HIRING NON-EU, EEA, AND SWISS CONFEDERATION CITIZENS UNDER AN EMPLOYMENT CONTRACT

Hiring Non-EU, EEA, and Swiss Confederation Citizens Under an Employment Contract

This publication is intended for employers who wish to hire citizens from other countries who:
- Are not members of the European Union
- Are not part of the European Economic Area and the Swiss Confederation
- Do not have a bilateral agreement with Bulgaria
Moreover, the foreigners must not have any of the following statuses:
- Refugee status
- Permanent resident status or other status that allows permanent settlement in Bulgaria and allows the hiring of the person under an employment contract.
Though not entirely correct terminologically, I will refer to individuals meeting the specified criteria as "foreigners" below.
I will start by stating that the procedure for hiring foreigners entails several requirements for the employer. Firstly, my company should have "experience." Next, it should already have at least 10 employees who are Bulgarian citizens. It is a mandatory requirement to maintain the ratio of one foreigner to 10 Bulgarian citizens in the average number of employees hired under employment contracts.
The hiring procedure begins with an advertisement at the employment office, for which the employer submits an application form. It specifies the position (following the National Classification of Occupations and Positions requirements) and the available job openings for this position.
The same advertisement should also be published in at least two print and electronic publications, where job ads are most commonly posted. This job advertisement describes the important qualities that the desired employee must possess. These can include a diploma from a specific school, college, or university, proficiency in a rare or exotic language, or other specific skills. If no suitable candidate, Bulgarian or European citizen, emerges for the position within two weeks, neither from the employment office advertisement nor the other advertised ads, the employer has the right to seek candidates from third countries (which are not members of the EU, the EEA, the Swiss Confederation, or countries with bilateral agreements with Bulgaria).
When a foreigner appears for the vacant position, they must meet the criteria listed in the advertisement. To prove that this foreigner is suitable for the position, various evidence should be presented, such as translated and legalized diplomas, certificates from completed courses or acquired skills or qualifications, language proficiency certificates, recommendations from previous employers, copies of documents proving the required experience, and more. The enumeration is illustrative and non-exhaustive. Each employer with a specific need for a specific worker could determine for themselves what kind of candidate they need. When defining the requirements for the job, it is also determined what documents confirm that this particular specialist can meet these requirements.
Once the search for a specialist is complete and the only suitable candidate turns out to be a foreigner (for example, a restaurant is looking for a chef for Taiwanese cuisine and cannot find someone with the appropriate skills anywhere except in Taiwan, or a company is looking for a managerial candidate, fluent in exotic languages like Arabic, Azerbaijani, etc., with a diploma from a specific university to manage regional business development precisely in these countries), the hiring procedure begins. It is here that the employer might get caught in a vicious circle. On one hand, to be legally hired in Bulgaria, this person must have a work permit. On the other hand, to receive a work permit, they must have a guaranteed job. This "vicious circle" has its way out.
To adhere to both Employment Agency and Migration Directorate requirements, the procedure involves dialogue with these institutions.
To the Employment Agency through the employment office, an Application - Declaration is submitted, which specifies the suitable candidate, describes their nationality, what position they will hold here, and what duties they will perform as stated in the advertisement. A reasoned explanation is provided for why exactly this person meets the employer's requirements, and this explanation is supplemented with the aforementioned translated and legalized documents—diplomas, certificates, recommendations, ID card, address registration in Bulgaria, three copies of the labor contract, etc. An expert from the employment office reviews the explanatory note and the evidence attached to it and gives an opinion on the hiring. It then sends the Application - Declaration and its attachments, along with its opinion, to the Employment Agency, which grants or denies the foreigner's employment.
The Employment Agency's permission for hiring the foreigner is a mandatory condition for validating the employment contract concluded with them. If such permission is not obtained or missing, the employment relationship is deemed not to have arisen, and the contract with the worker is considered invalid. The nullity can be declared at any time by competent state authorities.
At first glance, it seems these conditions contradict the Labor Code. The contradiction does not actually exist. The procedure's idea is that the contract is concluded, but before receiving permission from the Employment Agency, it simply has not come into effect. To avoid any misunderstandings, it should be stated in the contract (according to us) that it will come into force upon receiving permission from the Employment Agency.
According to Bulgarian legislation, every individual hired under an employment contract (and not only) in Bulgaria is subject to mandatory social and health insurance. Since the foreigner still does not have a UCS (Unified Civil Status) number or a UIN (Unified Identification Number) like Bulgarian citizens, they cannot be reflected in the registers of the NRA and NSSI for transferring taxes and social security contributions for insured social and health risks. To resolve this issue, based on their address registration, the foreigner submits an application form at the corresponding territorial division of the NRA, from where they receive a foreigner's number. With this number, the foreigner can be entered in the NRA and NSSI registers, and social security contributions and taxes are transferred to the foreigner's account under this number. This number is necessary for the employment contract with this foreigner to be declared with the NRA, according to Art. 62 of the Labor Code.
The next element of the procedure is the Migration Directorate's permission for residence in Bulgaria. Migration Directorate's officials will request a work permit from the Employment Agency, as well as visa D, which grants the right to work in the Republic of Bulgaria. Additionally, they will ask for labor contracts concluded with the employer and the worker's address registration. An application form is submitted to the Migration Directorate, and an administrative service fee is paid. They then review the application and issue a permit or refusal for a residence permit. Based on the residence permit, work visa, and permission for employment in a specific position with a specific employer, the foreigner can start legally working here.
After receiving a residence permit in Bulgaria, if the foreigner's personal number differs from the number provided by the NRA, the number provided by the NRA should be canceled by submitting an application for cancellation of the registration.
Finally, instead of a summary, I will briefly repeat the mandatory steps to be taken?
1. Securing a work visa for the foreigner
2. Advertisement at the employment office for the specific position
3. Address registration of the foreigner in the "Esgraon" department at the respective municipality
4. Based on this address registration, a valid labor contract is concluded, which serves as the basis for residence permission and permission to start work with a specific employer
5. Submitting an application to the relevant NRA TD for obtaining a foreigner's number
6. Submitting an application to the Migration Directorate for obtaining a temporary residence permit.