On offsetting the compensation for unused annual paid leave against other types of compensation upon termination of an employment relationship Cover Image
  • Price 4.50 €

Относно прихващането на обезщетението за неизползван платен годишен отпуск с други видове обезщетения при прекратяване на трудовото правоотношение
On offsetting the compensation for unused annual paid leave against other types of compensation upon termination of an employment relationship

Author(s): Andrey Aleksandrov
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: termination of an employment relationship; compensations; unused annual paid leave; offsetting

Summary/Abstract: According to the Bulgarian labour law doctrine and the administrative and judicial practice, it has long been understood that, upon termination of an employment relationship, an employer does not have the right to offset the compensation for unused annual paid leave under Art. 224, para. 1 of the Labour Code against counter compensations due by a worker or an employee (for instance, the compensation under Art. 221, para. 2 of the Labour Code in case of disciplinary dismissal or the compensation for non-respect of the prior notice obligation where such is due by a worker or an employee). The study aims at refuting this view and substantiating the applicability of out-of-court offset as a mode of redemption of counter liabilities on the hypotheses under consideration.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 7-18
  • Page Count: 12
  • Language: Bulgarian