Компетентен орган за обявяване на съществуването на трудово правоотношение
Competent authority for declaring the existence of an employment relationship

Summary/Abstract: The current research clarifies which administrative body is authorized by law to declare the existence of an employment relationship when it has been found that dependent labour is performed, even though an individual employment relationship has not been established. The thesis has been substantiated that in this hypothesis, according to the legislator’s will, the only competent authority is the labour inspection. In the course of justification of this statement, a comparative legal analysis has been carried out between the legal regulation in the Labour Code of the declaration of the existence of an employment relationship, on the one hand, and the declaration of invalidity of an employment contract, on the other. The labour inspection powers granted to the relevant administrative bodies by the Labour Inspection Act, have also been analysed.

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