On the interpretation and the proceduralo aspects of the application of Article 61, paragraph 2 of the Labour code Cover Image

За тълкуването и социалните аспекти на прилагането на чл. 61, ал. 2 от Кодекса на труда
On the interpretation and the proceduralo aspects of the application of Article 61, paragraph 2 of the Labour code

(opinion regarding interpretative case No 1/2010 of the general assembly/civil college of vthe supreme court of cassation)

Author(s): Ivailo Staikov
Subject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Civil Law, International Law, Higher Education , Law on Economics, EU-Legislation, Commercial Law
Published by: Нов български университет
Keywords: Labour code, Interpretative case

Summary/Abstract: The article reveals the opinion of the author with regard to an interpretative case, pending before the Supreme court of cassation of the Republic of Bulgaria. The author puts forward arguments in favour of the opinion, that in the case of an action for annulment of dismissal filed by an employee or worker whose employment contract has been concluded under the provisions of Article 61, paragraph 2 of the Labour code, the employer, that is “the undertaking of the post at issue”, along with its superior body act as defendant as necessary obligatory litisconsorts (codefendants). The article reveals the opinion of the author with regard to an interpretative case, pending before the Supreme court of cassation of the Republic of Bulgaria. The author puts forward arguments in favour of the opinion, that in the case of an action for annulment of dismissal filed by an employee or worker whose employment contract has been concluded under the provisions of Article 61, paragraph 2 of the Labour code, the employer, that is “the undertaking of the post at issue”, along with its superior body act as defendant as necessary obligatory litisconsorts (codefendants).

  • Issue Year: 2010
  • Issue No: 3
  • Page Range: 74-92
  • Page Count: 18
  • Language: Bulgarian