ELA EU Pay Directive
BULGARIA
Application
Under local law, who are considered to be workers?
The draft does not introduce a standalone definition of "worker" for the purposes of pay transparency. Under Bulgarian labour law, "workers and employees" are persons employed under employment relationships, i.e. persons engaged under employment contracts governed by the Labour Code.
Has local legislation clarified what should be considered as "pay structures"?
Under the current law in force the pay structure consists of base salary, additional compensation (which may be provided in cash or in kind) such as overtime pay, seniority-based pay, benefits, bonuses etc.
Has local legislation clarified how employers should categorise "work of equal value"?
Employers will be required to classify work of equal value using the criteria of are intensity, complexity, responsibility, and working conditions for the specific job or position, in accordance with the established standards for the quantity and quality of work and the duration of the work performed, as set out in the draft legislation.
Recruitment and job applicants
What information must an employer provide to job applicants in relation to pay (i.e. what does "initial pay range" include – basic pay, bonus, family leave payments, pension, stock options, etc)?
The draft legislation will require every employer to share the pay range and any applicable collective agreement terms with job candidates before recruitment. The initial pay range will include the initial remuneration – basic pay or its range, and any permanent additional payments.
How and when must this information be provided?
In the draft legislation it is not specified how and when the employer should provide the required information to the job applicant
Does the salary history ban apply equally to internal candidates?
The prohibition on requesting salary history applies only to remuneration received from previous or other employers
Can employers' use salary history information already known to them when determining salaries for internal hires/ promotions?
This is a matter that is not addressed in the draft legislation.
Does local law require that the job vacancy notices and job titles are gender neutral?
Yes. The draft legislation includes a provision requiring that job vacancy notices and job titles be gender neutral.
Transparency of pay and pay progression policy
What information must an employer make available to workers about workers’ pay, pay levels and pay progression under local law?
Employees may request written information regarding their remuneration and average pay levels in the company for employees performing the same work or work of equal value, broken down by gender.
How should this information be provided?
The information should be provided in writing, in a format accessible to persons with disabilities
Has local law clarified what are the "objective and gender-neutral criteria" that should be used to determine pay, pay levels and pay progression?
Yes. Intensity, complexity, responsibility, and working conditions inherent to the specific job or position, in accordance with standards for quantity and quality of work and duration. These criteria apply to both pay determination and pay progression The explanatory notes to the draft law state that the competent authority responsible for monitoring compliance should develop a methodology for assessing work of equal value and for analysing the causes of the gender pay gap.
Are there any exemptions based on headcount?
No headcount threshold for the obligation to provide pay level information to employees. All employers are subject to these obligations.
Individual rights to pay information
A worker is entitled to request and receive information on:
- their individual pay level; and
- the average pay levels broken down by sex for workers performing the same work as them or work of equal value to theirs
What is considered to be "pay" for the purpose of this provision?
"Pay level" is the annual gross remuneration and the corresponding gross hourly remuneration. As it does not expressly include or exclude any specific remuneration components, further amendments or guidance may be required to provide greater clarity.
Can any pay components be excluded for the purposes of calculating gross hourly pay (for example, can voluntary benefits, stock options or "pay" components that do not appear on a payslip be excluded?)
The draft does not expressly exclude or include any component of gross remuneration. Further amendments or guidance may be required to provide greater clarity.
Within what period of time must the information be provided?
Every employer should provide the information within 2 months, and must respond to any clarification request within 14 days of the initial pay information answer. It should be noted, however, that the proposed amendments to the Labour Code contain a separate provision requiring employers to respond to an employee's information request within 14 days. The information that may be requested includes the average level of remuneration within the undertaking for employees occupying the same job level. This appears to overlap with the information that may be requested under the LPAD, although the applicable deadlines differ.
How should this information be provided?
This information must be provided in writing.
Are there any exemptions based on headcount?
There are no available exemptions. Individual information rights apply to all employers regardless of size
Is a worker entitled to request this information individually and/or through workers representatives and/or through an equality body?
The employee could request the information individually, through the trade union of the company or through the Commission for Protection Against Discrimination.
What rights does a worker have where the information is alleged to be inaccurate or incomplete?
The employees have right to ask for clarifications.
Does an employer need to inform workers of their entitlement to request this information?
The employer must notify employees for their right to request pay information by 31 January each year.
Does local law require that employers provide this information in the local language, or can it be provided in English?
There is no clarification in the draft legislation regarding the language in which the information must be provided. However, employers should bear in mind that Bulgarian is the official language of Bulgaria. Accordingly, information provided to employees and any documentation that may be requested by the competent authority during an inspection should be available in Bulgarian.
Prohibitions on workers disclosing pay information
Contractual clauses that prevent employees from disclosing information about their pay are prohibited under the Directive.
Can employers impose any restrictions on workers to prevent them from disclosing their own pay, and/or average pay information obtained pursuant to an information request?
The employer may require workers who received average pay information not to use that information for purposes other than exercising their right to equal pay. This restriction applies only to average pay information received pursuant to an information request - not to a worker's own individual pay.
If existing contracts contain pay secrecy clauses, what actions (if any) are required to bring those contracts into compliance (e.g., must such clauses be formally rescinded or is the existing pay secrecy clause simply unenforceable)?
The draft legislation does not contain any provisions requiring employers to amend existing employment contracts. However, employment contracts must comply with the applicable law. Any contractual provision that is inconsistent with the new requirements will become unenforceable from the date the relevant provisions enter into force.
Gender pay gap reporting
Are the pay gap reporting deadlines the same as those set out in the Directive?
Headcount thresholds:
- 250 or more workers: annually.
- 100-249 workers: every 3 years.
- Below 100 workers: no reporting obligation
Please confirm what gender pay gap information employers must provide under local law (and include detail on headcount thresholds).
Employers must report to the following 7 data points:
(1) gender pay gap;
(2) gender pay gap in basic and additional remuneration;
(3) median gender pay gap;
(4) median gender pay gap in basic and additional remuneration;
(5) share of men and women receiving additional remuneration;
(6) share of men and women in each pay quartile;
(7) gender pay gap by categories (including basic and additional remuneration).
Where the report shows a GPG of at least 5% in any category of workers, employer must also submit a justification.
Does local law specify a uniform reference or “snapshot” date for assessing headcount or pay data for reporting purposes?
Not specified in the draft. The information covers "the preceding calendar year".
What pay information (if any) is an employer required to publish and where does it need to be published (i.e. on its website).
The draft legislation do not require any publications.
Is an employer required to provide the information to an authority and if so when?
The Commission for Protection Against Discrimination collects the reports and publishes data points 1-6 (see above) in an accessible, user-friendly manner enabling comparison between employers, industries, sectors, and regions. Category-level data - point 7 (see above) is provided by the employer directly to trade unions and all workers, and to the Labour Inspectorate upon request.
Does local law specify how employers should consider employees that choose not to identify with a particular gender?
The draft does not address workers who do not identify with a particular gender
Dealing with Gaps & Joint Pay Assessments
Where gender pay differences are not justified on the basis of objective, gender-neutral criteria, in what timescale must an employer remedy the situation?
Timescale to remedy: 6 months from the date of submission of the pay gap report to the relevant authority. If an unjustified gap is not corrected within 6 months, a joint pay assessment is triggered. Under the joint assessment regime, the employer must correct unjustified differences within 1 year the employer has 6 months to remedy the situation.
Does local law specify how an employer should remedy the situation?
The employer takes corrective measures after consultation with trade unions and/or the Commission for Protection Against Discrimination.
How must an employer work in close cooperation with workers’ representatives, the labour inspectorate and/or the equality body in remedying the situation?
Regarding the corrective measures the employer should consult the trade unions and/or Commission for Protection Against Discrimination. Regarding the joint pay assessment preparation (the employer should consult empoyees' representatives and/or trade unions.
Does local law define ‘close cooperation’ – is it just in consultation with, or must there be agreement?
The obligation to cooperate closely consists of a duty to consult rather than an obligation to reach an agreement
In what circumstances does local law require an employer to conduct a joint pay assessment?
e) If there is a gender pay gap that cannot be justified based on objective, gender-neutral criteria. All three conditions under must be met cumulatively:
- the pay gap report shows at least 5% difference in average pay for a category of workers;
- the gap is not justified under the relevant criterias; and
- the unjustified gap has not been corrected within 6 months from the submission of the report.
What information must be included in the joint pay assessment?
The joint pay assessment includes: analysis of the share of men and women in each category; average pay and additional remuneration by sex in each category; differences in average pay levels by category; reasons for the differences as per the criteria; share of men/women with increased pay upon return from parental, maternity, or adoption leave (where increases occurred during the leave period in that category); corrective measures; and assessment of the effectiveness of corrective measures from previous joint assessments
To whom must an employer make the joint assessment available?
The employer provides the join assessment to employees, employee’s representatives, Commission for Protection Against Discrimination and in the event of request to the Labour Inspectorate
Data Protection
Where the provision of information would lead to the disclosure of the pay of an identifiable worker, does local law limit access to the relevant information and if so, how?
Where providing individual pay information would lead to disclosure of the individual pay of another employee, the employer has the right to restrict access to that information. In such cases, the employer provides the information to the trade union in the enterprise and/or to the Commission for Protection Against Discrimination, upon their request. The trade union and the Commission for Protection Against Discrimination may then advise employees on their options for bringing a claim without disclosing individual pay amounts
Breach of pay transparency and pay gap reporting requirements
What sanctions, penalties or other measures may be imposed on an employer in the event of breach of gender pay reporting or pay transparency requirements under local law?
The draft introduces no new dedicated sanctions for pay transparency or reporting breaches. The existing framework applies:
Commission for Protection Against Discrimination and the Labour Inspectorate could issue fines or binding orders to cease the breach.
Rights to equal pay – rights of action
What rights of action under local law are available to a worker as a result of any alleged infringement of the right to equal pay?
In the event of violation of the rights for equal pay an employee can initiate anti-discrimination proceedings before the Commission for Protection Against Discrimination or brings a claim before the court.
Workers Representatives
How does local law define ‘workers’ representatives?
The draft refers to two categories
(i) Workers' representatives under Art. 7 para 2 of the Labour code: representatives elected by the general meeting of workers and employees at the enterprise level. These are distinct from trade union representatives.
(ii) Trade union organizations in the enterprise: established by workers who are union members under the relevant trade union law.
The draft consistently uses "and/or" when referring to these two bodies, treating them as alternative channels..
If the employer does not have any workers’ representatives, what are its obligations in relation to the provisions of the Directive referring to workers' representatives?
The draft does not specifically address the situation where no workers' representatives or trade unions are present.
What rights do workers' representatives have?
The draft legislation largely reflects the rights of employees' representatives set out in the Directive
If workers’ representatives have not been engaged in the right way and/or in a timely fashion, what are the consequences under local law?
The draft does not prescribe specific consequences for failure to engage workers' representatives in the consultation process. Under the existing enforcement framework, such failure may expose the employer to administrative sanctions for breach of the relevant obligations.
What obligations exist in relation to workers’ representatives’ rights to be consulted on pay gap information and access to the relevant methodologies applied?
Please refer to the section above. Dealing with Gaps & Joint Pay Assessments.
What rights of action are available to a worker or workers’ representatives in event of breach of gender pay reporting or pay transparency requirements under local law?
An employee may bring a claim for discrimination. An employees' representative body may bring a claim on behalf of the employee, provided that the legal requirements are met.
Member State Support
What support in terms of technical or other assistance and training has been provided, or is promised, for employers?
The Commission for Protection against Discrimination is obliged to provide technical assistance and training to: employers, employee’s representatives and trade union organizations in companies with fewer than 250 workers, to assist them in fulfilling their obligations under the equal pay principle.
Is this available to all employers or, for example, are there headcount limits?
Please see the previous point above.
To whom must an employer make the joint assessment available?
As of the date of this questionnaire, the draft has not yet entered into force and no specific technical assistance platform or guidance has been published.
Other/Additional
Is there anything else notable in your jurisdiction? For example, additional secondary legislation or guidance.
The public consultation on the draft legislation ended on 18 June 2026, and the final version of the legislation has not yet been adopted or published. There is a high likelihood that the draft will be amended following the public consultation process.