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4.50 €

Трудово и служебно правоотношение

Author(s): Vassil Mrachkov / Language(s): Bulgarian Publication Year: 0

The article refers to issues regarding the common ground and the differences between labour and civil servant legal relationships according to the Constitution and the Labour code. The author examines legal status of the worker and the employee as well as legal aspects of continuing legal relationship, paid labour, legal authority, legal subordination, private interest and public interest.

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Актуални проблеми по прилагане на пенсионното законодателство

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

The subject of the present article are the recent cases of disputed law enforcement in the administrative phase of the pension proceedings by the competent administrative authority. Their increased number and frequency, as well as their persistent "repetition" in similar cases, even after the annulment of the administrative acts by the courts, are beginning to emerge as a dangerous and unacceptable trend for the legal order, seriously threatening the rights of Bulgarian citizens.

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Отражението на директива 96/71/ЕО върху института на командироването в българското трудово право

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The article is a part of a larger study devoted to the impact of Directive 96/71/EC on the institution of posting in Bulgarian labor law. It consists of three sections.

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Недействителност на трудовия договор. Съдебно прогласяване. Проблеми

Author(s): Zhivko Boychev / Language(s): Bulgarian Publication Year: 0

This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.

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Особености на сключването на трудов договор за обучение по време на работа

Author(s): Hristo Banov / Language(s): Bulgarian Publication Year: 0

This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.

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Правни проблеми при прилагането на чл. 9 от Наредбата за структурата и организацията на работната заплата

Author(s): Anna Filcheva / Language(s): Bulgarian Publication Year: 0

The report analyses all paragraphs of Art. 9 of the Ordinance on the structure and organization of the salary. It was analyzed the legal nature of the payment of labor according to Art. 9, para. 1 and para. 3 of the Ordinance, and proposals de lege ferenda were also made.

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Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител

Author(s): Vassil Krumov Petrov / Language(s): Bulgarian Publication Year: 0

This paper is dedicated to the question of the burden of proof of the fact that after a wrongful dismissal the worker or employee has been left unemployed. As a result of the analysis made the conclusion that the fact of being left unemployed should not be proved by the worker or employee has been arrived at. It is accepted that if the employer objects that the worker or employee has found a job immediately after the dismissal the burden of proving that rests on the employer.

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Защита на основните трудови права от конституционния съд

Author(s): Vassil Mrachkov / Language(s): Bulgarian Publication Year: 0

Fundamental labour rights are regulated in the Constitution of the Republic of Bulgaria of 12 July 1991. Their regulation has been extended and enriched as part of the profound social changes that have taken place in Bulgaria since the end of 1989. Among the most important legal guarantees for the "protection of labour" under Article 16 of the Constitution is also the protection of basic labour rights by the Constitutional Court in its jurisprudence. It derives from Art. 149 para. 1, items 1, 2 and 4 of the Constitution, which define its powers. All provisions of the current labour law are to one degree or another directly or indirectly related to the general principles and fundamental labour rights set out in the Constitution and the Constitutional Court's case law on their application. The constitutional protection of fundamental labour rights has had a positive impact on the development of labour law. It is a guarantee for its observance, strengthening the protection of citizens' labour rights and for the establishment of the rule of law and the social state in Bulgaria.

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Административният акт на министъра на труда и социалната политика по чл. 51Б, ал. 4 от Кодекса на труда

Author(s): Vasil Petrov / Language(s): Bulgarian Publication Year: 0

This report focuses on the authority of the Minister of Labour and Social Policy to extend the effect of a collective labor agreement at the sectoral or branch level, regulated in Article 51B(4) of the Labour Code (LC), and the Act, issued in the exercise of that power. The legality (or rather the illegality) of one of these extensions has already been adjudicated by the Supreme Administrative Court (SAC), which in itself is sufficient as a justification for the consideration of the institute. The report is also addresses some of the questions raised by the existence of the institute of the extension of a collective agreement by an act of public authority.

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Нетипичните форми на трудова заетост се нуждаят от правна уредба

Author(s): Krassimira Sredkova / Language(s): Bulgarian Publication Year: 0

The study is dedicated to the need for regulation of atypical forms of employment that are entering the Bulgarian practice. The article examines in details the individual forms of this kind of employment. Their common features are outlined. A proposal has been made that the mentioned in the article, as well as other forms of untypical employment, to receive legal regulation in the relevant groups of normative acts - normative acts on the promotion of employment and the Labour Code.

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Права на осигурените лица в допълнителното доброволно пенсионно осигуряване

Author(s): Ilian Shotlekov / Language(s): Bulgarian Publication Year: 0

The development of the additional voluntary pension security in the Republic of Bulgaria is the reason why hundreds of thousands of people are included in it. The article makes a detailed analysis of the rights of the secured persons in the additional voluntary pension security. The author divides these rights into two groups according to the moment of their implementation under the security legal relationship - rights that may be exercised before the realization of the covered social risk and those when the covered social risk is realized. Proposals have been made for changes in the legal regulatory, with the aim of stimulating the individuals to make additional security.

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Трудовоправни проблеми при аутсорсинг на дейност от работодателя

Author(s): Teodora Filipova / Language(s): Bulgarian Publication Year: 0

The article examines the concept of outsourcing and the labour law problems that arise in its forms. The individual rights of workers and employees in this specific type of activity have been examined. The norms of the Labour Code and the case law in the Republic of Bulgaria and the Court of the European Union have been studied.

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За глобите и осигурителните вноски

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The article deals with the differences between the fines and the social security contributions which are normally clear in the theory of administrative and social security law and no confusion is possible. But the topic became interesting in the light of the amendment of the Labour code made in the beginning of 2012. It provided a special fine for the worker engaged without the mandatory written contract of labour. The new rule provided also that the amount of the fine paid by the worker would equal the contributions due for his social security coverage for three months and be transferred to the Budget of the State Pension Funds. But no relation with the social security rules were made by the legislator and the real contributions for the whole period of illegal work still stood dues. what were the juridical sense and the practical utility of such a measure and why a fine was provided for the purpose of financing the Social Security? Despite of the fact that the Constitutional Court later declared the amendment anti-constitutional, the discussion about the different nature of fines and social security contributions keeps its importance in order future strange and confounding legal decisions to be avoided.

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Задължителното здравно осигуряване в България - от договорното начало до публичното право

Author(s): Maria Radeva / Language(s): Bulgarian Publication Year: 0

The health Insurance Act (HIA) (effective 01.01.1999) introduced the compulsory (obligatory) health insurance and regulated the supplementary health insurance in Bulgaria. One of the major principles of compulsory health insurance is the negotiating between the NHIF and the medical care providers. According to the health Insurance Act, the financial relations between NHIF and the medical care providers are negotiated at two levels - national (by signing a National framework contract with the professional organisations of physicians and dentists) and individual (by signing individual contracts). The amendments in the HIA and the jurisprudence manifested the development of obligatory health insurance – from contractual to administrative character. The SAC defined (2003) the National framework contract as a part of insurance legislation. The HIA (amended 2010) determined the National framework contract as a normative administrative act. The contracts according to the HIA are typical administrative contracts despite the lack of legal definition in Bulgarian legislation.

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VPLYV FAKTOROV PRÁVNEHO PROSTREDIA NA RODINNÉ PODNIKY V REGIÓNOCH SLOVENSKEJ REPUBLIKY

Author(s): František Vojtech,Jarmila Mižičková,Michal Levický / Language(s): Slovak Publication Year: 0

The aim of the paper is to diagnose the situation of small and medium-sized enterprises in Slovakia, specifically in the family business segment, with an emphasis on the impact of the legislative environment on them. The article deals with the development of small and medium-sized enterprises and family business in Slovakia in general. Furthermore, despite the lack of a legal basis for family business, we compare the status of family businesses in the regions according to the selected criteria. Subsequently, through specific questions, we find out the preferences of family businesses in relation to the issue. In addition to general theoretical research methods, we also used specific scientific methods and techniques related to the processing of questionnaire data. Family businesses have difficulty applying multiple laws independently of the region in which they reside. To a large extent, they cause problems for businesses to apply the Labor Code, the Value Added Tax Act, and the Occupational Safety and Health Act. Despite this, we have further found that respondents did not consider the legislative environment as the greatest threat to their family business, but problems and conflicts in the family, succession and family tragedies. As regards the government's aid requirements in the near future, it can be stated that family business preferences vary depending on the region in which they reside.

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Considerații privind noile reglementări ale instituției reprezentanților salariaților din legea dialogului social

Author(s): Dan Ţop / Language(s): Romanian Publication Year: 0

At the end of 2022, the situation of employee representatives has changed, being much detailed at the regulatory level, through the new social dialogue law. At the employer where there are at least 10 employees/workers and where there is no union, the interests of the employees/workers can be promoted and defended by their representatives. It is established, in the absence of the agreement of the parties, the number of representatives considered optimal, and their attributions have been specified. The representatives of employees/workers cannot carry out activities that are recognized by law exclusively for trade unions. It is assumed that in the new legislative framework, the activity of employee representatives will increase through effective participation in the procedures for information, consultation, and resolution of collective labor disputes.

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Avatarurile termenelor substanțiale și procedurale în dreptul muncii

Author(s): Corina Mihaela Marcu-Şiman / Language(s): Romanian Publication Year: 0

Labour relationship has its entire existence decisively marked by both substantial and procedural terms. A thorough regulation of terms is the premise of a harmonious development of labor relations. Unfortunately, the present legal frame is far from being accurate and comprehensive enough, therefore divergent doctrine and jurisprudence have fertile soil to develop. The present study aims to underline certain major deficiencies in respect of terms and their consequences, hoping for legilastive initiative in order to fix the reproted problems.

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МОРСКАТА КВАЛИФИКАЦИЯ НА МЛАДИТЕ ХОРА – ГАРАНТ ЗА БЪДЕЩОТО РАЗВИТИЕ НА СИНЯТА ИКОНОМИКА

Author(s): Deyan DIMITROV,Veronika Stoilova / Language(s): Bulgarian Publication Year: 0

Oceans and waterways are established engines forthe global and European economies, respectively, because they havegreat potential to ensure sustainability and growth. In addition to thetraditional maritime sectors, it is important to create the conditionsfor promoting sustainable career opportunities in the blue economy,such as coastal tourism, aquaculture, ocean energy and marine biotechnology.

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Respectarea de către angajat a obligației de fidelitate față de angajatori în condițiile cumulului de funcții ca urmare a transpunerii Directivei (UE) 2019/1152 a Parlamentului European și a Consiliului din 20 iunie 2019

Author(s): Gabriela Petruţa Ştirbu / Language(s): Romanian Publication Year: 0

By Law no. 283 of October 17, 2022 for the amendment and completion of Law no. 53/2003- Labor Code, as well as Government Emergency Ordinance no. 57/2019 regarding the Administrative Code published in the Official Gazette no. 1013 of October 19, 2022, the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on the transparency and predictability of working conditions in the European Union was desired. Directive (EU) 2019/1152 does not provide for the obligation of loyalty to the employer among the information that must be communicated to the employee, although the Directive specifies in Article 9 of its content, the parallel exercise of another professional activity by the same employee, including within another employer. In the version prior to the entry into force of Law no. 283/17.10.2022, this possibility of the employee was regulated in the Labor Code, through the amendment made adding an additional condition and an absolute prohibition to the employer, as a result of the transposition of the Directive. The problem that arises is the way in which the employee will respect his obligation of loyalty to the employers, given that the Labor Code does not provide for express limitations regarding the conclusion of several employment contracts with different employers, although the Directive states that the states members may impose restrictions in this respect. Thus, by law ferenda, the amendment of art. 36 of the Labor Code by precisely defining the terms and establishing limits in which the employee can have the same position (activities, professions, trades) within several employers with respect for the obligation of loyalty and with respect for his freedom of work.

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Международноправни източници на правото на работниците и служителите на информиране и консултиране

Author(s): Maria Dimitrova Chochova / Language(s): Bulgarian Publication Year: 0

The right to inform and consult employees and their representatives has been fundamentally elevated through their establishment in a number of international and regional acts. The exhibition reviews fundamental conventions of the International Labour Organisation as well as European Union law in this field.

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