Discrimination in termination of employment contract

The Constitution and laws guarantee unconditional protection against all forms of discrimination. A developed regime of this protection has been established, which in Bulgaria is mainly proclaimed by the Protection against Discrimination Act.

There are many cases of discrimination in dismissal, which is essentially illegal. All persons have the right to equality in treatment and opportunities for participation in public life and to fair treatment. Victims of discriminatory acts have the right to judicial protection and compensation.

What is discrimination?

Discrimination creates conditions of inequality. According to the law, it can be based on: gender, race, nationality, ethnicity, human genome, citizenship, origin, religion or belief, education, beliefs, political affiliation, personal or social status, disability, age, sexual orientation, marital status, property status or any other characteristics established by law or in an international treaty to which the Republic of Bulgaria is a party.

Any form of discrimination is illegal and contrary to the principles of equality and justice. No restrictions on rights or creation of privileges based on the above-mentioned characteristics are permitted.

Discrimination upon termination of an employment contract – how can I protect my rights?

Every worker/employee has the right to protection against unlawful dismissal. This is done by challenging the dismissal in court. These rights are guaranteed by the Labor Code.

When the termination of the employment contract occurred with a discriminatory act, the victim has the right to request that this be established. There are generally two ways - through signals/complaints to The Commission for Protection against Discrimination or by court order.

Once it is established that discrimination has occurred, the unlawfully dismissed person may voluntarily seek compensation through legal proceedings. For this purpose, a case is filed before the relevant district court against the perpetrator of the discriminatory act.

When the Commission for Protection against Discrimination has established the existence of a discriminatory manifestation, it is not established again in the course of the case. If the measures taken for protection against discrimination exclude referral to the Commission, the court examines the case and assesses whether discrimination has occurred.

Compensation for material and non-material damages

The legislation provides for compensation for all damages that are a direct and immediate consequence of the manifested form of discrimination, and this must be proven.

During the course of the case, the court assesses whether the claimed compensation for material damages is justified and to what extent the claimed amount corresponds to the actual damages. The amount of compensation for non-material damages is determined by the court in equity.

Property Damages resulting from unlawful dismissal of a discriminatory nature may also be in the form of lost earnings. If, after the dismissal, the worker/employee has started work in another place where he receives a lower income, the difference between the income amounts of the previous and the new job also constitutes pecuniary damage.

Non-property Damages, in turn, are part of people's mental life. They cannot be materialized, since they are not present in the objective world. In the case of discrimination in dismissal, they can be expressed in the stress, inconvenience, worries and anxieties caused, etc.

This article aims to emphasize the right of every person to demand fair treatment and equality – in relationships between people and before the law. Anyone who has become a victim of discrimination in dismissal has an arsenal of statutory means to protect their rights.

By its nature, discriminatory behavior constitutes a gross violation of the principles of today's democratic and civilized society.

Discrimination is not tolerated and anyone who has become a victim of it should realize and protect their statutory rights and receive the compensation they are entitled to. If you have become a victim of discrimination, you can contact us for consultation. The consultation may be free of charge if the lawyer considers that the prerequisites for this are present as provided for in the law. According to the Law for the bar, the lawyer may provide free legal assistance and assistance to: persons entitled to maintenance; persons in financial difficulty; relatives, close friends or another lawyer.

Upon filing a complaint and after the Commission becomes familiar with the circumstances surrounding the specific case, it initiates proceedings for protection against discrimination. During the proceedings, it is established whether there is a discriminatory manifestation within the meaning of the law and the measures provided for in Art. 47 of the Anti-Discrimination Act are implemented, if a request has been made for this.