Munich Personal RePEc Archive

Правни и икономически аспекти на държавния контрол за спазване на трудовото законодателство

Yolova, Galina and Andreeva, Andriyana and Blagoycheva, Hristina and Dimitrova, Darina and Nedyalkova, Plamena and Bogdanov, Hristosko (2022): Правни и икономически аспекти на държавния контрол за спазване на трудовото законодателство. Published in: Издателство „Наука и икономика“ (2022): pp. 1-256.

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The realization of the constitutionally guaranteed right to work and the related subjective labour rights have been and will always be a serious challenge for legislation and legal doctrine. In this sense, state control over compliance with labour legislation has been a constant companion in the development of labour legislation, with the institute changing and evolving in accordance with the development of social relations at the particular stage and the related needs for adequate protection of rights. In the current moment, the modern forms of digitalization of labor and the increasingly aggressive use of artificial intelligence in employment relations poses in front of both legislation and doctrine qualitatively different challenges, requiring the introduction of new, adaptive to the new social realities normative means to protect the interests of working persons. Over the last twenty-five years, new non-standard forms of work have emerged, significantly changing concepts and standards in terms of employment position, social security, organisation, location and working time periods. This determines the relevance of the development of the control of compliance with labour legislation. The authors have used an interdisciplinary approach to conduct the research by combining a legal with an economic approach in analyzing the nature and aspects of control. In this way, a comprehensive study of the legal institute of labour law compliance control, not conducted in doctrine, is provided. The scientific objective of the monographic work is a comprehensive - both doctrinal and theoretical, analysis and study of the control mechanisms for compliance with labour legislation, examined through the prism of normative systematics and in the aspect of their economic effects on traditional and alternative forms of employment. The object of the study is the current normative framework regulating the state control of compliance with labour legislation and the practical impact of its implementation. The study is structured in a classical content of two parts with their respective chapters, in which different aspects of the state control of compliance with labour legislation are analyzed in interrelation. The two parts correspond to the two axes around which the research is conducted, namely legal and economic aspects of state control. In this interrelation, the legal and economic aspects of the monographic work serve not only the legal and economic doctrine enriching in a theoretical perspective the institute of the control of compliance with the labor legislation, but are also useful for the practice and, in particular, the control institutions and the subjects of the labor legal relationship. In conclusion and on the basis of the legal and economic analysis carried out in the individual parts, substantiated conclusions, specific legislative proposals and recommendations to the control institutions are drawn.

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