Self-employed workers (Directive 2010/41/EU and some relevant provisions of the Recast Directive)

AuthorGenoveva Tisheva
8 Self-employed workers (Directive 2010/41/EU and some relevant
provisions of the Recast Directive)
8.1 General (legal) context
8.1.1 Surveys and reports on the specific difficulties of self-empl oyed workers
There are no such surveys and reports.
8.1.2 Other issues
There are no other issues.
8.1.3 Overview of national acts
- COSI regulates the main personal and material scope of the social insurance of such
- The Regulation on social insurance for self-employed persons, Bulgarian citizens
working abroad and those involved in maritime activities regu lates the procedural
requirements and concrete procedure of social insurance.
8.1.4 Political and societal debate and pending legislative proposals
There are no legislative proposals but here are some data about the self-employment and
the employment of women. According to the National Statistical Institute ‘Women and men
in Bulgaria нлму’з in нлмт there were о 150 300 employed persons, of them 53.4 % were
men and 46.6 % were women. In all categories and status in employment, the ratio of
women is higher than the one of men only in the category of unpaid family workers, where
the ratio is н:м in ‘favour’ of women. Out of the self-employed persons, women make
28.2 % among the employers in this group and 35.9 % of the self- employed.
Data from the end of 2018 show that at the end of December 2018, there were over
350 000 self-employed persons in Bulgaria.
8.2 Implementation of Directive 2010/41/EU
The transposition of the Directive was realised through amendments to the Law on
Protection from Discrimination (LPFD), namely amendments by Articles 7 paragraph 1
point 19 and Article 37 paragraphs 2 and 3, as well as paragraph 1 points 1, 2 and 5 of
the Additional Provisions to the Law. The amen dments in Article 7 introduce an additional
exception when differential treatment is not deemed discriminatory: in cases of differential
treatment when taking measures aimed at initiatives exclusively or mainly promoting
entrepreneurship among women in instances of their under-representation or to overcome
and compensate for disadvantages in their professional careers. The provision in Article 37
paragraph 2 prohibits discrimination based on any of the grounds of Article 4 paragraph 1
of th e Law in the public sector or real economy s ector, direct or indirect, in relation to
conducting an economic activity, includin g the establishment, equipp ing or expansion of
an economic activity or in relation to starting or expanding any other form of such activity.
paragraph 3 of Article 37 prohibits any harassment or sexual harassment within the
framework of the activities mentioned above.
It is worth mentioning the already existing Article 26 of the LPFD which provides for equal
conditions for access to a profession or an activity, for opportunities to exercise the activity
or profession and for development in this sphere. It covers the scope of the equal
treatment principle enshrined in Article 4(1) of Directive 2010/41/EU: the establishment,
equipping and expansion of a business or the launching or expansion of any other form of
self-employed activity, despite the different wording of the two provisions. The other

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