The obligation of the employer to deliver the employment record and the responsibility for non-compliance Cover Image

Задължението на работодателя за предаване на трудовата книжка и отговорността за неизпълнението му
The obligation of the employer to deliver the employment record and the responsibility for non-compliance

Author(s): Hristo Banov
Subject(s): Economy, Law, Constitution, Jurisprudence, National Economy, Civil Law, Human Rights and Humanitarian Law, Human Resources in Economy, Court case
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: labour book; obligation for handing over immediately the labour book; financial liability of the employer; right to compensation; illegal retention of the labour book; implementation delay

Summary/Abstract: The article provides a solution to some legal issues, related to the employer's obligation to hand over immediately the duly filled out labour book to the employee upon termination of the employment relationship, respectively to the consequences of the non-fulfilment of this obligation, namely the incurring of the employer's financial liability. On the above-mentioned issues, contradictory practice of the Supreme Court of Cassation was noted, because of which the Interpretative Case No. 1/2019 of the General Assembly of the Civil College was started. The many specific issues raised by the contradictory case-law are limited to the question whether the employer's obligation under Art. 350, para. 1 of the Labour Code in all cases arises and becomes exigible at the time of the termination of the employment relationship, or several hypotheses should be distinguished, in at least one of which the emergence of the discussed obligation is not by virtue of the law, but for this purpose the execution of certain actions by the employee is required. The solution to these legal issues leads to the answers to the second group of questions, related to the occurrence of the employer's obligation to pay compensation to the employee due to the illegal retention of his labour book.

  • Issue Year: 2019
  • Issue No: 3
  • Page Range: 99-112
  • Page Count: 14
  • Language: Bulgarian