A temporary replacement contract is a specific type of fixed-term employment agreement commonly used in Bulgaria. It is concluded when an employee is hired to temporarily fill the position of another employee, often referred to as the "regular" or "titled" employee during their absence. Such contracts are commonly used during periods such as annual leaves, maternity or parental leaves, sick leaves, or retirement.
The purpose of the contract is to ensure the continuity of operations and the smooth functioning of the organization while protecting the rights of both the substitute employee and the original employee. Unlike permanent employment, a temporary replacement contract is strictly time-bound and linked to a particular event or circumstance.
Understanding when and how this contract is used is essential for both employers and employees in Bulgaria, as mismanagement can lead to unintended conversion to permanent employment or legal disputes. Such contracts are legally binding and specifically tied to the event or period requiring replacement. They allow employers to plan staffing needs without committing to a permanent employment relationship immediately.
Key Features of Temporary Replacement Contracts
- Conversion to permanent employment:
A temporary replacement contract may automatically convert into a permanent employment agreement if the substitute employee continues working after the regular employee's return date and the employer does not issue a written objection. The above apply given that the position remains available. Employers can prevent this by terminating the contract in a timely manner. - External part-time work:
Substitute employees are legally permitted to take on additional work with other employers outside their primary working hours. This is allowed under Bulgarian labour law, provided there is no conflict with the primary employment agreement.
Probationary period:
The contract can include a probationary period, during which the
employer can terminate the agreement without notice if the employee
does not meet the requirements for the role. Including a
probationary period does not automatically make the contract
fixed-term; it only provides a right to terminate within a defined
period.
Termination rules:
The contract ends automatically when the regular employee returns
to work.
The substitute employee may also terminate the contract without
notice if they start permanent employment elsewhere, providing
proof of the new employment.
In all other cases, the contract may be terminated by mutual
agreement or with notice; however, the notice period cannot exceed
the remaining duration of the contract.
Temporary replacement contracts in Bulgaria offer a flexible and
practical solution for managing workforce needs during periods of
absence or transition. They provide continuity for the
organization, while also offering legal protections for employees.
Understanding when these contracts are appropriate, the conditions
for conversion to permanent employment, the use of probationary
periods, and termination rules is crucial. Proper management
ensures operational stability, safeguards employee rights, and
minimizes the risk of labor disputes.
How Eurofast Can Help Eurofast provides practical and compliant support for employers managing temporary replacement contracts in Bulgaria. Our team assists with drafting and reviewing contracts, advising on probationary periods, notice terms, and termination rules to prevent unintended conversion into permanent employment. We also handle all related payroll and HR documentation, track return dates of the regular employee, and ensure that each step follows Bulgarian labour legislation. With Eurofast's guidance, companies maintain continuity, reduce compliance risks, and manage their workforce with confidence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
