Многостранни форми на социален диалог в България

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 2/2008

This study deals with the tripartite cooperation and with the Economic and Social Council in Bulgaria as the main forms of multilateral social dialogue in Bulgaria. Their history, legal framework, and activities are presented as well as their common features and differences. The mission of both forms of national social dialogue, their institutions, the role of the civil society organisations, the relations between the two forms of social dialogue and their impact on national legislation and policies are the basic problems treated in this article.

Осигурителят по задължителното здравно осигуряване

Author(s): Atliana Nedkova / Language(s): Bulgarian Issue: 1/2008

Осигурителни помощи

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 6/2007

This study deals with the social insurance allowances as a type of social insurance benefits under the short-term social insurance scheme. They are a social insurance instrument for compensation of non-typical expenditures of the insured person connected to his/her health or material status. The concept, social functions as well as a comparison between these benefits and other social security benefits under the social insurance and social assistance scheme are studied. Special attention is paid to the different kinds of social insurance benefits — for prophylactic and rehabilitation, for orthopedics, in cases of a lack of entitlement to invalidity pension because of general disease as well as a lump-sum death benefit.

Последици за трудовото и служебното правоотношение от последваща невъзможност за достъп до класифицирана информация

Author(s): Andrey Alexandrov / Language(s): Bulgarian Issue: 6/2007

Конституцията и наследствените пенсии

Author(s): Rayna Koycheva / Language(s): Bulgarian Issue: 3/2007

This text studies the constitutional bases on which the current legislation concerning survivors’ benefits is being formed. These are the constitutional principles of humanism and of the social state which are stated in the Preamble of the Constitution of Republic of Bulgaria; as well as the social security right, declared in Article 51 (1) of the Constitution, the protection of family, motherhood and children, provided for in Article 14, and the special protection of children left without parents’ care — Article 47(4). These constitutional provisions contribute to the formation of humane and just legislation concerning the survivors’ benefits which is guaranteed by the fact that the Constitution is the supreme legal act with direct application.

Проблеми на правната регламентация на трудовото възнаграждение в българското трудово право

Author(s): Emil Mingov / Language(s): Bulgarian Issue: 3/2007

Правото на работника или служителя на характеристика и на препоръка от работодателя

Author(s): Tsveta Popova / Language(s): Bulgarian Issue: 2/2007

За структурата на работната заплата и брутното трудово възнаграждение — някои въпроси относно новата Наредба за структурата и организацията на работната заплата

Author(s): Ivailo Staikov / Language(s): Bulgarian Issue: 1/2007

The article performs a critical analysis of certain provisions of the new Regulation on the Structure and Organisation of the Salary. The notion “structure of the salary” is examined, as well as its components: general salary, labour bonuses, and gross salary. A conclusion is reached that the legislation ascribes different meanings to one and the same term, and that some of the legal definitions in the examined act do not meet the requirements of the legal technique. On the basis of the study some suggestions de lege ferenda are made.

Прекратяване на трудово правоотношение поради спиране на работата

Author(s): Janeta Hristova / Language(s): Bulgarian Issue: 3/2020

The present reflects one of the possibilities given to the employers during the temporary suspension of the work process- the termination of the employment relationship. Besides, the analysis distinguishes the suspension's main characteristics under the Bulgarian labour legislation and doctrine as well. The employers should consider these issues to implement the employment relationships' termination consistent with legal requirements.

Поредни недоразумения в трудовото законодателство с европейско оправдание

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 2/2006

There are a lot of unsuccessful changes and amendments of the Bulgarian Labour Code in the last years explained by “requirements” of the EC law. This article deals with the last of them. They try to incorporate several EU directives about workers information and consultation, about the fixed-term contracts and about the part-time work. On the basis of examples of the Labour Code the conclusion has been drawn that the Bulgarian legislator does not always understand the mechanism of incorporation of the EC directives in the national law, its consistence with the national legislative traditions and practice, and even with the Bulgarian language. Such a practice may have very negative consequences for the implementation of the law as well as for the legal education.

Стабилитетът на служебното правоотношение като гаранция срещу незаконосъобразното уволнение на държавния служител

Author(s): Radoslav Radushev / Language(s): Bulgarian Issue: 2/2006

As a significant element of the state service the stability of the official legal relationship between the state officials and the state is regulated by the Constitution of the Republic of Bulgaria, the State Official Act, as well as by a number of special acts of primary and secondary legislation. The legal regulation should take into account the practical problems emerging in the process of carrying out of the state service by the state officials; therefore the article is aimed at the analysis of some of these problems. Stability of the official legal relation is a principle of state service, which is represented in different legal figures. The study explores the application of the principle of stability during the establishment, development and termination of the official legal relationship. In view of the fact that the stability of the official legal relationship is characterised by its considerable guarantee function, the analysis pays attention to the issues regarding the alterations of the official legal relationship. The problems are examined in the context of the normative regulation of the state service and state officials’ legal status.

Необходими промени в реда за разглеждане на индивидуалните трудови спорове

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 6/2005

This article is a part of a study performed under a project of the International Labour Organisation. It deals with the historical experience and contemporary situation of the legal mechanisms for settlement of individual labour disputes in Bulgaria. These disputes are under the jurisdiction of the civil courts. The most major problem of the effective system is the slow finalisation of the process. On the basis of an analysis of the reasons for this situation several possible solutions are put on discussion — establishment of specialised labour courts; establishment of special departments or court units for labour disputes; special procedure for settlement of labour disputes by the civil courts; improvement of the general civil procedure. Special professional training of judges is also an important factor for effective settlement of such disputes.

Обжалване на решенията на медицинската експертиза на работоспособността

Author(s): Ivailo Staikov / Language(s): Bulgarian Issue: 6/2004

The article analyzes the provisions of Art. 110—113 of the Law on Health that introduced changes in the procedure for appeal of the acts stated by the bodies of the working capacity expertise. The author’s criticism stands in reference to the circle of subjects who have the right to appeal the acts of these bodies. The opinion that the terms for administrative and court appeal are preclusive is backed with arguments. The author points out the legislative imperfection of the newly introduced deviation in the course of the administrative appeal of acts that are stated in relation to the expertise on temporary working incapacity.

Изследване с висока теоретическа и практическа стойност

Author(s): Nikola Yosifov / Language(s): Bulgarian Issue: 4/2004

Законово признати ли са имуществените интереси на лицата, осигурени във фондове за допълнително пенсионно осигуряване?

Author(s): Ralitsa Gougleva / Language(s): Bulgarian Issue: 2/2004

This paper explores the issue of legal recognition and enforcement of pension fund members’ legitimate interests. It argues that the main interests of pension fund members include (1) good pension fund governance, (2) public disclosure (3) control opportunities over management, and (4) right to dispose with the ownership in the pension fund. Comparing these legitimate interests with the rights of pension fund members and the duties and responsibilities of pension fund managing company under current legislation, the author concludes that the interests of pension fund members are still not fully recognized and enforced and legislative work in this direction should continue. The paper also argues that pension fund regulation is yet another evidence of business regulation instead of business self-regulation in Bulgaria, which specifically in the pension fund area implies crucial role for the Financial Supervision Commission in the enforcement of pension fund members’ rights and interests.

Трудовото правоотношение в държавната администрация

Author(s): Emil Mingov / Language(s): Bulgarian Issue: 1/2004

The article analyses the characteristics of the labour relation in the public administration through its subjects and content. On this basis the conclusion is drawn regarding the unsuitable legislative approach of inclusion in the Labour Code of provisions concerning only the public administration employees. Objectionable is also the tendency in the Labour Code to reproduce almost to the letter solutions established for the civil servants, thus violating the harmony of the legal regulation of the labour relations, which is a subject to a different philosophy. Therefore de lege ferenda it is necessary to regulate the specific characteristics of the labour relations in public administration in a general law on the civil service. Thus the general labour legal regime for the public administration employees shall be applied as far as it is not excluded from the specific regulation for this category of employees.

Дискриминация при прекратяване на трудовото правоотношение

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 6/2003

The article reviews the regulation of Art. 21 in the new Protection Against Discrimination Act concerning the antidiscriminatory aspect of the employer’s right to unilaterally terminate a labour contract. A number of universal and regional acts regulating the protection against discrimination as a basis for the development of the respective Bulgarian national legislation are analysed. The author discusses the different grounds for dismissal where the possibility for discrimination on the part of the employer exists. Further to the analysis some proposals are made regarding the improvement of legislation.

За правото на отказ по чл. 283 от Кодекса на труда и задълженията на работодателя

Author(s): Ivan Yanev / Language(s): Bulgarian Issue: 6/2003

Експертизата на работоспособността в практиката на ВАС през 2002 г.

Author(s): Krassimira Sredkova / Language(s): Bulgarian Issue: 4/2003

Относно удръжките от трудовото възнаграждение

Author(s): Yana Angelova / Language(s): Bulgarian Issue: 4/2003