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CEELM Comparative Legal Guide: Corporate Governance 2023

On January 25, 2023, was promulgated an Act to Amend and Supplement the Labor Migration and Labor Mobility Act (“AAS the LMLMA”), adopted by the 48th National Assembly on January 19, 2023. The changes concern the conditions for entry and residence of citizens of countries outside the European Union (“EU”) on the territory of the Republic of Bulgaria for the purposes of highly qualified employment, as well as the procedure for issuing a long-term residence and work permit of the “European Union Blue Card” type, which is regulated by the Foreigners in the Republic of Bulgaria Act (“FRBA”) and the regulations for its application.

On 1 February 2023, an amendment to Act No. 589/1992 Coll., on social security premiums and premiums to state employment policy, will come into force. The amendment introduces a discount on insurance premiums for employers who, on a part-time basis, employ designated groups of employees for whom it is usually more difficult to find employment on the labour market.

We summarize an overview of selected legislative changes applicable for 2023. However, there are other major changes to be expected this year, such as a major amendment to the Labour Code, the adoption of the Whistleblower Protection Act or an amendment to the Employment Act. We will, of course, inform you about these changes as soon as their final form is known.

On 27 January 2023, after more than a year of delay, the Bulgarian parliament adopted Act on the protection of persons who report breaches ("Whistleblowing Act"). The Whistleblowing Act finally transposes the Whistleblowing Directive (Directive (EU) 2019/1937) beyond the deadline of 17 December 2021 for all member states. The Whistleblowing Act enters into force within 3 months as from its publication in the State Gazette, which was made on 2 February 2023.

In accordance with a contemplated change of the existing EU Temporary Crisis Framework rules stipulating for state aid limits applicable to the whole European Economic Area, the amended Czech Government Regulation sets forth Czech national limits applicable to delivery points in the Czech Republic.

Waste transports with a total quantity of more than 10 tonnes must be carried out by rail or other means of transport with equivalent or lower pollutant or greenhouse gas potential (e.g. propulsion by means of fuel cell or electric motor). The decisive factor is the transport distance covered in Austria, which will gradually decrease. From 1 January 2023, this obligation applies to a transport distance of 300 km or more; from 1 January 2024, the distance will be only 200 km.

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Eversheds Sutherland with offices in Bratislava and Prague and as part of an international network, provides comprehensive legal advice also in foreign jurisdictions.

Our team consists of a total of more than 40 lawyers in the Czech Republic and Slovakia, most of whom have previously worked at major international and local law firms and have extensive experience in particular in the areas of corporate law, including mergers and acquisitions, capital markets, real estate, employment law, competition law, litigation and arbitration, energy, infrastructure, as well as environmental and ESG law.

Our advisory services are offered in Slovak, German, Czech and English language. Members of our team include attorneys registered with the Austrian Bar Association. On this basis, and because we are part of Eversheds Sutherland, we are also able to offer extensive legal support on various foreign legal issues.

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