Legal Issues of the Dismissal Due to Closure of the Enterprise, Closure of Part of the Enterprise and Downsizing of Personnel Cover Image
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Правни проблеми при уволнението поради закриване на предприятието, закриване на част от предприятието и съкращаване на щата
Legal Issues of the Dismissal Due to Closure of the Enterprise, Closure of Part of the Enterprise and Downsizing of Personnel

Author(s): Hristo Banov
Subject(s): Law, Constitution, Jurisprudence, Administrative Law, Labour and Social Security Law
Published by: Съюз на юристите в България
Keywords: Dismissal; closure of the enterprise; closure of part of the enterprise; downsizing of personnel; internal reorganization; selection

Summary/Abstract: The present study clarifies the legal nature of the grounds for dismissal under Art. 328, para. 1, item 1 and item 2, proposals 1 and 2 of the Labour Code, as well as of the factual composition of the internal reorganization in the enterprise, as a clear differentiation has been made between all of them. Opinions expressed in theory and in practice on the meaning of the term ‘enterprise’ and on the distinction between those factual compositions, are disputed. Conclusions are made regarding the cases in which a right, respectively an obligation, arises for the employer to make a selection.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 64-82
  • Page Count: 19
  • Language: Bulgarian