Bulgaria - The social impact of seasonal migration

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3. Measures regarding labour immigration – adopted to protect the Bulgarian labour market: • Amendments in the legislation regarding the admittance of foreigners as employees – a permit regime has been adopted since 1994; • Adopting legislation for the admittance of foreigners as freelance individuals – a separate permit regime is being introduced; • At the same time – ensuring the equal treatment of those foreign workers who have been admitted to the Bulgarian market. In this area, the criteria of EU legislation and the requirements of other international organisations have been covered. In addition, Bulgaria is observing and adopting in its legislation the various requirements of the EU regarding the citizens of member states and the citizens of third countries for work-related stay, for access to the labour market, for labour permission for the families of workers who have already been admitted. On the other hand, Bulgaria is adhering strictly to the equal treatment of those foreigners who have already been hired, regarding work conditions, payment, holidays, dismissal, etc. This also applies to foreigners on business trips. The Constitution of the Republic of Bulgaria and its national legislation are based on the principle of non-discrimination as provided by article 6 of the Constitution. The rights stipulated in the legislation do not refer to certain groups based on a certain characteristic, but to all citizens under the jurisdiction of the country. It means that the Bulgarian legislation recognises the individual rights and freedoms of all persons without any restrictions based on nationality, ethnic origin, race, sex, religion, education, political and other affiliation, personal, public or property status. 5.2.2. Admission of third-country nationals for paid employment The admission of foreign nationals for paid-employment and for self-employment is treated separately - in conformity with requirements of the EU acquis. The admission is regulated in the following legal instruments: • Foreign Nationals Act; • Employment Promotion Act – Chapter Eight; • Regulation on the terms and procedures for issuance, denial and suspension of foreign nationals’ work permits in the Republic of Bulgaria (SG No. 39/16.04.2002, in force from 17.06.2002) A new Employment Promotion Act has been adopted; it has been in force since 01.01.2002. According to the new Employment Promotion Act, the Employment Agency is established under the minister of labour and social policy for the purposes of 67
68 implementing the government’s policies for employment promotion, labour market protection, job brokerage for job information and hiring, vocational information and consultation, vocational and motivational training of unemployed and employed persons. The Employment Agency is an executive agency, which is a second-level spending budgetary unit under the minister of labour and social policy, and is a legal person with an official seat in Sofia. The Employment Promotion Act stipulates that foreign nationals may work on the basis of labour contracts or secondment within the framework of the provision of services in the territory of the Republic of Bulgaria upon receiving a work permit in line with the requirements of the Regulation on the terms and procedures for issuance, denial and suspension of foreign nationals’ work permits in the Republic of Bulgaria. Work permits are issued by the Employment Agency by request of a local employer. Work permits are issued to foreign nationals in accordance with the situation and development of and implied public interest in the national labour market, and in case that the total number of foreign nationals working for the local employer does not exceed 10 percent of the number of payroll employees who for the last 12 months have been Bulgarian citizens or foreign nationals granted asylum or recognised refugees. The Employment Promotion Act regulates that the Employment Agency shall maintain co-operative relations with the public employment services of other countries, responsible for the recruitment of alien workers, through exchange of information on the national labour legislation and the laws relevant to the recruitment of alien workers; Bulgarian nationals employed in the territory of the corresponding country and nationals of that respective country employed in the Republic of Bulgaria; the ascertained violations of the terms and conditions for employment; the ascertained cases of illegal work of Bulgarian nationals within the territory of the respective country as well as the respective country’s nationals in the Republic of Bulgaria. The Ministry of Labour and Social Policy and the Employment Agency are the administrative structures whose competences include the application of the current legislation governing the employment of foreign nationals. The Minister of Labour and Social Policy exercises the overall inspection on the observance of the Employment Promotion Act, as well as the other statutory regulations in the field of employment and unemployment. Specialized inspection is carried out by the General Labour Inspectorate Executive Agency under the minister of labour and social policy. Having established cases of violation, the state inspection bodies draw up statements against the offenders. The establishment of violations, and the issuance, appeal and enforcement of penalty orders must comply with the provisions of the Administrative Offences and Penalties Act.
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Migration Trends in Selected Applic
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This country report on Migration Tr
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IV factors is extremely high. The g
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VI foreigners has already reached 2
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VIII in literature and statistics.
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2 Contents: Preface . . . . . . . .
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4 Executive Summary The report foll
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6 greater attractiveness as a final
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8 Measures undertaken by the Bulgar
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10 1. Historical Overview - Migrati
Page 21 and 22:
12 a) The emigration of Bulgarian T
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14 since the late 1950s their numbe
Page 25 and 26: 16 2. Overall migration scales in t
Page 27 and 28: 18 The NSI declares that its expert
Page 29 and 30: 20 World Bulgaria mentions also tha
Page 31 and 32: 22 2.1.2. Out- Mobility - direction
Page 33 and 34: 24 Data from IOM surveys on the pro
Page 35 and 36: 26 Although not representative for
Page 37 and 38: 28 who stated they would wait for a
Page 39 and 40: 30 Data from a survey done in May 2
Page 41 and 42: 32 granted by the Bureau of the UNH
Page 43 and 44: 34 There are a few Afghan immigrant
Page 45 and 46: 36 Afghanistan, Iraq, Armenia, Yugo
Page 47 and 48: 38 An identical percentage of labou
Page 49 and 50: 40 migration with around one-fifth
Page 51 and 52: 42 "Dutch" quarter in Ardino, where
Page 53 and 54: 44 irregular Bulgarian migrants in
Page 55 and 56: 46 In 1998-2002, the Danish Embassy
Page 57 and 58: 48 4. Impact of migration movements
Page 59 and 60: 50 because seasonal migrants from M
Page 61 and 62: 52 Another impact of the increased
Page 63 and 64: 54 show that we, the Bulgarians, ar
Page 65 and 66: 56 hurt by racist remarks of doctor
Page 67 and 68: 58 5. Migration policy, legislation
Page 69 and 70: 60 Human Rights and Fundamental Fre
Page 71 and 72: 62 • The statute also reflects th
Page 73 and 74: 64 - prohibition to enter the Repub
Page 75: 66 EU member-state and a third coun
Page 79 and 80: 70 - The foreign national has speci
Page 81 and 82: 72 - The applicant has submitted do
Page 83 and 84: 74 At the same time, attempts are m
Page 85 and 86: 76 6. Integration policies and prac
Page 87 and 88: 78 6.2. Integration of immigrants a
Page 89 and 90: 80 families, but here they are not
Page 91 and 92: 82 agencies, newspaper articles and
Page 93 and 94: 84 (Weltanschauung) that leads to t
Page 95 and 96: 86 Bibliography Agency for Socioeco
Page 97 and 98: 88 Appendix 1 Tables Table A1. LEVE
Page 99 and 100: 90 Appendix 2 Map
Page 102 and 103: Appendix 4 Graphs Graph 1: Number o
Page 104 and 105: Graph 6: Applicants for refugee sta
Page 106: Sharing Experience… Accession to
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