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:

Advising on an LCIA claim

Suppliers with less bargaining power sometimes accede to arbitration clauses which make bringing or defending a claim prohibitively expensive.

In such cases, it is especially important when acting for the potential claimant (and subject to a judgement on the overall viability of the claim), to offer a cost-effective solution to allow the claim to get off the ground. This may include assessing whether the arbitration clause is likely to be found effective or pathological, and whether it may be permissible and advisable to launch court proceedings instead (which can be more economical especially in their early phases).

It is also helpful to be able to rely on advice which is simultaneously excellent in relation to both the jurisdiction in which enforcement is likely to be sought (e.g., Bulgaria) and the jurisdiction whose governing law the parties have agreed to apply or which applies for another reason.

NBLO recently acted for a potential claimant in such a situation alongside the client's existing Bulgarian counsel to advise on the interplay of the arbitration rules of the London Court of International Arbitration (LCIA) and Bulgarian law and on the mechanics and prospects of a claim. We regularly and successfully collaborate with clients’ existing counsel to achieve the best results for such clients.

© New Balkans Law Office 2019