Working on extra labor

In practice, more and more often we have to deal with labor law cases of employees working on additional work. The reasons for this may be long-term absences of various nature, business trips, work on projects and others. Therefore, I apply some of the basic regulations when working on more than one employment contract and their specifics, which we must not forget.

Art. 110. (Amended – SG No. 100 of 1992) The worker or the employee may enter into an employment contract with the employer for whom he works, for the performance of work that is not within the scope of his employment duties, outside of what has been established for him work time.

1. Application of this provision requires work to be performed outside of the employee’s established hours.
2. The provision applies when the employee occupies a vacant or vacant position.
3. If the position is the same, a contract based on Art. 110 of the Civil Code is inadmissible.

Art. 259. (1) (Amend. – SG No. 100 of 1992) When a worker or an employee fulfills the position or work of an absent worker or employee, he enjoys the rights for that position or work, including the labor remuneration, if this is more favorable to him. If he also performs his work or position during this time, he is also entitled to additional remuneration, which is agreed between the parties to the employment relationship.

(2) (Amended – SG No. 100 of 1992) The rights under the preceding paragraph cannot be used by a worker or an employee who is a substitute for the absent person.

(3) (Amended – SG No. 100 of 1992) Substitution under paragraph 1 is carried out with the consent of the employer and the worker or employee, expressed in writing. The absence of a written form is not an obstacle for the worker or employee to receive the compensation for the substitution.

1. In the case of replacement under Art. 259 of the Civil Code, it is inevitable that there is an absent worker or employee whose work has to be performed by another worker/employee of the employer.
2. Workers and employees who are substitutes for the absent person cannot benefit from the leave under Art. 259, para. 1 of the Labor Code. These are the positions whose names are preceded by the designations “deputy-“, “assistant”, “sub”-, etc., or are independently determined managerial positions which, according to a normative act, statute, partnership agreement, other organizational act or approved company characteristic should perform the functions of a deputy in the absence of the holder of a certain position.
3. The application of this provision requires that the replacement be performed within the normal duration of the established working hours, i.e. the conditions of the employment relationship in the main work of the conciliator remain unchanged.
4. The provision of Article 259, paragraph 1 of the Civil Code could not apply to the so-called “internal compatibility” when the worker or employee performs the duties of another vacant position.
5. In accordance with the size of the work and subject to compliance with the requirements for education, legal capacity, qualification, work experience and other two or more positions can be combined into one, and the resulting duties are reflected in the job description and are performed within working hours – for example “driver”, supplier, host and courier”. In this case, the provisions of Articles 110 and 259 of the Criminal Code do not apply

Art. 111. (Amended – SG No. 100 of 1992, amended – SG No. 25 of 2001, in force from 31.03.2001, amended – SG No. 62 of 2022 , in force from 01.08.2022) The worker or the employee may enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless a prohibition has been agreed in his individual employment contract under his main employment relationship due to trade secret protection and/or conflict of interest prevention.

Fixed-term employment contracts  (Title amended – SG No. 25 of 2001, in force from 31.03.2001)

Art. 68. (1) (Amended – SG No. 100 of 1992, previous text of Art. 68, add. – SG No. 25 of 2001, in force from 31.03.2001) Fixed-term labor a contract is concluded:
3. (amended – SG No. 100 of 1992) to replace a worker or employee who is absent from work;

Employment contract for work on certain days of the month  (Title amended – SG No. 15 of 2010)

Art. 114. (1) (New – SG No. 25 of 2001, in force from 31.03.2001, amended – SG No. 108 of 2008, amended and supplemented – SG No. 15 of 2010, previous text of Art. 114 – SG No. 107 of 2020) An employment contract may also be concluded for work during certain days of the month, and this time is recognized as seniority.

Todor Stoev / Expert, information assurance

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