Munich Personal RePEc Archive

Актуални правни аспекти на трудовите договори и свързани с тях правни институти

Andreeva, Andriyana and Yolova, Galina and Rachev, Radoslav (2017): Актуални правни аспекти на трудовите договори и свързани с тях правни институти. Published in: Издателство „Наука и икономика” (2017): pp. 1-204.

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The new type of social relations is accompanied also by the introduction in the legislation of pertinent legal tools that are different from those applicable in preceding periods. Those are aimed at regulating the processes of contracting labour in a qualitatively new manner in conjunction with the traditional kinds of labour contracts. In reality, one problem is found to be the absence of an adequate and comprehensive study, both of the direct rules regulating contracts, and also in view of their correlation with the individual institutions by the associated with the issues legal branches. In that sense, the effective application of the new kinds of contracts of employment in the practice of Bulgarian employers instigated the conducting of the present scientific research, aimed at a theoretical and practical analysis, which - on the basis of its conclusions and recommendations - would contribute to the implementation of modern legislative resolutions and adequate normative law enforcement. It is to the above end that the goal of the study is set - to analyse the contemporary legislative decisions in the sphere of labour bargaining in their indispensable interconnection with the related civil and insurance law institutions, providing a different angle to the study and systematization of the issues and their complete and correct comprehension. In Part One, Chapter One, there are analysed well-established theoretical formulations concerning the sphere of bargaining, the emergence, development and administration of the employment relation in the light of the classical view and in accordance with the principles of legal employment theory. The second chapter is devoted to the mostrecent legislative decisions, introducing and establishing forms of employment contracts adequate to the changed social environment - of homeworking, telecommuting, of temporary employment, etc., whose analysis is entirely dependent both on the interpretation of norms, and towards their practical application in the sphere of the particular employment relation. Part Two includes related legal institutions and discusses the relationship of bargaining with analogous instruments for the realization of labour. In this regard, in Chapter Three there are studied and compared the employment form of contract with the civil law and commercial law forms of contract with a view to their proper differentiation and practical relevance to the use of the labour force. In Chapter Four there are analysed the specifics of the insurance law status of employed persons, the current legislative decisions on determining, recognizing and calculating labour and social security length of service at the level of interrelation required for those and the specificity of the juridical relevance in the various periods of labour and insurance. At this level there are worked out and substantiated specific suggestions for updating the legal system, as are provided practical analyses of the particular texts in view of their proper, timely and, above all, correct use by the institutions and the employers.

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