Bulgarian legislation has provided for a number of norms that protect the interests of workers from uncontrolled dismissals. If this happens, employees can take the matter to both the courts and the Labour Inspectorate. We encourage workers victimized by wrongful termination to contact an employment law attorney to file the necessary claims to protect their legal interests.

Protection against unlawful dismissal
Each employer has the right to terminate the employment relationship with the employee only on the statutory grounds, in compliance with the norms and procedures established for this purpose. For an employment relationship to be terminated, an order must be issued by the employer, in the form prescribed by law and complying with all its requirements. The relationship itself shall be terminated from the moment of service of the order. Without service of an order, the relationship continues to exist, and if the employer does not allow the employee, then the employee owes compensation.
The law provides a procedure for challenging the dismissal before the employer itself. This is done with a written request, and when the employer does not take action, it can be taken to court.
The case itself is before the district court of the employer’s seat. The statement of claim shall be filed within 2 months from the service of the dismissal order. There are no state fees or costs in this case, only attorney’s fees. If the worker wins the lawsuit, the employer is also liable for attorney’s fees.
An action for the annulment of an unlawful dismissal is dealt with under the expedited procedure – within three months of receipt of the statement of claim. The law has provided for four actions to protect the worker in the event of unlawful dismissal:
● Claim for recognition of the dismissal as unlawful and its annulment – if the claim is granted, the termination of the employment relationship is retroactively deleted;
● Claim for reinstatement – this is conditional on the outcome of the first claim – if the dismissal is found to be unlawful then the worker can be reinstated;
● A claim for compensation for the time he was unemployed due to the unlawful dismissal – also linked to the first claim – if the dismissal is found to be unlawful and reversed, the court also awards compensation for this period;
● a claim for rectification of the reason for dismissal – this is a stand-alone claim that seeks to change the recorded reason (error in the employment record).
In the event that you are unlawfully discharged from your job, you can contact an employment law attorney to help you protect your legal rights and interests. Our firm has extensive experience in employment disputes and we can be contacted by email or on the telephone numbers listed.