Employment

The labour law regulations in Bulgaria tend to be one of the most “conservative” sectors of our legislative system. On the other hand, employment is a fluid and fast-changing area of law in the EU and worldwide and this represents a challenge to local labour doctrine, court practice and legislators.

We understand that one of the crucial preconditions for our clients’ successful business operations is the wise management of their human resources and the consideration of the human factor. Our law firm can provide the adequate legal support and regulatory compliance assistance in this area by rendering informed, confidential and professional advice on the full range of employment issues. Our clients come to us to help them manage their risks and provide strategic advice on crucial employment-related issues, as well as day-to-day support.

Our key areas of employment advice include:

  • Employment relationships – drafting and negotiating employment agreements and policies; consulting and secondment arrangements; full support in lawful termination of employment relations; advice with regard to confidentiality and non-compete arrangements;
  • Restructuring – regulatory advice and practical assistance in labour related aspects of restructuring processes, as well as in redundancy procedures;
  • Mergers, acquisitions and outsourcing – advising on the employment aspects of mergers and takeovers, buyouts, outsourcings and other commercial transactions;
  • Expatriation – advising clients on immigration, related taxation issues and other legal requirements that arise when sending employees to foreign countries and recruiting from abroad;
  • Litigation – advising and representing clients in relation to all types of employment litigation, mediation and dispute resolution.

Recent work:

Stopping the improper use of insolvency proceedings

A client of our dispute resolution team (led by Kamen Shoylev and Yordan Neshkov) was recently the subject of an indirect claim by a Bulgarian bank with which this client has been engaged in a multi-stage dispute. Unusually, the bank acted through a vehicle registered in an African state, which made an unfounded claim in the tens of millions of euros against our client and sought the commencement of judicial insolvency proceedings against this client. The offshore vehicle was chosen to isolate the bank from liability and create certain evidential difficulties for our client's representation.

NBLO succeeded in terminating the insolvency proceedings, with direct loss fully awarded to our client. A second claim to recover our client's indirect losses is currently under way.

Where targeted in this way through insolvency proceedings, a company may be prevented from trading properly (e.g., by suffering restrictions on its financing or being unable to participate in public procurement).

Through our considerable experience in insolvency litigation, both entirely domestic and where there are European and cross-border elements, we are ideally placed to assist clients in resisting such attacks and recovering the real and considerable losses that may be suffered.

© New Balkans Law Office 2017