Examples of why violations happen:
- Lack of information and knowledge regarding the rules
- Lack of administrative capacity
- Complicated collective agreements
- Culture of distrust
- An expectation of lower prices
Examples of why violations happen:
In connection with inquiries received from France via the Internal Market Information System (IMI), a company registered in the Republic of Bulgaria was inspected. The company holds a certificate to carry out a temporary employment business and sends its employees to work in the agricultural sector in France. The inspection revealed violations of the terms and conditions for the posting of employees in the framework of the provision of services, such as missing details in employment contracts with the persons concluded up to the completion of a particular job, accrual, and payment of wages less than the minimum rate of pay in France among others. As a penance for the established violations, compulsory administrative measures were taken, administrative punishment was sought, and three acts of administrative violation were drawn up.
An inspection was carried out in a company registered in the Republic of Bulgaria, again in connection with a request from the Republic of France through IMI, which found violations in the posting of workers. The posted workers experienced non-payment of remuneration, an increase in overtime working hours in France and no additional agreement to amend the existing employment relationship for the period of secondment. As a penance for the violations, compulsory administrative measures have been taken and administrative punishment has been sought by four acts of administrative violation.
In connection with a request from Austria via IMI, a company registered in the Republic of Bulgaria was inspected. Violations were found in connection with the posting of workers in the framework of the provision of services, incl. missing requisites in the additional agreements for amendment of the existing labour relations upon posting under Art. 121a, para. 1, item 1 of the Labour Code, as well as the absence of insurance against the risk of “accident at work” for the posted workers. For the established violations, administrative measures were imposed, administrative penal responsibility was sought, and an act for establishing an administrative violation was drawn up.
An inspection was carried out in a company registered in the Republic of Bulgaria in connection with a signal received from a worker, posted in Germany. From the documents submitted, it was established that the person had worked without any contract of employment and no agreement about his posting were established. The employer is being held accountable administrative responsibility.
An inspection was carried out in a company registered in the Republic of Bulgaria. It was discovered that the employer had posted in the framework of the provision of services on the territory of another EU member state – the Czech Republic. The employer had contracts with workers from a Company registered in Slovakia, without having an agreement with them to change the employment relationship for the period of the posting. The employer did not inform the workers in advance of the working conditions in the host country, which were published on the common official national website of the country concerned, no later than one business day prior to the start date of the mission. Also, the employer has not charged and paid the posted workers the required minimum wage or minimum rates of pay established for the same or similar work in the host country for January and February 2018.
A company registered in the Republic of Bulgaria has not charged and paid the posted person providing services in the territory of another EU-member state (Czech Republic). The posted worker has not received less than the minimum wage or the minimum rates of pay established for the same or similar work in the host country for February, March, April and May 2018.