LEGAL NATURE OF THE SERVICE TIME OF MILITARY SERVICE OFFICERS, WHICH EXCEEDS THE ESTABLISHED WORKING HOURS WHEN ON DUTY Cover Image

ПРАВНА СЪЩНОСТ НА СЛУЖЕБНОТО ВРЕМЕ НА ВОЕННОСЛУЖЕЩИТЕ, ОТРАБОТЕНО В ПОВЕЧЕ ОТ УСТАНОВЕНОТО ЗА ТЯХ ПРИ ПОЛАГАНЕ НА ДЕЖУРСТВА
LEGAL NATURE OF THE SERVICE TIME OF MILITARY SERVICE OFFICERS, WHICH EXCEEDS THE ESTABLISHED WORKING HOURS WHEN ON DUTY

Author(s): Hristo Banov
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Labor relations, Sociology of Law
Published by: ЮГОЗАПАДЕН УНИВЕРСИТЕТ »НЕОФИТ РИЛСКИ«
Keywords: overtime labour; extended service time; military service officer; duty; calculation of service time on the basis of a longer reference period

Summary/Abstract: The grounds and the conditions for payment of the service time of military service officers, which exceeds the legally established working hours when on duty, are directly related to the determination of the type of service time. In the majority of the contradictory judgments of the Supreme Court of Cassation it is incorrectly assumed that this labour has been exercised under the conditions of extended service time under Art. 136a of the Labour Code. In fact, in this case the amount of labour performed, exceeding the legally established standard, is undoubtedly overtime labour with all the resulting consequences, the most significant of which being the obligation for the employing authority to pay for this labour at an increased payment rate.

  • Issue Year: 5/2018
  • Issue No: 2
  • Page Range: 33-46
  • Page Count: 14
  • Language: Bulgarian
Toggle Accessibility Mode