Трудовоправно значение на подаването на оставка
Labour Law Effect of Submitting a Resignation

Summary/Abstract: This scientific research is occasioned by Decision No. 2 of the year 2018 of the Constitutional Court on constitutional case No. 8 of the year 2017. The subject matter of the said constitutional case is the establishment of unconstitutionality of the Parliamentary act of non-acceptance of the resignation submitted by a deputy. The analysis concerns the submission of a resignation by a natural person who is holding the position of a single-member State body or a member of a collective body within the system of State authority. The fundamental thesis of the exposition is that the single-member State bodies and the members of collective State bodies hold their office on the basis of an individual employment relationship. In the prevailing number of cases the said employment relationship arises on the grounds of an election. In certain State bodies - those created under the mixed system - the employment relationship arises from an election for some members, while for others it arises on the grounds of an individual administrative act. The fact that, along with the employment relation- ship, there also exists a relationship that belongs to another legal branch - constitutional branch, administrative branch, etc. - does not change the legal conclusion that has been made. The submission of a resignation constitutes unilateral termination of the elective employment relationship on the part of the respective person. It is his/her subjective converting right.

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