Sunday, 17 November 2013

How to get a license for recruitment activities of a company in Bulgaria

1. Necessary documents:

a. copy of registration or unique identification code in accordance with Art. 23 of the Commercial Register;
b. certificate from the respective territorial directorate of the National Revenue Agency for the presence or absence of liabilities at the date of application;
c. certificate of conviction of the person representing the legal person-candidate for license (presuming that we apply through a company);
d. draft agency agreement between the firm and the job-seeker;
e. copy of the certificate for registration of personal data handling under the Protection of personal data (this document takes about a month to be obtained);
f. notarized copies of documents for completed secondary or higher education of the representative of candidate company and the employees who will perform the brokering of employment;

2. Requirements (conditions) for the candidates:

A. to be free of any debts towards the state or municipality within the meaning of art. 162, para. 2 of the Tax Procedure Code, established by an act of authority (unless it has been permitted to have rescheduling or deferral of these obligations), or monetary obligations related to payment of social insurance contributions;
B. to habe not been declared bankrupt;
C. to be not in liquidation procedure  (for candidates licensed in EU country – not to be in a similar procedure under national laws and regulations);
D. to have not been imposed administrative sanctions under Art. 81, para. 1 or 2 for violations of Art. 28, para. 1, 3, 4 and para. 7, item 2 (sanctions under the Law on promotion of employment) in period of three years prior to applying for registration;
E. members of the management and / or control bodies of legal persons:
a) are not persons with penalties imposed under Art. 81, para. 1 or 2 for violations of Art. 28, para. 1, 3, 4 and para. 7, item 2 in period of three years prior to applying for registration;
b) were not members of management and / or control of persons who have imposed sanctions under Art. 81, para. 1 or 2 for violations of Art. 28, para. 1, 3, 4 and para. 7, item 2 in period of three years prior to applying for registration.

3. Office and staff

- at least one person engaged with the recruitment activities – employed for the purpose;
- minimum office space - one room for safe keeping of dossiers of all candidates and one reception room
- computers and peripherals good enough to provide services for the people;
- communications – fixed line telephone and fax, internet, e-mail.

4. State fees –
Initial fees – 400 levs for license of activities on territory of Bulgaria and
900 levs for license in other countries (EU and others) – all paid at the issuance of the license certificate.
Ad hoc – 90 leva per registration of a contract with foreign employer – each new contract should be registered separately.
Contracts with BG employers are not taxed.

Additional comments:

This should be a company which does not charge in any way the candidates for work but only the employers seeking to hire people. If we are going to charge the people for education, training or similar things better be through another company providing such services.
Better to have full time employment contract for the personnel engaged in the services rather than part timer – or to have two part timers instead one full timer.
The office should be ready made before the application because we will be visited by Labour inspection before being licensed!!!
We can't put recruitment in the subject of activity of the company prior to the license issuance.

Time frame of the procedure: 1-2 weeks for registration of the company in the Trade register, 1 month for registration as personal data administrator, 1 month for registration as recruitment agent (can be extended with 14 days upon discretion of the administration)