Concept and legal characteristics of the “change of employer” in the meaning of the Bulgarian labor legislation Cover Image

Понятие и правна характеристика на “промяната на работодателя“ по смисъла на българското трудово законодателство
Concept and legal characteristics of the “change of employer” in the meaning of the Bulgarian labor legislation

Author(s): Andrey Aleksandrov
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Labour and Social Security Law
Published by: Икономически университет - Варна
Keywords: change of employer; forms of change; legal characteristics of the employer’s change

Summary/Abstract: The Bulgarian labor legislation, like the legal systems of all EU member states, guarantees the preservation of employment relationship in case of change of employer. Such change generally affects the ownership or use of an enterprise (e.g., sale of a commercial enterprise, various forms of transformation, renting, etc.). The hypotheses are set out in Art. 123 and 123a of the Labor Code, where the more significant legal consequences of the change for the employees are envisaged. The main principle is to prevent deterioration of the situation of employees - job losses, reduction of social benefits and so on. The logic is that the staff should not suffer negative consequences from a decision taken at management level and for economic reasons. That is why the law guarantees at least the preservation of the status quo. The study aims to reveal the content of the concept of "change of employer" according to the Labor Code.

  • Issue Year: 64/2020
  • Issue No: 3
  • Page Range: 244-262
  • Page Count: 19
  • Language: Bulgarian
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