Persons with Disabilities Act (PDA) was adopted and promulgated in SG, issue No. 105 dated December 18, 2018, in force as of January 1, 2019, by which the Integration of Persons with Disabilities Act was repealed.
The PDA settles the public relation related to the exercise of the rights of the persons with disabilities in the Republic of Bulgaria.
The PDA introduces the obligation of the employers to appoint employees and workers with permanent disabilities according to a quota, as follows:
- for employers with 50 up to 99 employees and workers – one person with permanent disabilities;
- for employers with 100 and over 100 employees and workers – two percent of the average number of employees and workers.
Pursuant to the Additional Provision of the PDA, “persons with permanent disabilities” are persons who have permanent physical, mental, intellectual and sensitive impairments, which in interaction with their environment may hinder their full and effective participation in public life, and the medical expertise of those persons has established type and degree of disability up to 50 % and more than 50 %.
In order to perform their obligation specified hereinabove, the employers shall notify the regional divisions of the Employment Agency about the vacancies and the necessary employees and workers, their qualification and professional skills. Within three months term as of the notification the employer shall appoint persons with permanent disabilities, in accordance with the requirements for the relevant vacancies.
In case after the expiry of the three months term, not all vacancies are occupied, the respective employer shall pay a monthly compensation contribution at the amount of 30 % of the minimum labour remuneration for the state for each vacancy for a person with permanent disabilities which has not been occupied.
The quota specified hereinabove does not include the vacancies determined as suitable for occupational rehabilitation under Art. 315 of the Labour Code, thus additional vacancies determined pursuant to the quota specified hereinabove shall be provided, which shall be occupied by persons with permanent disabilities.
The employers shall be release from their obligation to appoint employees and workers with permanent disabilities upon:
- specific factors in the work environment, which prevent the appointment of persons with permanent disabilities;
- lack of persons with permanent disabilities, directed by the relevant Labour Office Directorates or by labour mediators with a certificate of registration for performing mediation activity on employment.
The abovespecified circumstances shall be certified by the Executive Agency “General Labour Inspectorate”.
The terms and conditions for performance of the quota obligations and the monthly compensation contribution shall be determined with a Regulation for implementation of the PDA, which shall be adopted by the Council of Ministers until March 31, 2019.
Employer who has failed to perform its obligation to appoint employees and workers with permanent disabilities as per the quota, shall bear administrative liability, as a fine at the amount of BGN 1 000 up to BGN 2 000 or a material sanction of BGN 2 000 up to B GN 5000 shall be imposed to the latter. Upon a repeated violation, the fine, respectively the material sanction shall be BGN 4 000 up to BGN 10 000.