Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“
Comparative Analysis of Bulgarian and Russian Labour Law with regard to the Problem of “Labour Relationship that has not Emerged”
Author(s): Ivaylo Ivanov StaykovSubject(s): Social Sciences, Education, Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, Higher Education , Law on Economics, EU-Legislation, Commercial Law, Court case
Published by: Нов български университет
Keywords: Labour law of Bulgaria; Labour law of the Russian federation; comparative legal analysis; labour relationship; labour contract; legal fiction
Summary/Abstract: The subject of the scientific study in the paper is the comparative analysis between the currentpositive legal regulation of the so-called „labour relationship which has not come into being“in theBulgarian and the Russian labour law. A comparison is made between the legislative regulationof this issue in the second sentence of Article 63 (3), Article 86 (7) and the first sentence of Article96 (4) of the Bulgarian Labour Code and Article 61 (4) of the Labour Code of the Russian federation.In the current Russian labour law this legal institute is known as „annulment of the labourcontract“, which is a right of the employer. In Bulgarian labour law the problem with the labourrelationships that have not come into being is resolved legally and technically by means of the useof a legal fiction.
Journal: Годишник на департамент „Право”
- Issue Year: 7/2018
- Issue No: 8
- Page Range: 210-242
- Page Count: 33
- Language: Bulgarian