НЕУСТОЙКАТА В ТРУДОВИЯ ДОГОВОР
PENALTY CLAUSES IN EMPLOYMENT CONTRACTS
Author(s): Teodora FilipovaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Law on Economics, Court case, Labour and Social Security Law
Published by: Висш адвокатски съвет
Keywords: penalty clause; employment contract; damages, training; resident physician
Summary/Abstract: This article examines the admissibility of penalty clauses in employment contracts. The possibility of subsidiary application of civil law institutes in labour law is being investigated, given the limited freedom of negotiation in Article 66 of the Labor Code and other imperative norms in labor legislation. Arguments are presented for the illegality of penalty clauses in the general employment contract alongside the special employment contracts for on-the-job training /Art. 230 LC/ and an employment contract with a resident physician. A distinction is made with bond contracts for acquisition and receipt of professional qualifications under Article 234 of the Labor Code. Various problems related to the negotiation and incorporation of penalty clauses in employment contracts are analyzed along with contradictory case law on them.
Journal: Адвокатски преглед
- Issue Year: 2026
- Issue No: 3
- Page Range: 14-35
- Page Count: 21
- Language: Bulgarian
