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:
Atanas Alexandrov Kozhuharov was appointed under an employment contract with the applicant as an “international driver”. The person has completed courses in other EU member states – Germany, France, Switzerland, Austria and Italy. In order to carry out its activities, the employee should have been posted in the framework of providing services within the meaning of Art. 121a, para. 1 of the Labor Code because of the Regulation on the terms and procedure for the posting and sending of employees in the provision of services (the Ordinance).
In this connection, the employer of Atanas Alexandrov Kozhuharov is obliged, in the context of the provision of services, to postpone the assignment of the employees assigned to the position of “international transport driver”, to conclude an additional agreement to modify the existing employment relationship between the parties for the period of secondment and should charge and shall pay the agreed remuneration but not less than the minimum wage or minimum rates of pay established for the same or similar work in the host State for the purpose of January period of secondment. With the mandatory instructions issued by the Labor Inspectorate, the employees will receive a salary not less than the minimum for the host state, which will directly affect the insurance contributions, which so far have been providing the minimum wage for the country, as for the days on business trips in Italy received only mission money.
EA General Labor Inspectorate found that Igor Mihaylovski was employed under an employment contract with his employer in the position of “truck driver 12 tons and more”. As soon as the employee’s employment rights are safeguarded, the employment relationship is terminated by an employer’s order. The person has been running courses in other EU Member States – Sweden, Denmark, Finland, the Netherlands and Italy, etc. an order issued pursuant to the Ordinance on official missions and specializations abroad, with a specific daily allowance of EUR 54 for a period of 78 days. By an Ordinance issued on the ground. Ordinance on business trips in the country and abroad, the person has fulfilled a route: Sweden, Denmark, Finland, Italy and others, with a daily allowance of EUR 54. During the administrative procedure, nine statements of bank transfers made to Igor Mihaylovski’s account for salary and mission money, with a specific date and amount of the amount, were presented. The administrative authority has accepted that, in order to carry out its activities, the employee is seconded in the framework of providing services within the meaning of Art. 121a, para. 1 of the Labor Code because of the Regulation on the terms and procedure for the posting and sending of employees in the provision of services (the Ordinance). In that regard, the employer is obliged, when a servant is posted in the framework of the provision of services, to conclude an additional agreement to modify the employment relationship existing between the parties during the period of secondment and to prevent the posting of workers in the framework of the provision of services, where no agreement under Art. 2, para. 1 of the Ordinance.
In this video, Stelian Lenci (Romania) shares his working experience on a hotel in Italy.