Bulgaria - The social impact of seasonal migration

Any employer who hires a foreign national without a work permit on the basis of a
labour contract or a foreign national working without a work permit, shall be imposed
a fine or property sanction respectively in the amount under Article 48 of the Foreign
Nationals Act.
Administrative liability in cases of legal violations:
- A fine of 500 to 5 000 levs is imposed on natural persons - employers who hire foreign
workers without a work permit; the fine may rise to 1 000 to 10 000 levs in cases of
repeat violations (Article 48 of the Foreign Nationals Act).
- The penalty for legal persons who employ foreign workers without a work permit is a
20 000 levs fine; the fine may be increased to 40 000 levs in cases of repeat violations
(Article 48 of the Foreign Nationals Act).
- A foreign national working without an employment permit must pay a fine of 500 to
5 000 levs, and in cases of repeat violations it may rise to 1 000 to 10 000 levs (Article
48 of the Foreign Nationals Act).
The Regulation on the terms and conditions for issuance, denial and suspension of foreign
nationals’ work permits in the Republic of Bulgaria adopted by the Council of Ministers
in April 2002 repeals the Regulation on the Terms and Procedures for Work Permit
Issuance to Foreign Nationals in the Republic of Bulgaria (adopted by Council of
Ministers Decree No 267/1992, SG No. 4/1993; amended SG No’s 56/1994, 43/1996, 64 and
120/1997).
The new Regulation is in conformity with the acquis, in particular with Council
Resolution of 20 June 1994 on limitations on admission of third-country nationals to the
territory of the member states for employment.
The Regulation sets out the terms and procedures for issuance, denial and suspension
of foreign nationals’ work permits in the Republic of Bulgaria, the cases of exemption
from work permit issuance of foreign nationals in the Republic of Bulgaria and the total
duration of employment permissible. A work permit may be issued to a person hired
under an employment contract by an employer as defined in the Labour Code or to a
person seconded on the basis of provision of services in the Republic of Bulgaria. The
work permit is valid only for a particular employer - legal or natural person - and in a
location, position, type and period of employment specified in the permit.
A work permit for hiring a foreign national under an employment contract may be
issued in accordance with the situation and development of and implied public interest
in the labour market in the following cases:
- The local employer has presented proof of having actively sought for a period no
shorter than one month a suitable applicant on the labour market, including at the
Labour Office Directorate of the Employment Agency and by advertising the job in the
national and local mass media;
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