  recognize  the  decision  of  the  equality  body  as  a  basis  for  claiming 
compensation. The other obstacles are those advanced above as general obstacles when 
seeking compensation for damages due to acts of discrimination.  

11.4.2  In  your  opinion, 

for  anti-
discrimination/gender  equality  interest  groups  or  other  legal  entities?  Please 
explain and refer to relevant legislation and case law. 

the  access 

safeguarded 

courts 

to 

is 

A  positive  element  in  the  court  procedure  is  the  possibility  for  trade  unions  and  civil 
society  organisations  to  join  the  procedure  as  interested  parties  or  to  initiate  a 
discrimination case on behalf of a person who has been discriminated against. When the 
rights  of  many  individuals  are  violated,  the  organisations  mentioned  can  initiate  the 
discrimination  procedure  before  the  court.  These  rights  are  regulated  in  Article  71 
paragraphs 2 and 3 of PADA. 

46 

 
 
 
 
 
 
 
 
 
11.4.3  What kind of legal aid is available for alleged victims of gender discrimination? 

There  is  no  specific  category  of  legal  aid  available  to  victims  of  gender  discrimination. 
Legal aid is available based on the general eligibility criteria and the required means test 
under the Legal Aid Act.19 The main principle is that legal aid in civil and administrative 
cases  is  provided  based  on  documents  presented  by  the  interested  party  to  the  court 
that  he/she  has  no  means  to  cover  the  lawyer’s  fees.  The  court  takes  into  account  the 
following  circumstances:  the  income  of  the  person  and  her/his  family;  a  declaration  on 
the income status and property of the person; family status; health status; employment 
status; age; other circumstances (Article 23 paragraph 3)  

11.5 Equality body  

11.5.1  Does  your  country  have  an  equality  body  that  seeks  to  implement  the 

requirements of EU gender equality law? 

Yes,  the  Commission  for  Protection  against  Discrimination  is  such  a  body-  www.kzd-
nondiscrimination.com/. 

The  Commission  for  Protection  from  Discrimination  was  created  in  2005  as  an 
independent  jurisdiction  under  the  law,  and  its  mandate  covers  all  types  of  direct  and 
indirect  discrimination  prohibited  by  law  and  by  international  instruments  to  which 
Bulgaria  is  a  party.  The  Commission  has  broad  competences,  including  initiating 
discrimination  cases  of  its  own  initiative  and  assisting  victims  of  discrimination  in 
bringing  a  claim.  The  administrative  procedure  before  the  Commission  is  very  flexible 
and easy to follow for the petitioners. The position and competences of the Commission 
are  regulated  in  Chapter  3  of  the  Law  on  Protection  from  Discrimination  -  Article  40  et 
seq. More specifically, the competences of the Commission are provided in Article 47 of 
the  law:  the  Commission  establishes  the  violations,  orders  the  prevention  of  or  the 
discontinuing  of  violations  and  the  restoration  of  the  initial  situation,  issues  coercive 
penalties,  imposes  sanctions,  makes  suggestions  to  national  and  local  governmental 
bodies,  provides  independent  support  to  victims  of  discrimination,  gives  opinions  on 
drafts for normative acts, and carries out independent research and monitoring. 

Besides  the  prohibition  of  discrimination  based  on  sex,  the  ban  encompasses  the 
grounds  of  race,  nationality,  ethnicity,  human  genome,  citizenship,  origin,  religion  and 
belief, education, conviction, political affiliation, personal or social status, disability, age, 
sexual orientation, family status, property status, or any other ground defined by law or 
in an international treaty to which Bulgaria is a party - Article 4 paragraph 1 of the Anti-
Discrimination Law. 

The  Commission is  not  a  body  that  deals  with the  promotion,  monitoring  or  analysis  of 
equal  treatment  based  on  sex  and  therefore  does  not  fulfil  all  the  requirements  for  an 
equality body dealing with gender equality according to EU standards.  

11.6 Social partners  

11.6.1  What  kind  of  role  do  the  social  partners  in  your  country  play  in  ensuring 
compliance  with  and  enforcement  of  gender  equality  law?  Are  there  any 
legislative provisions in this respect? 

The  social  partners  are  not  provided  with  a  special  role  concerning  this  issue  in 
legislation. They do not specifically deal with gender equality. Although they have gender 
equality  sections  in  their  structures,  participate  in  the  consultative  body  on  gender 

19   Bulgarian version available at http://www.lex.bg/ldoc/2135511185. 

47 

 
 
 
 
 
 
 
 
 
 
                                                
equality at the Council of Ministers and sometimes issue relevant research and statistics, 
the  social  partners  do  not  play  an  important  role  in  practice.  Their  role  does  not 
correspond to the requirements of the EU standards, and namely of the Recast Directive.  

11.7 Collective agreements 

11.7.1  To  what  extent  does  your  country  have  collective  agreements  that  are  used  as 
means to implement EU gender equality law? Please indicate the legal status of 
collective agreements in your country  (binding/non-binding, usually declared to 
be generally applicable or not).  

Collective  agreements  in  Bulgaria  are  not  used  as  a  means  to  implement  EU  gender 
equality  law.  Collective  agreements  that  are  binding  for  the  respective  sectors  do  not 
generally have gender equality elements and do not promote gender equality.  

48 

 
 
 
 
12.  Overall assessment  

The  implementation  of  gender  equality  standards  in  Bulgaria  is  satisfactory  and  this  is 
mainly  due  to  the  adoption  of  a  comprehensive  Anti-Discrimination  Law  and  to  the 
establishment  of  the  Commission  for  Protection  from  Discrimination  (KZD).  However, 
parental  leave  provisions  have  to  be  made  effective  and  the  protection  of  mothers  and 
fathers  returning  from  childcare  leave  and  parental  leave  should  be  strengthened,  too. 
The  mechanisms  for  ensuring  equal  pay  and  for  addressing  the  gender  pay  gap  should 
be  put  in  place.  The  protection  of  self-employed  persons  and  helping  spouses  must  be 
explicitly and further regulated. The rule of the burden of proof in cases of discrimination 
based  on  sex  should  be  applied  in  practice.  The  effectiveness  and  dissuasive  effect  of 
sanctions and the level of compensation in cases of discrimination remain serious issues. 
A  special  gender  equality  law  should  be  adopted  and  the  system  of  equality  bodies  in 
compliance with the EU standards is still to be developed.  The role of the social partners 
for the enforcement of gender equality should be enhanced in such a law. 

The Bulgarian social security system is not compatible with the EU social security model 
and  the  respective  standards.  The  occupational  social  security  schemes  are  part  of  the 
third pillar and are not yet sufficiently developed. The second pillar in Bulgaria belongs to 
the statutory social security scheme but when private insurance companies manage this 
second  tier  they  use  gender-related  actuarial  factors.  Discrimination  in  this  second 
Bulgarian  pillar  should  be  eliminated  in  order  to  be  in  compliance  with  the  principle  of 
equal treatment in EU law.  

It is to be  regretted that during the last two or three years there  has been no  relevant 
case law of the Equality body on important issues related to the EU standards. We are of 
the opinion that this is also due to the lack of specific expertise in gender issues by the 
members  of  the  Commission.  There  are  no  landmark  court  decisions  on  cases  of 
discrimination based on sex either. 

The Bulgarian government has not yet signed and ratified the Istanbul Convention. 

49 

 
 
 
 
 
Annexes 

Bibliography 

Годишен отчет за 2014 година- Комисия за защита от дискриминация (Annual report 
for  2014 
from  Discrimination)-  www.kzd-
Protection 
-  Commission 
nondiscrimination.com/layout. 

for 

50 

 
 
 
HOW TO OBTAIN EU PUBLICATIONS 

Free publications: 

•  one copy: 

via EU Bookshop (http://bookshop.europa.eu); 

•  more than one copy or posters/maps: 

from the European Union’s representations (http://ec.europa.eu/represent_en.htm);  
from the delegations in non-EU countries 
(http://eeas.europa.eu/delegations/index_en.htm);  
by contacting the Europe Direct service (http://europa.eu/europedirect/index_en.htm) 
or calling 00 800 6 7 8 9 10 11 (freephone number from anywhere in the EU) (*). 

(*)  The information given is free, as are most calls (though some operators, phone boxes or hotels may 
charge you). 

Priced publications: 

•  via EU Bookshop (http://bookshop.europa.eu). 

 
 
 
 
 
 
 
D
S
-
0
4
-
1
6
-
1
7
8
-
E
N
-
N

[

C

a

t

a

l

o

g

u

e

n

u

m

b

e

r

]

PDF 

ISBN: 978-92-79-56858-9 

doi:10.2838/8359