Особени аспекти при трудовото правоотношение на работник с наложена мярка за неотклонение „задържане под стража“
Specific Aspects of the Employment Contract of a Employee on Whom a Restraining Measure Detaining in Custody Is Imposed

Summary/Abstract: The specifics of the employment contract of a employee, on whom a restraining measure detaining in custody is imposed, are due to the special subject of this contact. When an employee has been remanded in custody, employers have often wrongly terminated their employment pursuant to Article 330, paragraph 1 of the Labour Code, and Article 330, paragraph 2, itеm 1 of the Labour Code. These grounds can not apply in the discussed case. According to the established court practice,,an employee can not be dismissed for disciplinary reasons, if the only reason for this is their failure to appear at work due to their detention, as it is not their fault. If neither a mutual agreement to terminate the contract of employment has been achieved, nor the employee has taken a paid or unpaid leave, it would be appropriate to terminate the employment contract by reason of objective impossibility to implement it. In this case, the employer is protected from the adverse effects of the termination of their employment by the provisions of the Labour Code, the Civil Code and the State and Municipalities Responsibility for Damage.

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