Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
Unauthorized absence from work constitutes a breach of work discipline under the Bulgarian Labour Code. The employer may impose one of the three disciplinary sanctions: (i) a remark (reprimand), (ii) a warning of dismissal, or (iii) disciplinary dismissal, depending on the gravity and recurrence of the violation. Before imposing any sanction, the employer must request the employee’s written explanation and assess all relevant circumstances .
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
The employer may appeal the medical certificate before the respective competent authority. If the document is improperly issued, the employer may potentially: (i) refuse payment for the relevant period, and/or (ii) impose a disciplinary sanction, including possible disciplinary dismissal, depending on the seriousness of the misconduct.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
Breathalyser tests may be administered only if explicitly regulated in the internal rules and policies of the company and employees have been duly informed. Disciplinary sanctions may be imposed only where a violation is proven and must be proportionate to the severity of the violation.
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
The employer may rearrange the working time by introducing flexible working hours through amendments to the internal work regulations. Introducing amendments to internal regulations may be burdensome, as it typically requires prior information and consultation with employees. Alternative options include: (i) employees taking paid annual leave, or (ii) entering into additional agreements temporarily modifying their working time arrangements. In any case, it is important that the employer explicitly regulates any absences from the workplace. If employees are informally permitted to leave the workplace, there is a risk that any incident occurring during such unofficial absence may be classified as a work-related accident. This may result in employer liability and administrative sanctions.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
Such behavior constitutes a violation of the labor discipline and often of internal rules. It may also pose security risks for the employer. If supported by adequate evidence, the employer may impose a disciplinary sanction, including disciplinary dismissal. The employer must take into account the severity of the violation and any resulting harm .
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
Typically, such behaviour will not trigger any consequences for the employee unless it represents gross misconduct causing damage to the employer’s reputation. Additionally, if the event is company-sponsored or company-organized, the employee may be subject to disciplinary sanction.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
Employees working on national holidays are entitled to receive 100% additional remuneration on top of their basic pay. If they have standard working hours and they do not work shifts they are additionally entitled to overtime pay.
3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
Any game involving paid entry and a monetary or material prize may potentially be seen as gambling, which is illegal without a licence under Bulgarian law. Such activities are typically prohibited by internal rules due to the regulatory and reputational risks they pose for the employer, and violations may lead to disciplinary sanctions.
4 May employers prohibit public displays of rival country team colours in the workplace?
Employers may not prohibit the display of symbols associated with a specific team or country only, as this may constitute unequal treatment or discrimination. However, employers may adopt a general rule prohibiting all types of public displays of sports or political affiliation in the workplace, provided the aim is to maintain workplace neutrality and the rule is applied consistently.
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
Yes. Employers must not treat employees differently on the basis of gender, origin, nationality, or ethnic background. Although proving discrimination may be challenging in practice, the risk of a discrimination claim exists if benefits are provided only to certain groups of employees.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
If employers plan to introduce any special arrangements for the World Cup period (or any other special occasions), it is advisable to reflect such options in the company's internal rules in advance, following the applicable legal procedures. Clear rules and communication about expectations and any temporary flexibilities will make the process easier and more transparent. Introducing such adjustments remains at the discretion of the employer, so, for employees, it is important to remember that even on match days, work still needs to get done and business continues as usual unless otherwise formally provided.