On the calculation methods for defining the compensation under article 225 (3) of the labour code Cover Image

Относно начина за изчисляване на обезщетението по чл. 225, ал.3 от Кодекса на труда
On the calculation methods for defining the compensation under article 225 (3) of the labour code

(Opinion regarding interpretative case No 2/2013 of the General Assembly of the Civil Colleges of the Supreme Court of Cassation)

Author(s): Ivaylo Ivanov Staykov
Subject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Higher Education , Law on Economics
Published by: Нов български университет
Keywords: Labour Code; Defining the compensation

Summary/Abstract: This legal analysis presents an opinion regarding interpretative case No 2/2013 of the General Assembly of the Civil Colleges of the Supreme Court of Cassation whose subject-matter provides an answer to the substantive issue about the calculation method to be used in order to define the compensation under article 225 (3) of the Labour Code. The said legal provision regulates the right of compensation in cases of illegal non admission to working place following the reestablishment of illegally terminated employment. The case-law of the Supreme Court of Cassation is not uniform which has necessitated the interpretative proceedings. In the article there is doctrinal interpretation of the legal provision of article 225 (3) of the Labour Code with regard to article 228 of the Labour Code. On that basis the answer to the substantive issue which is the subject-matter of the interpretative case is as follows: The amount of the compensation under article 225 (3) of the Labour Code is defined on the basis of the most recent remuneration in a full employment month, which the worker has received before the illegal termination of his/her employment. This amount is not dependent on any later raise of the amount of the minimal salary in the period of illegal non admission to work. In this opinion there is also criticism of the arguments in support of the other two views submitted in the course of the interpretative proceedings.

  • Issue Year: 2013
  • Issue No: 1
  • Page Range: 15-28
  • Page Count: 14
  • Language: Bulgarian