What should you know about the obligation of the employer to return the employment record book to the employee after termination of the employment relationship?

Under the Bulgarian Labour Code, the employment record book is an official document, which contains information regarding the employment history of the employee.

Upon termination of the employment relationship, two obligations arise for the employer: to enter the relevant data regarding the termination and to return the employment record book to the employee. The necessary data to be entered is regulated by the Ordinance for the employment record book and the employment experience. After its entrance, the employer is obliged to return, i.e. physically to give the record book in possession of the employee. The entrance of the data and the return of the record book shall be done “immediately”, i.e. quickly without any delay, which means on the date of termination of the employment relationship. On the date of termination, these two obligations of the employer become due and shall be fulfilled. In order the employer to fulfill these obligations, the employment record book shall be at his possession at the time of termination of the employment relationship.

When the employee has given the record book to the employer in advance, the obligations of the employer to enter the data and to return it become due on the date of termination of the relationship. If not fulfilled, the employer is in default from this date.

If the employee provides the record book after the date of termination of the employment relationship, the obligations of the employer become due on the date when the employee delivers the record book to the employer. If the employer does not fulfill its obligations on that date of deliverance, then he is in default.

When the employee has not received the record book, in order to avoid responsibility, the employer shall notify the employee via letter (with receipt for acknowledgment) when the employee can receive it in personal. If the employer has fulfilled this procedure, the retention of the record book, is not illegal. The record book cannot be sent via post services or delivered to other third person except if the employee has given its explicit written consent.

Illegal retention of the record book shall be when the employee has provided its record book to the employer for entrance of the necessary data and the employer has not returned it immediately. The employer is obliged under the Labour Code to pay a compensation to the employee considered as of the date of termination of the employment relationship when the record book is in possession of the employer, and considered as of the date of deliverance of the record book to the employer when the latter is in possession of the employee.