Can I be dismissed while pregnant or on sick leave?
No — without prior permission the dismissal is unlawful. Article 333 of the Labour Code grants prior protection: the employer may dismiss only after obtaining written permission from the labour inspectorate, and for each individual case. The protection covers: a mother of a child under 3; an employee who is on approved leave; and an employee suffering from an illness listed in a health ministry ordinance — for whom the opinion of the medical expert commission must also be obtained. A pregnant employee cannot be dismissed on notice save in exhaustively listed cases: closure of the enterprise, refusal to relocate with it, holding a post restored to an unlawfully dismissed employee, and objective impossibility of performing the contract.
📋 The rules
- Prior permission from the labour inspectorate is required
- Protected: a mother of a child under 3 and an employee on leave
- Protected: those with a listed illness — with a medical commission opinion
- Pregnant: dismissal only in exhaustively listed cases
- Permission is sought for each individual case
🔓 Exceptions
- The protection does not apply to termination during probation under art. 70
- Closure of the whole enterprise permits dismissal
- Disciplinary dismissal also requires permission where the person is protected
⚠️ Penalties & fines
A dismissal without the required permission is unlawful — and this is the strongest position in employment law: the court quashes the dismissal on that ground alone, without examining whether the reason was sound at all. The consequences for the employer are heavy: reinstatement, compensation for the time out of work — up to 6 months — and a penalty from the labour inspectorate. The deadline is short: the claim must be brought within 2 months of termination, and a missed deadline cannot be revived. So if you fall into a protected group, tell your employer in writing — protection is assessed as at the moment of dismissal.
📎 Official sources
- Labour Inspectorate · Protection under art. 333 →
- Ministry of Labour · Special protection →
- lex.bg · Labour Code (art. 333) →
❓ Frequently asked
Who is protected under art. 333?
A mother of a child under 3, an employee on approved leave, and an employee suffering from an illness listed in an ordinance of the health minister.
Can a pregnant employee be dismissed?
Only in exhaustively listed cases — closure of the enterprise, refusal to relocate with it, holding a restored post, and objective impossibility of performing the contract.
What if there is no permission?
The dismissal is unlawful and the court quashes it on that ground alone, without examining whether the reason was sound. It is the strongest position in employment law.
What is the deadline to challenge it?
The claim must be brought within 2 months of the termination. A missed deadline cannot be revived, so do not delay.
Does the protection apply during probation?
No. On termination under art. 70 during the probation period the art. 333 protection does not apply and no permission from the inspectorate is needed.
🔎 Common searches
What people search to land here:
- “protection against dismissal article 333 bulgaria”
- “dismissal of pregnant employee bulgaria”
- “mother of child under 3 dismissal bulgaria”
- “labour inspectorate permission dismissal”
- “dismissal while on sick leave bulgaria”
- “unlawful dismissal claim two months bulgaria”