При липса на образование или професионална квалификация – прекратяване или недействителност на трудовия договор
In case of lack of education or professional qualification – termination or invalidity of the employment contract

Author(s): Janeta Hristova
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: employment contract; termination; invalidity; education; professional qualification
Summary/Abstract: The subject of the present study are the consequences for the employment relationship, if the employee does not have one of the prerequisites for the performance of the work: the necessary education or professional qualification. The arguments set forth in Interpretative Decision № 4/2017 of the General Assembly of the Civil Collegium of the Supreme Court of Cassation, ruled on February 1, 2021, are analyzed, and the peculiarities of the different hypotheses of discrepancy between required and available education or professional qualification of the employee are considered as a reason for invalidity, respectively for termination of the employment contract.

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