Country report, gender equality : how are EU rules transposed into national law? : Bulgaria 2018.
Date: 2019-02-06
Institutions: Directorate-General for Justice and Consumers
Subjects: Bulgaria, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, labour market, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Bulgaria 

2018 

1 

EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.2 Gender Equality 

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  2017 – 31 December 2017 

Directorate-General for Justice and Consumers 

2018

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Luxembourg: Publications Office of the European Union, 2018 

PDF ISBN 978-92-79-85563-4 

doi:10.2838/794020 

DS-04-18-408-EN-N 

© European Union, 2018 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Gender equality – Bulgaria- 2018 

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 ................. 7 
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 ....................................................... 14 
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,  maternity,  and  leave  related  to  work  life  balance  (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 ..................................................................................... 26 
5.5  Paternity leave .................................................................................... 29 
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 social security schemes (Chapter 2 of Directive 2006/54) .............. 33 
6.1 
Is  direct  and  indirect  discrimination  on  grounds  of  sex  in  occupational  social 
security schemes prohibited in national law? ........................................... 33 
Is  the  personal  scope  of  national  law  relating  to  occupational  social  security 
schemes the  same, more  restricted, or broader than  specified in Article 6  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. .... 33 
Is  the  material  scope  of  national  law  relating  to  occupational  social  security 
schemes the  same, more  restricted, or broader than  specified in Article 7  of 
Directive 2006/54? Please explain and refer to relevant case law, if any. .... 33 
6.4  Has national law applied the exclusions from the material scope as specified in 
Article 8 of Directive 2006/54? .............................................................. 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? .................. 34 
Is sex used as an actuarial factor in occupational social security schemes? . 34 
6.6 
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. ...................................................................... 34 
Statutory schemes of social security (Directive 79/7) ....................................... 35 
7.1 
Is  the  principle  of  equal  treatment  for  men  and  women  in  matters  of  social 
security implemented in national legislation? .......................................... 35 
Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes the  same, more  restricted, or broader than  specified in Article 2  of 
Directive 79/7? Please explain and refer to relevant case law, if any. ......... 35 

7.2 

6.3 

6.2 

3

 
 
8. 

9. 

7.3 

Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes the same, more restricted, or broader than specified in Article 3 para. 
1 and 2 of Directive 79/7? Please explain and refer to relevant case law, if any.
 ......................................................................................................... 36 
7.4  Has national law applied the exclusions from the material scope as specified in 
Article  7  of  Directive  79/7?  Please  explain  (specifying  to  what  extent  the 
exclusions apply) and refer to relevant case law, if any. ........................... 36 
7.5 
Is sex used as an actuarial factor in statutory social security schemes? ...... 37 
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. ...................................................................... 38 
Self-employed workers (Directive 2010/41/EU and some relevant provisions of the 
Recast Directive) ......................................................................................... 39 
8.1  Has Directive 2010/41/EU been explicitly implemented in national law? ..... 39 
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) ....................................................................................... 39 
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. ........................................................ 40 
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 
the  same,  more  restricted,  or  broader  than  specified  in  Article  4  Directive 
2010/41/EU? ...................................................................................... 40 
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? .............................................. 40 
8.6  Does your country have a system for social protection of self-employed workers 
(see Article 7 (Directive 2010/41/EU)? ................................................... 40 
8.7  Has  Article  8  Directive  2010/41/EU  regarding  maternity  benefits  for  self-
employed workers been implemented in national law? ............................. 41 
8.8  Has  national  law  implemented  the  provisions  regarding  occupational  social 
security  for  self-employed  persons  (see  Article  10  of  Recast  Directive 
2006/54)? .......................................................................................... 41 
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. ....... 41 
8.10  Is Article 14(1)(a) of Recast Directive 2006/54 implemented in national law as 
regards self-employment? .................................................................... 42 
Goods and services (Directive 2004/113) ....................................................... 43 
9.1  Does national law prohibit direct and indirect discrimination on grounds of sex 
in access to goods and services? ........................................................... 43 
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. ............................... 43 
9.3  Has national law applied the exceptions from the material scope as specified in 
Article 3(3) of Directive 2004/113, regarding the content of media, advertising 
and education? .................................................................................... 45 
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. ................................................ 45 
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 

9.2 

4 

services  shall  not  result  in  differences  in  individuals'  premiums  and  benefits 
(see Article 5(1) of Directive 2004/113)? ................................................ 45 
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. ....................................................... 45 
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)? ..... 45 
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. ............... 45 
10.  Violence against women and domestic violence in relation to the Istanbul Convention
 ................................................................................................................. 46 
10.1  Has your country ratified the Istanbul Convention? .................................. 46 
11.  Enforcement and compliance aspects (horizontal provisions of all directives) ...... 48 
11.1  Victimisation ....................................................................................... 48 
11.2  Burden of proof ................................................................................... 48 
11.3  Remedies and sanctions ....................................................................... 48 
11.4  Access to courts .................................................................................. 49 
11.5  Equality body ...................................................................................... 50 
11.6  Social partners .................................................................................... 50 
11.7  Collective agreements .......................................................................... 51 
12.  Overall assessment ..................................................................................... 52 
Annexes ............................................................................................................. 53 

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 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 of 2006, the Civil Procedure Code, effective as of 1 March 2008, the Social Insurance 
Code  of  1999,  the  Labour  Code  (LC)  of  1986,  the  Criminal  Code  of  1968,  the  Criminal 
Procedure  Code  of  2006  and  the  Family  Code  of  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; specialised Criminal Court – 1; courts of appeal – 5; Specialised 
Criminal Court of Appeal – 1; military courts – 5; Military Court of Appeal – 1; Supreme 

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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,  including  in  the 
field of anti-discrimination and gender equality. The Council of Ministers is the central body 
responsible for 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 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  non- 
governmental  organisations  dealing  with  gender  equality.  No  new  strategy  has  been 
adopted yet. 

Since 2000 the Ministry of Labour and Social Policy (MLSP) has organised and coordinated 
national  policy  on  gender  equality,  in  cooperation  with  many  other  institutions  and 
organisations. The section in this Ministry entitled ‘Equal opportunities, anti- 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.  

for  Protection 

from  Discrimination  (Комисия  за  защита  от 
The  Commission 
дискриминация, CPD) 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  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 bodies mentioned. In fact there is no 
institution dealing exclusively, on a permanent basis, with gender equality. 

1.2  List of main legislation transposing and implementing Directives 

- 

Law on Protection from Discrimination2 

1  Promulgated in S.G. No. 64/2007. 
2  Bulgaria, (Law on Protection from Discrimination – LPFD), Закон за защита от дискриминация , S.G. 

86/2003, in force since 1 January 2004, Bulgarian version available at http://lex.bg/laws/ldoc/2135472223. 

7 

 
 
 
 
 
 
 
 
                                                
 
- 
- 
- 

Code of Social Insurance3 
Labour Code4 
Law on Equality between Women and Men5 

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. 

5  Law on Equality between Women and Men, S.G. 33/2016, in force since 26 April 2016, available in 

Bulgarian at http://lex.bg/bg/laws/ldoc/2136803101. This law is relatively recent and has not yet been 
enacted in practice. 

8 

 
                                                
2.  General legal framework 

2.1  Constitution 

2.1.1  Does your national Constitution prohibit sex discrimination?  

Yes,  the  Bulgarian  Constitution  of  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 spouses have equal rights and obligations in 
a marriage and in the family. 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 obstetric care, an 
alleviation of working conditions and social assistance. 

All citizens have the right to work and the state creates the conditions for the realisation 
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 a prohibition of discrimination on a broad range of grounds, 
including on the ground of sex/gender. Besides a prohibition of 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, 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). 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Apart from the Commission for Protection from Discrimination, which deals with cases of 
discrimination based on sex, there is no official body defined by law with a gender equality 
policy remit, with all the functions required by the EU directives. In order to fill the gap in 
the  structure  of  the  mechanism  for  gender  equality  and  Government  policy,  a  Law  on 
Equality between Women and Men (hereinafter Gender Equality Law) was proposed by the 
Ministry of Labour and Social Policy. It was adopted by the Bulgarian National Assembly 
and  promulgated  on  26  April  2016.6  The  law  regulates  state  policy  on  gender  equality, 
sets  out  the  main  principles  of  this  policy,  including  positive  measures  for  promoting 
gender equality and the mechanism for the adoption of such measures. The law affirms 
the  duties  of  the  Ministry  of  Labour  and  Social  Policy  as  the  body  that  will  manage, 
coordinate and control gender equality policy. State policy in the field is also implemented 
by units in the different ministries, in the regional administration and at the level of the 
local self-governance bodies. 

The Gender Equality Law sets out the main principles of policy on gender equality which 
are  the  equal  treatment  of  women  and  men  and  the  prohibition  of  discrimination  and 
gender-based  violence  (Article  2)  and  provides  for  the  procedure  for  the  adoption  of 
temporary special measures for achieving gender equality. The law is relatively recent and 
has  not  yet  been  implemented,  including  in  the  field  of  gender-based  violence  and  the 
adoption of special measures. Its final provisions envision that six months after its entry 
into force the  respective civil servants  responsible for gender  equality will be appointed 
and the rules and procedure of the consultative body on gender equality should be updated 
according to the new law. Due to the political crisis which started at the end of October 
2016  and  lasted  until  the  parliamentary  elections  at  the  end  of  March  2017  and  the 
subsequent appointment of the new government in May 2017, the Gender Equality Law 
has still not been enacted in practice.  

By the end of 2017 only minor steps had been undertaken for the implementation of the 
law. Namely, 28 regional coordinators and 12  deputy coordinators for equality between 
men  and  women  were  appointed  among  regional  administration  representatives  in  the 
country. The newly selected coordinators underwent initial training on gender equality at  
the end of 2017.  

With the implementation of Article 16 of the Law, a  special symbol/ award for  effective 
implementation of gender equality policy was created. The Minister of Labour and Social 
Policy, with the support of the Consultative body on gender equality, established the rules 
and procedures for the nomination of the award.7 The award is presented in the form of a 
plaque and a special certificate. It represents a symbol of achievements and should work 
as  an  incentive  for  organisations  and  institutions  to  improve  their  management  in 
accordance with the principles of equality.  

Despite these concrete steps, no other substantial benefit of the Law on Gender Equality 
was felt by the end of 2017, one and a half years after its adoption. 

6  Bulgaria, Gender Equality Act [Закон за равнопоставеност на жените и мъжете], 26 April 2016, State 

Gazette (SG) 33/2016. The Bulgarian version of the law is available at: 
http://lex.bg/bg/laws/ldoc/2136803101, last accessed on 12 July 2016. 

7   Report on gender equality for 2017 by the MLSP: 

www.mlsp.government.bg/ckfinder/userfiles/files/politiki/ravni%20vyzmojnosti/normativni%20aktove/bg%
20zakonodatelstvo/REPORT_Equality_2017_FINAL.pdf, last accessed on 10 October 2018. 

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 ‘(…) privileges or restriction of rights’) 
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  compared  to  how 
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 

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. 

No. 

3.3.3 

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 (CPD) 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  people  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 law that addresses multiple discrimination and/or intersectional 
discrimination (where gender is one of the grounds at stake)? 

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 of applying positive action measures to achieve 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 to ensure a 
balance in the participation of men and women, and as special measures for individuals or 
groups of people in a disadvantaged position (Article 7 paragraphs 13 and 14 LPFD). In 
the  sphere  of  employment  relations,  positive  action  can  be  taken  to  encourage  people 
belonging  to  the  less  represented  sex  to  apply  for  a  certain  job  or  position  and  to 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
encourage  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 also applies in 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 paras. 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. 

The adoption of temporary special measures according to the Bulgarian Gender Equality 
Law does not constitute discrimination under the LPFD. 

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  significance  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 
and there is no relevant practice. 

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

company boards? 

No. 

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

There  are  no  concrete  policy  measures  aimed  at  addressing  the  gender  balance  on 
company boards to our knowledge. In October 2016 a new Strategy on Equality between 
Women  and  Men  was  adopted  by  the  Council  of  Ministers.  The  Strategy  provides  for 
measures  to  encourage  companies  to  adopt  and  maintain  a  gender  balance  on  their 
boards. No plan of action or concrete measures have been adopted as yet. The Strategy 
does not specify to which companies these measures would apply, nor to which boards. 

There  are  research  projects  within  the  framework  of  the  EU  schemes  but  no  advocacy 
campaigns so far. 

13 

 
 
 
 
 
 
 
 
 
 
 
 
 
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? 

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 CPD 
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 

Please  specify  the  scope  of  the  prohibition  on  harassment  (e.g.  does  it  cover 
employment and access to goods and services; is it broader?). 

Yes. Bulgarian law goes beyond the regulation of harassment in 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, equipping and expansion of an 
economic activity (Article 37 paragraph 3). Harassment  in the latter sphere is  explicitly 
defined as follows: the rejection 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 

14 

 
 
 
 
 
 
 
 
 
 
 
sexual  harassment.  It  would  be  better  also  to  have  the  expression  ‘which  have  as  a 
purpose or effect’ in the definition of sexual harassment. 

3.6.4 

Please  specify  the  scope  of  the  prohibition  on  sexual  harassment  (e.g.  does  it 
cover employment and access to goods and services; is it broader?). 

Yes. Bulgarian law goes beyond the regulation of sexual harassment in 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, equipping and expansion 
of an economic activity (Article 37 paragraph 3). In the latter sphere the rejection 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 instruction to discriminate explicitly prohibited in national legislation? 

Yes, instruction to discriminate is prohibited as an element of the notion of incitement to 
discrimination.  

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. 

3.8  Other forms of discrimination 

3.8.1  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  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  (LC)  defines  the  equal  pay  principle  between  men  and 
women  as  ensuring  equal  remuneration  for  equal  or  equivalent  work,  by  also 
encompassing 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  CPD  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 law. As mentioned above, the notion of equal pay includes the assessment 
criteria  for  determining  labour  remuneration  and  the  assessment  of  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. 

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?8 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  work  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, as the first case which had an impact it 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 from Discrimination (LPFD), 
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 guarantees of equal pay, based on sex and on all 
other grounds, as required by Article 14 paragraphs 1 and 2 of the Law on Protection from 
Discrimination.9 

8  2014/124/EU OJ 2014 L 69, p. 112-116. 
9  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. 

17 

 
 
 
 
 
 
 
 
 
 
 
 
                                                
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  Law  on  Protection  from  Discrimination  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 Law on Protection from 
Discrimination,  this  protection  is  also  extended  to  civil  servants  under  the  special  civil 
servants’  contracts.  Those  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  organisational  and  economic  point  of  view,  and 
who/which hires workers and employees independently under a labour contract, including 
home workers 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 home workers, 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  Law  on 
Protection from Discrimination. 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 Bulgarian legislation in the field of access to work and working 
conditions is almost in full compliance with the EU equal treatment directives (except for 
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 
Law on Protection from Discrimination. 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  qualifications  or 
requalification, for professional promotion, and promotion in terms of position or rank, by 
ensuring  equal  conditions  for  professional  assessment.  Equal  criteria  in  applying 
disciplinary sanctions are 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 

18 

 
 
 
 
 
 
 
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 
Directive, Bulgarian law also contains protection against discrimination in unemployment. 

Article 37 paragraph 2 mentioned above extends this protection to the public sector and 
sector  of  the  real  economy  in  all  cases  of  the  establishment,  initiation,  equipping  or 
expansion 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 for specific education in 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 significance 
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 significance and has been amended, as mentioned below. 

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  significance.  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.  

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  para.  7  stipulates  that  the  special  protection  for  pregnant  women  and 
mothers under the law  does not constitute discrimination. Within this category are also 
women  at  an  advanced  stage  of  in-vitro  fertilisation.  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, 

19 

 
 
 
 
 
 
 
 
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,  maternity,  and  leave  related  to  work  life  balance  (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 of 15 June 2015 from the Minister of Labour and Social Policy and the Minister of 
Health:  Ordinance  for  improving  working  conditions  for  pregnant  women,  women  who 
have  given  birth  or  breastfeeding  women.10  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 a confirmed status of pregnancy 
as well as 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 that guaranteed 
to pregnant women is granted to female workers and employees who are at an advanced 
stage  of  in-vitro  fertilisation  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 (LC) and 
to  p.  16  paragraph  1  of  the  Additional  Provisions  of  the  LPFD,  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 for 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  fertilisation,  to 
perform work which entails a risk to their health or safety. 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, 

10  Promulgated in S.G. 46/2015. 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
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 working conditions which pose a risk to the health and 
safety of pregnant workers is provided in a joint Ordinance from the  Minister of  Labour 
and  Social  Policy  and  the  Minister  of  Health.  This  is  currently  regulated  by  the  above-
mentioned Ordinance No. RD-07-4 of 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  of  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 in 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 level of 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 
fertilisation 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  fertilisation  treatment;  this  also 
applies to mothers with children up to six years old, and mothers who care for 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. 

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.  

22 

 
 
 
 
 
 
 
 
 
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 fertilisation 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. 

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).  

23 

 
 
 
 
 
 
 
 
 
 
 
 
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)  during  the 
pregnancy and maternity leave? 

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

In addition, according to Articles 13 and 15 of the LPFD, 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  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 LPFD). 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  LC11  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  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, especially 
with the extension of their rights according to the amendments below.  

At  the  very  end  of  2016,  amendments  were  adopted  in  Article  163  of  the  Labour  Code 
regarding  leave  for  adoptive  parents.  In  addition,  some  of  the  solutions  for  adopting 
parents have been extended to mothers and parents within whose families children have 
been  placed  as  a  measure  of  child  protection  under  the  Law  on  Child  Protection.  The 
changes are as follows. 

A  female  worker  or  employee  within  the  family  where  a  child  has  been  placed  as  a 
protective measure under the Law on Child Protection (a family consisting of close relatives 
or having close connections or in a foster family) has the right to leave which is the same 
as maternity leave (410 days) from the placement of the child onwards. 

With the consent of the mother or adoptive mother after the child has reached the age of 
six months the father or adoptive father can benefit from the remaining period of parental 
leave. When the father is unknown this leave can be used by one of the mother’s parents. 
When the father or adoptive father is deceased the leave can be used by one of the parents 
of  the  mother  (adoptive  mother)  or  of  the  father  (adoptive  father).  When  the  female 
worker or employee is the sole adoptive parent of a child, the leave mentioned above can 
be used, with her consent, by either of her parents. 

When a child has been placed within a family as a protective measure, with the consent 
of the woman her husband can benefit from the remainder of the leave after the child has 
reached the age of six months (for up to 410 days as mentioned above).  

When  the  adoptive  mother  and  father  are  married  or  if  they  cohabit,  in  cases  of  a  full 
adoption, the adoptive father of a child under five years of age has the right to 15 days of 
paternal leave for adoption from the actual day of the adoption onwards. 

In all cases of the use of these forms of leave, the leave periods are recognised for seniority 
(length  of  service)  purposes  and  compensation  is  paid  according  to  the  Code  for  Social 
Insurance  under  the  same  conditions  as  the  compensation  that  the  biological  parents 
would be entitled to. 

These provisions extend the rights enshrined in the Labour Code and the COSI and entered 
into force on 1 June 2017.12 

11  SG 104/2013, in force since 1 January 2014.  
12  Labour Code - www.lex.bg/laws/ldoc/1594373121, amendments with S.G. No. 98/2016. 

25 

 
 
 
 
 
 
 
 
 
 
 
 
                                                
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  in  its 
main part prior to the adoption of the Directive and within the expiry of the transposition 
period. The means of applying parental leave beyond the minimum standards were also 
defined after that period. Harmonisation was made possible mainly through amendments 
to the Labour Code (LC), and also to the Law on Protection from Discrimination (LPFD). 
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.  Since  1st  of  January  2007,  the  principle  of  the 
individual  right  of  each  parent  to  use  the  parental  leave  of  six  months’  duration  was 
introduced, 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 the other 
parent, so it became transferable in its great part. 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. By the end of 2016 there 
was  a  limitation  to  the  right  of  the  men  in  the  armed  forces  to  unpaid  parental  leave, 
introduced with Article 203 paragraph 2 of the Law  on Defence  and Armed Forces.  The 
leave was limited to cases where a male officer was the sole parent taking care of a child. 
The  situation  was  changed  with  the  amendment  of  the  law  with  S.G.  No.  58/2017  and 
granting the full right to parental leave to men employed in the armed forces. 

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,  a  family 
entitlement or a combination of the two? How many months are reserved for each 
parent on a take-it or leave it basis? 

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)? 

26 

 
 
 
 
 
 
 
 
 
 
 
 
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  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  in  Article  164b  of  the  Labour  Code  can  be 
considered as such a measure. 

5.4.9 

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

No. 

5.4.10  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. 

5.4.11  Are there special arrangements for small firms? 

Not specifically in the legislation. 

5.4.12  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. 

5.4.13  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  LPFD  (Article  4)  which 
introduce  a  prohibition  on  less  favourable  treatment,  among  others,  on  the  ground  of 
family status. 

5.4.14  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? 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
In  view  of  the  full  compliance  with  Directive  2010/18/EU,  a  new  Article  167b  has  been 
introduced.13 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  LPFD).  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. 

5.4.15  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  LPFD  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,  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. 

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

period of the parental leave? 

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

5.4.17  Is there continuity of the entitlements to social security cover under the different 

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

Yes.  

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

sectors?  

No, parental leave is unpaid.  

5.4.19  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. 

5.4.20  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.  

13  S.G. No. 7/2012. 

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                
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  LPFD,  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. 

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 emergency. 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 

29 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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, regardless of the number of children, 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 
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 the 
leave  under  Article  167a  of  the  LC  became  non-transferable  until  2012.  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  and  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. 

30 

 
 
 
 
 
 
 
 
 
 
 
 
Bulgarian law provides for part-time work arrangements. According to Article 138 of the 
Labour  Code,  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. 

Amendments to the Labour Code14 introduced additional possibilities for flexible working 
arrangements. The arrangements can be introduced in companies where the way in which 
the  work  is  organised  allows  the  establishment  of  variations  of  the  working  time 
arrangements.  Under  the  principle  set  down  in  Article  139  (2)  of  the  Labour  Code,  the 
obligatory period during the day when the employee has to be at work and the means of 
its calculation are defined by the employer. A new paragraph 3 of Article 139 sets cases 
when flexible working time arrangements can be applicable. When flexible working time is 
established by the employer, the worker or employee can negotiate to complement her/his 
working hours during the next day or on other days of the working week. The calculation 
of the working time is done based on the internal rules of the company.  

The aim of these LC amendments is to achieve more flexibility in favour of the worker and 
the establishment of a more liberal regime for adjusting working time and for opportunities 
for  reconciliation  of  work  and  family  life.  We  note  that  the  workers  or  employees  can 
benefit from  such arrangements  only upon the initiative of the employer in establishing 
flexible  working  time  and  outside  the  obligatory  working  periods  established  by  the 
employer. In other words, the initiative is with the employer – the employee cannot ask 
for such general flexible arrangements.  

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 167b LC 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. 

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  organisational  and  economic 
point of view, and who/which hires workers and employees independently under a labour 

14  Promulgated by State Gazette No. 54/2015 from 17 July 2015 https://www.lex.bg/laws/ldoc/1594373121. 

31 

 
 
 
 
 
                                                
contract, including home workers 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 agreement 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. 

32 

 
 
 
 
 
 
6.  Occupational social security 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 the same, 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.15 

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 the same, 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). 

6.4  Has national law applied the exclusions from the material scope as specified 

in Article 8 of Directive 2006/54? 

No, as these provisions are not applicable. 

15  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. 

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? 

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.  

34 

 
 
 
 
 
 
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.  After  the  change  of 
parliament and government in the first half of 2017, amendments to the COSI proposed 
by  a  bill16  which  was  rejected  in  2016  were  integrated  into  the  plan  of  the  Council  of 
Ministers and the changes in the COSI were implemented by S. G. 92/ 2017. Article 169 
paragraph 4 states: ‘It is not permitted to use sex as an actuarial factor in defining the 
amount of the pension for supplementary old age lifetime pensions’.17  

Despite the fact that the principle of equal treatment for men and women is prohibited by 
law, it remains to be seen if the practice of pension companies will be in compliance with 
this prohibition (please see section 7.5 for further information). 

Statutory social security as a first pillar is formed in Bulgaria by two pillars - state social 
security  (first  Bulgarian  pillar)  and  supplementary  obligatory  funded  pension  (second 
Bulgarian pillar). The latter tier is publicly mandated but privately managed. In the second 
Bulgarian  pillar  of  the  statutory  social  security  scheme,  until  recently  the  insurance 
companies used gender-related actuarial factors for the different life expectancy of women 
and men, as there was no explicit legal ban. The companies were allowed to implement 
such  practices,  with  the  sanction  of  the  vice  president  of  the  Commission  for  Financial 
Supervision. This contradicted EU law and EU case law on equality in statutory pensions. 

As the Bulgarian second pillar comprises all women and men born after 1960, inequality 
affected  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. The cases were brought to the court in the period 2011- 2013 and 
were, after several appeals, finally decided by the Panel of Five members of the Supreme 
Court. All the complaints of the women who brought the cases were rejected. In addition, 
the complaint before the ECtHR was left without consideration by the Court.  

At  the  time  of  introducing  the  first  case  before  the  Supreme  Administrative  Court  a 
complaint/ pilot action was sent to the European Commission by the complainants and an 
NGO, the Bulgarian Gender Research Foundation.  

7.2  Is  the  personal  scope  of  national  law  relating  to  statutory  social  security 
schemes the same, 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) 

unemployment;  

16   Министерският съвет е внесъл в Народното събрание за разглеждане и приемане посочения по-горе 

законопроект на 7.10.2016 г. (сигнатура 602-01-56). 

17   This new provision was implemented in 2018 and will entail more changes. It applies to the pensions still to 

come for people born after 1959. 

35 

 
 
 
 
 
 
 
 
 
 
                                                
6) 
7) 

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 those people who are insured 
for disablement due to general illness, old age and death - self- employed people, including 
agricultural  workers.  These  people  can  also  insure  themselves  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  to  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  discontinue 
their contract and transfer their supplementary insurance to the state insurance fund.  

Legislation on the specific procedure for transferring from a privately managed insurance 
fund to the state pension fund was adopted in 2015. Transfer of the insurance back from 
the state fund to the universal privately managed pension fund will also be possible under 
certain conditions. 

7.3  Is  the  material  scope  of  national  law  relating  to  statutory  social  security 
schemes  the  same,  more  restricted,  or  broader  than  specified  in  Article  3 
para. 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  Has national law applied the exclusions from the material scope as specified 
in Article 7 of Directive 79/7? Please explain (specifying to what extent the 
exclusions apply) and refer to relevant case law, if any. 

Yes, the main exclusion invoked by Bulgarian legislation is the difference in the pensionable 
age of men and women. Currently, according to Article 68 COSI, women acquire the right 
to a social insurance 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 December 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  until  the  age  of  65  is  reached.  As  for  the  compulsory 
insurance periods for old age pension entitlement, from 31 December 2016 it 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.  In  the  expert’s 
opinion,  the  gender  difference  in  the  compulsory  insurance  periods  is  justified,  among 
others, by the risk for women of longer periods of interruption of their professional and 
career  development  due  to  their  care  obligations,  and  by  increased  risk  of  long-term 
unemployment compared to men. 

36 

 
 
 
 
 
 
 
 
 
Different pensionable ages for men and women for the moment 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 transition period for working people in Bulgaria was marked 
by numerous and fragmented changes in legislation, insecure and exploitative conditions 
of  employment  and  also  the  risks  of  informal  work  and  work  without  social  security 
coverage.  These  characteristics  of  employment  are  even  more  valid  for  female 
employment  during  this  period.  Furthermore,  the  hardship  of  transition  impacted  on 
worsened health status and disabilities, of women especially. This is a burden on people 
living in transition which is above the average exhaustion of the workforce and above the 
average burden in Western countries. 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.  

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

Despite  the  fact  that  the  use  of  sex  as  an  actuarial  factor  in  statutory  social  security 
schemes is prohibited by law as described under section 7.1, it remains to be seen if the 
practice  of  pension  insurance  companies  will  follow.  Prior  to  the  legislative  changes 
introduced in 2018, sex was used as an actuarial factor in statutory social security schemes 
by  pension  insurance  companies  under  the  second  Bulgarian  pillar.  This  practice 
contradicted Council Directive 79/7/EEC on the principle of equal treatment of men and 
women in social security. This was reported to the EU Commission by the Bulgarian Gender 
Research Foundation, and was an issue of concern also for the Commission in the EU Pilot 
6013/14/JUST. The use of sex as an actuarial factor has been systematically challenged 
in recent years and was brought before the Supreme Administrative Court by a group of 
Bulgarian  women  born  after  December  1959  and  supported  by  a  women’s  NGO.  These 
arguments have also been raised in case C-318/13 (Korkein hallinto-oikeus v. Finland).  

After the change of parliament and government in the first half of 2017, the amendments 
planned through a draft bill18 on the prohibition of using sex as an actuarial factor were 
integrated  into  the  plan  of  the  Council  of  Ministers  and  the  changes  in  the  COSI  were 
adopted and promulgated by S. G. 92/ 2017. Article 169 paragraph 4 states that ‘It is not 
permitted  to  use  sex  as  an  actuarial  factor  in  defining  the  amount  of  the  pension  for 
supplementary  old age  lifetime pensions’.  This new provision was implemented in 2018 
and  will  entail  more  changes,  and  applies  to  the  pensions  still  to  come  for  people  born 
after 1959.  

Prior  to  the  above-mentioned  legislative  changes  of  2018,  the  Supreme  Administrative 
Court had rejected all applications received until 2016 from women appealing against the 
approval by the vice president of the Commission for Financial Supervision of the gender-
sensitive actuarial tables used by the pension insurance companies. The last decision of 
the Court where it gives its motivation is decision No. 11601/ of 2 November 2016 of the 
Supreme Administrative Court on case No. 2694/2015. In the fifth section of its decision, 
the Court considers that there is no issue of discrimination based on sex involved and no 
issue under EU law as the complaints pertain to the approval of pension reserves which is 
not  related  to  the  calculation  of  individual  pensions  under  additional  obligatory  social 
security schemes. According to the court, individual pensions are subject to the regulations 
of Article 246 of the Social Insurance Code which also guarantees gender equality in its 
paragraph 3.  

In reality, Article 246 of the COSI is in the section on supplementary voluntary social 
insurance and concerns a completely different pillar. Therefore the court based its decision 
on an incorrect legal basis in order to justify the ruling that companies follow strict rules 
without any discrimination.  

18   This draft bill was rejected in parliament in 2016. “Министерският съвет е внесъл в Народното събрание 
за разглеждане и приемане посочения по-горе законопроект на 7.10.2016 г. (сигнатура 602-01-56).” 

37 

 
 
 
 
 
 
                                                
According  to  researchers  and  organisations  dealing  with  gender  equality,  the  problems 
may still persist in this scheme of additional obligatory insurance for those  women who 
decided  not  to  switch  to  the  universal  pension  fund  and  continue  to  insure  themselves 
additionally using private companies. 

After receiving the final decisions from the Supreme administrative court, the women who 
complained decided, with the support of experts from NGOs, to submit a complaint to the 
ECtHR  in  Strasbourg.  Unfortunately,  as  mentioned  above,  it  was  unsuccessful,  being 
rejected at a very initial stage by a blanket letter from the Court. 

Since there were no  results from the pilot action to the EU, the  female applicants have 
considered using the mechanism of communications to a UN Treaty body. 

In the expert’s opinion, the change in the COSI was achieved thanks to the cases brought 
to the courts, although formally unsuccessful, and thanks to the EU Pilot 6013/ 14/JUST 
brought to the Commission by the Bulgarian Gender Research Foundation. Real practice 
is still to follow this formal ban on using sex as an actuarial factor and the situation should 
be further monitored. 

Therefore,  given  the  contradictory  practice  so  far  of  the  court  and  other  institutions  in 
Bulgaria concerning the actuarial factors in question, further observation and monitoring 
are needed in order to make sure that not only legislation but also practice is in conformity 
with EU standards. 

The  expert  is  of  the  opinion  that  the  changes  in  the  second  Bulgarian  pillar,  including 
allowing a choice between contributing to the statutory social security system or to the 
private pension funds mentioned above may have been provoked, among other things, by 
the problem of the use of gender-sensitive actuarial factors by private pension funds, and 
the fact that they have been challenged by women and an NGO before the courts and the 
European Commission. 

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 recognised as 
belonging to the second EU pillar. So it is initially impossible for Bulgarian legislation to be 
in compliance with the EU standards in this field.  

38 

 
 
 
 
 
 
 
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 Law on Protection from 
Discrimination (LPFD), 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 differential treatment when 
taking  measures  aimed  at  initiatives  exclusively  or  mainly  promoting  entrepreneurship 
among women in instances of their under-representation or to overcome and compensate 
for  disadvantages  in  their  professional  careers.  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 sector or real economy sector, direct or indirect, in relation to conducting 
an economic activity, including the establishment, equipping 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 LPFD 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, 
equipping and expansion 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, license devaluators, experts in 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. 

39 

 
 
 
 
 
 
 
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 the same, 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  LPFD  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 LPFD which prohibits any discrimination based 
on one of the grounds of Article 4 Paragraph 1 of the LPFD in the public or real economy 
sector,  direct  or  indirect,  in  relation  to  conducting  an  economic  activity,  including  the 
establishment, equipping 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 LPFD introduces 
additional  positive  action  aimed  at  initiatives  exclusively  or  mainly  promoting 
entrepreneurship  among  women  in  cases  of  their  under-representation  or  to  overcome 
and compensate for disadvantages in their professional careers. 

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  craftspeople;  2.  persons  exercising  trading 
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 Points 
1 and 4 (persons registered as freelancers or craftspeople; and registered agricultural and 

40 

 
 
 
 
 
 
 
 
 
 
 
tobacco  producers),  when  with  their  consent  they  participate  in  the  activities  of  these 
persons,  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 with 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 workers 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 
with  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 
compliance  with  the  requirements  of  Directive  2006/54  concerning  occupational  social 
security schemes, these types of occupational social security schemes which are typical 

41 

 
 
 
 
 
 
 
 
 
 
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 through Article 26 LPFD. 

42 

 
 
 
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 the LPFD 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 that specified in 
Article 3 of the Directive. No sphere is explicitly excluded so the law also applies to the 
content  of  the  media  and  advertising,  and  to  education.  Article  35  LPFD  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 
advertising.  

Nevertheless, some extreme cases of sexist advertisements brought before this equality 
body were not properly dealt with by the 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 advertising 
(established  by  businesses  in  2010).  Thus  the  institution  dealing  with  discrimination 
refused  to  examine  the  cases  through  a  discrimination  lens.  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.19 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.20 

As  a  matter  of  fact,  in  September  2008,  13  women  brought  a  complaint  of  sex 
discrimination against a series of advertisements for the 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 notorious for their television, print 
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 before the Commission for Protection against Discrimination against 
the producer, the advertising agency, the media and all connected with the dissemination 
of  the  advertisement.  The  case  was  supported  by  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 provision for this in the 
law.21 The complainants were obliged – by the members of the panel of the CPD, ex officio, 

19  Judgment No. 201 from 15 September 2010 on case file 217/2008. 
20  Judgment 3616 from 13 March 2012 on case file 12183/2011. 
21  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.  

43 

 
 
 
 
 
 
 
 
                                                
and  without  any  request  from  the  respondents  –  to  explain  repeatedly  and  one  by  one 
how  they  felt  when  they  saw  these  adverts  and  why  they  felt  discriminated  against. 
Despite  the  explicit  message  in  the  adverts,  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 should be noted that one of 
the  expert  opinions  solicited  by  the  Commission  was  from  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 2011.22 The court confirmed the decision of 
the Commission and added that there was no empirical evidence that the adverts affected 
the  majority  of  women  in  Bulgaria  and  that  the  13  women  cannot  be  representative  of 
women  in  Bulgaria.  It  implied  that  they  were  possibly  too  sensitive  to  the  adverts.  The 
court said that the reference to international instruments, and namely to CEDAW, was not 
relevant  for  the  court,  as  only  the  government  and  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 aesthetics, 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.23 

This first case on sex discrimination in advertising, 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.24 

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. 

22  Judgment No. 12450/2010. 
23  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/aleph_eige000005979 and also at 
https://www2.ohchr.org/english/bodies/cedaw/docs/ngos/BGRF_for_the_session_en.pdf. 

24  Judgment of the Commission for Protection from Discrimination of 18 December 2014 - http://www.kzd-

nondiscrimination.com/layout/index.php. 

44 

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

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 LPFD 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. 

45 

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

Convention 

10.1 Has your country ratified the Istanbul Convention? 

No. The decision for signing of the Istanbul Convention was adopted on 16 April 2016 and 
in the decision of the Council of Ministers it is said that it is done ‘in view of forthcoming 
ratification’. The Convention was signed by Bulgaria on 21 April 2016. 

There is strong civil society pressure to ratify the  Istanbul Convention (IC) and this was 
still the case in 2017.25 There has been no specific debate in Parliament for an imminent 
step in that direction, though. Among the reasons advanced by the government for non-
ratification are the lack of full compliance of the legislation with the IC and also financial 
reasons, as the State realises that ratification will have budgetary implications. The main 
problematic fields are: the concept of rape in Bulgarian law which is not in compliance with 
the main standards of the IC and is not 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 (DV) are prosecuted as crimes of a private 
nature and a complaint from the victim is required; there is no criminalisation 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 violence against women (VAW) and gender-
based violence (GBV); there is no effective mechanism of integrated policies against VAW 
and DV, and others.  

Reviews of the legislation were carried out by the government, by experts from the CoE 
and  by  civil  society  organisations.  The  independent  reviews  showed  the  need  for 
amendments to the criminal law and to civil legislation and policies. As a matter of fact, 
since  2011  NGOs  have  been  exerting  pressure  on  the  government  to  work  on  the 
necessary amendments and have offered their cooperation in order to achieve compliance 
much  earlier.  In  June  2016  extensive  working  groups  (composed  of  representatives  of 
institutions, magistrates and civil society) were formed by the Minister of Justice with a 
view to making suggestions for changes to, respectively, civil law and criminal law. The 
suggestions for amendments were formulated, in order to be in compliance with the  IC, 
by a special working group in December 2016-January 2017, but the  final drafts of the 
changes to the two main areas of the law remained pending with the Ministry of Justice to 
the end of 2017 and beyond. 

In 2017 the main challenge for the legislative process, services for women and cooperation 
with the institutions in relation to VAW was that in May-June 2017, upon national elections 
provoked  by  resignment  of  the  previous  government,  a  new  government  and  senior 
administration  was  installed,  the  third  consecutive  government  for  2017.  Prior  to  the 
establishment  of  this  new  government,  the  Alliance  for  Protection  from  Gender-  based 
Violence26 had continued to exert pressure for the ratification of the Istanbul Convention 
which was signed by Bulgaria at the  end of April 2016. This activity reached its peak in 
the  second  half  of  2017,  in  view  of  the  formation  of  the  new  government.  The  Alliance 
wanted to raise awareness concerning the need for protection for all groups of women, for 

25  http://bgrf.org/articles/bulgaria-signs-istanbul-convention-on-preventing-violence-against-women-506 

http://www.alliancedv.org/articles/ратифицирането-на-истанбулската-конвенция-ще-защити-правата-и-
на-децата-жертви-на-насилие-398. 
https://www.facebook.com/1531137970358869/photos/a.1532090413596958.1073741828.153113797035
8869/1605640609575271/?type=3&theater. 
https://www.facebook.com/hotfmmackay/videos/1074463939237843/. 

26   The Alliance is legally registered and its members in the country are: Bulgarian Gender Research 

Foundation  Sofia and Haskovo, Women’ s Association Ekaterina Karavelova – Silistra, SOS - Families at 
Risk Foundation – Varna, Demetra Association – Burgas, NAYA Association – Targovishte, PULSE 
Foundation – Pernik, Open Door Centre Foundation – Pleven, Association Dinamika Centre – Russe, 
Foundation H and D Gender Perspectives – Haskovo and Dimitrovgrad, Bulgarian Fund for Women – Sofia 
and Knowledge, Success, Change Association – Dupnitza. 

46 

 
 
 
 
 
                                                
every woman individually, and to ensure the provision of services, access to justice and 
financing for effective protection.  

After the broadcasting of media reports in the summer of 2017 of several cases in which 
women were killed by their partners or husbands, the Alliance prepared a campaign and 
lobby  and  issued  a  strong  statement  calling  these  cases  open  femicide  cases  and 
demanding  that  the  institutions  take  responsibility  for  their  failures,  take  action  and 
immediately  ratify  the  Istanbul  Convention,  even  before  the  adoption  of  the  prepared 
legislative changes for harmonisation.  

In addition, the Alliance called for strong penal sanctions for all cases of violence against 
women  which  result  in  injuries  to  women,  often  including  life-changing  injuries.  The 
petition was sent to all institutions at national and local level, by all the members of the 
Alliance. The campaign by the Alliance triggered strong reactions in the media, as well as 
a very positive response from society as a whole. The campaign was provoked by tragic 
events  and  drastic  violations  of  the  standards  of  due  diligence  by  the  State.  It  was 
immediate and timely and very much to the point. It also called for security measures and 
the protection of the rights of all citizens.  

The  first  deadline  posed  to  the  government  to  initiate  legislative  reforms  in  the  penal 
sphere  and  to  start  the  ratification  process  of  the  Istanbul  Convention  was  15  October 
2017. After a short delay, responses from the government began in November 2017. Most 
importantly,  the  government  recognised  the  need  to  first  ratify  the  Convention  by  late 
2017  or  early  2018  and  immediately  afterwards  to  finalise  the  necessary  legislative 
amendments  together  with  experts,  including  civil  society.  The  legislative  changes  also 
include  the  regulation  of  specialised  services  for  victims  of  violence.  This  was  an 
achievement by civil society and mainly by women’s organisations.  

As a result, the draft law for the ratification of the Istanbul Convention was introduced to 
the  Council  of  Ministers  on  3  January  2018  but  opposition  forces,  well  supported  by 
conservative waves from abroad, were on the rise and reacted aggressively. From the end 
of  2017,  once  information  about  the  forthcoming  ratification  process  was  available,  the 
majority  of  electronic  media,  depending  on  unknown  sources,  started  attacking  the 
Convention,  portraying  it  as  a  tool  for  introducing  the  “third  gender”  and  a  means  to 
promote education on these issues in schools. They argued that this represented a great 
risk to Bulgarian children, a way to affirm the controversial term “gender” and to introduce 
gender ideology. These media sources argued that the Convention was not in fact about 
VAW,  but  concerned  trans  and  intersex  which  they  regarded  as  “shameful  issues”.  The 
notion  of  combating  gender  stereotypes  and  stereotyped  roles  of  men  and  women  was 
also attacked as meaning that there was no limit to self- determination of people in their 
gender  identity,  including  in  different  genders,  described  as  “third  gender”.  The  same 
arguments were used by some people in the government, like the representatives of the 
United  Patriots  party  in  the  Council  of  Ministers,  and  some  other  members  of  the 
government  who  voted  against  the  decision  of  the  Council  of  Ministers  to  promote  the 
ratification of the Istanbul Convention. 

Despite this, at the beginning of 2018, on 11 January, the draft law for the ratification was 
introduced in the parliament of Bulgaria.  

47 

 
 
 
 
 
 
 
 
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 LPFD 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 for Protection from Discrimination has 
the power to impose coercive administrative measures and penal administrative sanctions. 
Coercive  administrative  measures  are  imposed  according  to  Article  76  of  the  LPFD  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 LPFD - the basic sanctions ranging from BGN 250 (around EUR 130) to BGN 2 000 
(around EUR 1 000). 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 LPFD. The procedure for awarding compensation is 
based on tort law provisions and principles (Article 45 et seq. of the Law on contracts and 

48 

 
 
 
 
 
 
 
 
 
 
 
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  the  author’s  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 LPFD 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;  and  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, this is often not sought or the procedure 
encounters  obstacles.  The  main  obstacle  is  that  in  some  instances  the  court  does  not 
recognise 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, is the access to courts safeguarded for anti-discrimination/gender 
equality interest groups or other legal entities? Please explain and refer to relevant 
legislation and case law. 

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  a  discrimination 
procedure before the court. These rights are regulated in Article 71 paragraphs 2 and 3 of 
the LPFD. 

49 

 
 
 
 
 
 
 
 
 
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.27 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 
on  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 LPFD). 

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 equality at the 
Council  of  Ministers  and  sometimes  issue  relevant  research  and  statistics,  the  social 

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

50 

 
 
 
 
 
 
 
 
 
 
                                                
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.  

51 

 
 
 
 
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 (LPFD) and to the 
establishment  of  the  Commission  for  Protection  from  Discrimination  (CPD).  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. 
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 on 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. Such discrimination in the 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 from 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 ratified the Istanbul Convention. 

52 

 
 
 
 
 
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 

53 

 
 
 
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