COVID-19 vaccination and testing in Bulgaria - employment law perspective

  1. Vaccination
    1. 1. What options does the employer have to encourage employees to be vaccinated? Can the employer provide a financial incentive to employees? 
    2. 2. Is the employer obliged to offer vaccines (or can it voluntarily offer vaccines) to employees? Is the employer obliged to support (or can it voluntarily support) third parties or governmental institutions providing vaccines to employees?
    3. 3. Can the employer verify which of its employees have been vaccinated? If yes, can the employer make record of these vaccinated employees?
    4. 4. Does an employee have a duty to inform the employer whether or not he or she has been vaccinated?
    5. 5. Can the employer oblige employees to be vaccinated as a condition of employment? If yes, specify under what conditions. Include in your answer to what extent the nature of an employee's work activities or position is pertinent (e.g. does it matter whether the employee can work remotely?).
    6. 6. Can employees refuse to be vaccinated? If so, is the employee obliged to give the reasons for refusing? 
    7. 7. Can the employer refuse to admit employees into the workplace if they are not vaccinated (i.e. is it possible to make two categories of employees)?
    8. 8. Can the employer instruct non-vaccinated employees to perform different duties? If so, under which circumstances?
    9. 9. How should international business travel be managed? Include any local requirements where proof of vaccination is necessary to enter your jurisdiction.
    10. 10. Which points of discussion or developments are expected in the future? Include any relevant new legislation that will or could be introduced. 
  2. Testing
    1. 1. Can an employer oblige an employee to take a COVID-19 test? If so, is the employer required to provide workplace COVID-19 tests? If not required, can it opt to do so voluntarily? 
    2. 2. If the answers to the previous questions are yes, how often is the employee obliged to take a test? Can tests be performed by the employer's medical personnel or must they be done by a professional third party?
    3. 3. Is an employee obliged to share the outcome of a positive COVID-19 test with the employer?
    4. 4. Can an employee refuse to be tested? Should testing become a mandatory condition of employment?
    5. 5. Can an employer assign different duties to employees who are unable to present a negative COVID-19 test before entering the workplace?

Vaccination

1. What options does the employer have to encourage employees to be vaccinated? Can the employer provide a financial incentive to employees? 

The employer may provide information and raise awareness of the benefits of the COVID-19 vaccination. The employer may allow employees to be vaccinated during work hours and count the time as working time.

The employer cannot provide financial incentives to employees to receive vaccinations since this may raise discrimination issues. 

2. Is the employer obliged to offer vaccines (or can it voluntarily offer vaccines) to employees? Is the employer obliged to support (or can it voluntarily support) third parties or governmental institutions providing vaccines to employees?

Employers are not obliged to offer vaccines to the employees, nor are they obliged to support third parties or governmental institutions providing vaccines to their employees. The employers can arrange this on a voluntary basis.

3. Can the employer verify which of its employees have been vaccinated? If yes, can the employer make record of these vaccinated employees?

No, the employer cannot ask the employees whether they have been vaccinated, nor can the employer ask the employees for proof of vaccination.

4. Does an employee have a duty to inform the employer whether or not he or she has been vaccinated?

No, employees do not have a duty to inform the employer of their vaccination status.

5. Can the employer oblige employees to be vaccinated as a condition of employment? If yes, specify under what conditions. Include in your answer to what extent the nature of an employee's work activities or position is pertinent (e.g. does it matter whether the employee can work remotely?).

No, employers cannot make vaccination against COVID-19 mandatory. The vaccination status of a person cannot be a condition of employment.

6. Can employees refuse to be vaccinated? If so, is the employee obliged to give the reasons for refusing? 

Yes, employees can refuse to get vaccinated and do not need to provide reasons for their refusal. There is no current obligation for employees to get vaccinated against COVID-19. 

7. Can the employer refuse to admit employees into the workplace if they are not vaccinated (i.e. is it possible to make two categories of employees)?

No, the employer cannot refuse to admit employees at the workplace if they are not vaccinated. However, the employer may refuse to admit employees who show COVID-19 or flu-like symptoms.

8. Can the employer instruct non-vaccinated employees to perform different duties? If so, under which circumstances?

No, the employer cannot instruct non-vaccinated employees to perform different duties.

9. How should international business travel be managed? Include any local requirements where proof of vaccination is necessary to enter your jurisdiction.

Currently, there are no local requirements under which proof of vaccination is necessary. The current government order valid until 30 April 2021 prescribes that persons from a list of countries (including all EU members, Serbia, Macedonia, Albania, Israel, Turkiye, Canada, Australia, Japan among others) may enter the territory of the Republic of Bulgaria after showing a negative result from a PCR test conducted up to 72 hours before entry into the country. Bulgarian citizens or persons with permanent or long-term residence status and members of their families who enter the country without a PCR test will be placed under quarantine for a period of ten days. If those persons obtain a negative PCR performed within 24 hours of entry into the country, their quarantine may be revoked.

10. Which points of discussion or developments are expected in the future? Include any relevant new legislation that will or could be introduced. 

 Currently, there is no indication that the Bulgarian government will propose a new legal framework for vaccinations and testing vis-à-vis employment.

Testing

1. Can an employer oblige an employee to take a COVID-19 test? If so, is the employer required to provide workplace COVID-19 tests? If not required, can it opt to do so voluntarily? 

The employer cannot oblige employees to take a COVID-19 test. If the employer wants to introduce regular COVID-19 testing, it would first need to obtain the consent of its employees. In this case, the employer would be expected to cover the expenses of the tests.

2. If the answers to the previous questions are yes, how often is the employee obliged to take a test? Can tests be performed by the employer's medical personnel or must they be done by a professional third party?

 N/A

3. Is an employee obliged to share the outcome of a positive COVID-19 test with the employer?

An employee has no legal obligation to share the outcome of a positive COVID-19 test with the employer. In case of a positive COVID-19 test result, however, the employee is obliged to stay in quarantine according to government orders.

4. Can an employee refuse to be tested? Should testing become a mandatory condition of employment?

The employee can refuse to get tested, which is not a mandatary condition for employment at this stage.

5. Can an employer assign different duties to employees who are unable to present a negative COVID-19 test before entering the workplace?

No.