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In this way, you will have the right to participate in the National Council for Tripartite Cooperation, to be included in the formal discussion of the country’s social and economic policy, as well as to enjoy all the other rights that you will receive with the recognition of BRAIT as an employer organization. . .
However, for an employers’ organization to be recognized at the national level, it must meet several formal criteria. One of which is quantitative: the number of members and the jobs these members create. The other is for the organization to be registered in the Register of Trade Unions and Employers’ Organizations of the respective district court at its headquarters, in this case at the Sofia City Court (SCC).
It turns out that there is a problem with both criteria, which makes recognition of the organization inadmissible. An inspection of Economic.bg shows that the Association “Association of Bulgarian Employers of Innovative Technologies” BRAIT “is registered in the Register of Non-Profit Legal Entities of the Registration Agency of the Ministry of Justice in 2019 with UIC 175816050. But not in the registration of Article 49, para. 1 of the Labor Code. And this is a mandatory condition, there is even the condition that the registration must take place three years before the application. And since the registration of trade unions and employers’ organizations is valid from January 1, 2018, the first organization can only formally apply on January 1, 2021.
With modification and supplement of art. 49 of the Labor Code (SG promulgated, number 59 of 2018) the five existing employers ‘organizations – BICA, CEIBG, BIA, BCCI and SSE, automatically retained their status as legal entity without being registered in the register of unions and employers’ organizations to the respective district court in your seat. However, BRAIT had no legal personality to maintain.
As mentioned above, BRAIT is a non-profit association designated to carry out activities in the public interest. This type of association is regulated especially and only by order of the Law of Non-Profit Legal Entities. Due to the fact that their activities are in the public interest and not those of their members, they enjoy a series of tax and other benefits, have specific objectives and are subject to special responsibility. And on this basis there is an absolute obstacle for BRAIT to be considered an employers’ organization within the meaning of art. 49 CT.
According to a lawyer with whom Economic.bg consulted the case, the formal breach of the above criteria makes the registration of Rosen Plevneliev’s association impossible.
Rosen Assenov Plevneliev is the President of the Republic of Bulgaria and former Minister of Regional Developmentwithout breaking the law.
According to sources at Economic.bg, pressure is exerted on the Ministry of Social Affairs and even on other recognized employers’ organizations to also recognize BRAIT, albeit in violation of the law.
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