Ordinance No 5 dated 20.04.2006 on provision ofhealthy and safe labour conditionsto workersemployed underfixed-termlabour relationsortemporary labour relations
Issued by theMinister of Labour and Social Policy, promulgated SG, Issue 43 dated 26.05.2006, as amended and supplemented, Issue 19 dated 26.02.2013.
Section I
General
Article 1.This Ordinance determines theadditional requirementsforprovision ofhealthy and safe labour conditionsto workersemployed underfixed-termlabour relationsortemporarylabour relation.
Article 2.This Ordinance subject to application at:
1. all enterprisesand locationspursuant to Article 2 of theHealth and Safety at Work Act, for workers employedunder e fixed-termlabour contract:
a) for a specific term;
b) until completion ofthe specified work;
c) for substitution of worker oremployee, absent from work;
d) forperformance of temporary, seasonal, orshort-term worksandactivities;
e) (New - SG, Issue 19 dated 2013) for work at a positionawarded based upon competition;
f) (New - SG, Issue 19 dated 2013) for specified mandate;
2. (As amended - SG, Issue 19 dated 2013) in all enterprises, using workersand employees, sent by enterprisesproviding temporary employment.
Article 3. (1) (As amended - SG, Issue 19 dated 2013) The employershiring workersor employeesunderfixed-termlabour relations, and the enterprisesusing workersand employeesdirected by an enterpriseproviding temporary employment, are obligated toprovidehealthy and safe labour conditionsand similar level of protectionfromproduction risksto all workers and employees.
(2) Upon execution of activitiesfor provision ofhealthy and safe labour conditionsthe personsspecified pursuant to Paragraph 1 are obligated to observeall requirements contained in the legislationin the fieldofhealthy and safe labour conditions.
Section II
Specific regulations
Article 4. (1) Prior to commencement of workthe persons pursuant to Article 3 , Paragraph 1 are obligated to:
1. provideworkers and employeesinformation regarding:
a) risks to health and safety, as well as measuresadopted for elimination, reduction, andcontrol of specified risks;
b) requisite professional qualificationor skills forperformance of work;
c) requisite medicalexaminationspursuant to the provisions ofOrdinance No 3 dated 1987 onmandatorypreliminary andperiodicmedical examinationsof workers;
. provide workers and employeessuitable trainingor instructionsregarding thehealthy and safe labour conditionsin line with the specificsof each workplaceand their qualificationsand professional experience.
Article 5.(As amended - SG, Issue 19 dated 2013) The persons pursuant to Article 3, Paragraph 1 are obligated to provideto own accountmedical monitoring ofworkers andemployeesemployed underfixed-term labour relationsorunder conditions oftemporary workpursuant to the provisions ofOrdinance No 3 dated 1987 onmandatorypreliminary andperiodicmedical examinationsof workers.
Article 6.(As amended - SG, Issue 19 dated 2013) For organization ofperformance of activitiesconnected to protection fromoccupational risksand prevention of said risks, the persons pursuant toArticle 3, Paragraph 1 inform theofficials andspecialized servicesin theenterprises, as well as the workers and employees,regarding the appointment of workersemployed underfixed-termlabour relationsor under the conditionsoftemporary work.
Article 7. (1) (As amended - SG, Issue 19 dated 2013) The enterprises usingworkers and employeesdirected by enterprises providingtemporary work, are obligated in advance to:
1. (As amended - SG, Issue 19 dated 2013) determine the type ofwork andworkplacesfor execution of temporary work;
2. (As amended - SG, Issue 19 dated 2013) notify the enterpriseproviding temporary employmentregarding thespecific characteristicsof the workplace, professional risks, andrequiredprofessional qualifications.
(2) (As amended - SG, Issue 19 dated 2013) The enterprise providing temporarywork:
1. provides information regarding theconditions pursuant toParagraph 1 to theinterestedworkers and employees;
2. (As amended - SG, Issue 19 dated 2013)includes in thelabour agreementthe conditions pursuant toParagraph 1.
(3) (New - SG, Issue 19 dated 2013) The information pursuant to Paragraph 1, Item 2 is directedvia:
1. the internetaccompanied by e-signature, when the user enterprisepossessesa certificate for universal e-signature, or by explicitly authorized person, possessinga certificate for universal e-signature;
2. registered letterwith return receipt for confirmation of delivery.
Article 8.(As amended - SG, Issue 19 dated 2013)The enterprisesusingworkers andemployeesdirected by enterprisesprovidingtemporary workare liable forperformance of their obligationsfor provision ofhealthy and safe labour conditions.
ADDITIONAL REGULATION
§ 1.(As amended - SG, Issue 19 dated 2013)Within the meaning of this Ordinance:
1. "Enterpriseprovidingtemporary work" is the enterprise pursuant to § 1, Item 17 of theAdditional Regulations of theLabour Code.
2. "User enterprise" is the enterprise pursuant to § 1, Item 18 of theAdditional Regulations of the Labour Code.
CONCLUDING REGULATION
§ 2.This Ordinance is issued on the grounds ofArticle 36, Item 2 of theHealth and Safety at Work Act.
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ADDITIONAL REGULATIONto theOrdinancefor amendment and supplementation of
OrdinanceNo 5 dated 2006 on provision of healthy and safe labour conditions to workers employed under fixed-term labour relations or temporary labour relations
(SG, Issue 19 dated 2013)
§ 5. Everywhere in the text of the Ordinance the text "using workers andemployeesdirected by enterprisesproviding temporary employment" is replaced by "users ofworkers andemployeesdirected by enterprisesproviding temporary work".