УГОВАРЯНЕ НА ОТЛАГАТЕЛНО УСЛОВИЕ И НА КЛАУЗИТЕ, СВЪРЗАНИ С ОБУЧЕНИЕТО, КАТО ЧАСТ ОТ „ДОГОВОР В ДОГОВОРА“ ПРИ СКЛЮЧВАНЕТО НА ТРУДОВИЯ ДОГОВОР ПО ЧЛ. 230, АЛ. 1 ОТ КОДЕКСА НА ТРУДА
NEGOTIATING A SUSPENSORY CONDITION AND THE LEARNING-RELATED CLAUSES AS PART OF “CONTRACT IN THE CONTRACT” IN THE CONCLUDING OF THE LABOUR CONTRACT UNDER ART. 230, PARA. 1 OF THE LABOUR CODE

Summary/Abstract: The article reviews the relation between the labour contract for learning at work and the subsequent labour contract, the fulfilment of which is provided for by the legislator as mandatory in the case of successful completion of the training. This relation is manifested in several aspects. First, the emergence of the effect of the second of the mentioned contracts depends on the result of the examination at the end of the training under the labour contract under Art. 230, para. 1 of the Labour Code. In this regard, for the first time in labour law theory the thesis has been formulated that in this case a fixed-term labour contract for a definite period with suspensory condition is concluded. Thus, the two types of contracts referred to are not concluded individually, but as elements of a contractual entity designated as a “contract in the contract”. This also necessitates highlighting the relation between the clauses within the contents of the two contracts, as a result of which they are differentiated into three groups.

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