Прекратяване на трудовото правоотношение от работника или служителя срещу плащане по чл. 232, ал. 3 от Кодекса на труда
Termination of the Employment Relationship by the Employee with Monetary Payment under Art. 232, para. 3 of the Labour Code
Author(s): Hristo BanovSubject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics, Sociology of Law
Published by: Великотърновски университет „Св. св. Кирил и Методий”
Keywords: labour contract for learning at work; fixed-term labour contract for a definite period; Labour Code; facultas alternativa; employer; employee; termination of the employment relationship with monetary
Summary/Abstract: The article analyses the legal nature of the employee’s obligation for monetary payment under Art. 232, para. 3 of the Labour Code. It is reasonable to conclude that by establishing the possibility of fulfilling this obligation, which represents an optional remuneration, the legislator grants the employee the right to terminate the employment relationship unilaterally, both during the training and after its successful completion. The concept of “non-justified reasons” used in legislation, is thoroughly researched and a de lege ferenda proposal is formulated to overcome the current ambiguity. The rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employee’s monetary payment.
Journal: De Jure
- Issue Year: 20/2020
- Issue No: 2
- Page Range: 108-118
- Page Count: 11
- Language: Bulgarian