Гаранции за защита на работника и служителя при прекратяване на трудовото правоотношение на плоскостта на европейското и националното законодателство
Guarantees for Employee's Rights Protection Upon Termination of Employment Relationship Under European and National Legislation

Author(s): Vanya Miteva
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: guarantees; protective mechanisms; employee; termination; employment relationship; dismissal; EU legislation
Summary/Abstract: The termination of the employment relationship, along with its origination, is one of the most important and key issues of Labour law. It may have significant consequences for the employee, initially recognized as the weaker party in the employment relationship. Their release from work can reflect both on their financial and social status. This necessitates the introduction of mandatory legal restrictions to ensure a balance between the interests of the employer and the employee. Employees’ protection upon employment termination, although often associated with the legislative mechanisms for implementing the preliminary protection in case of dismissal under Art. 333 of the Labour Code (LC) and the subsequent methods for contesting the legality of dismissal under Art. 344 of the LC, also includes a number of other protective mechanisms. These can be found both in European Union law and in national employment legislation regulations related to: the right to reasonable notice period, the right not to be dismissed from work without a valid reason, the right to non-discrimination upon dismissal, the right to advance protection in case of dismissal, the right to compensation upon termination of the employment relationship, the right to appeal to an independent authority, the right to request reinstatement.

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