Application for reinstatement be filed within two months
Application for reinstatement be filed within two months
Application for reinstatement be filed within two months
The special system of labor justice presumes a special period for filing claims in labor disputes, which is dictated by the requirement for greater speed in the settlement of labor relations. According to Art. 358, para. 1 pt. 2 of the Labor Code claims disputes for termination of employment shall be brought within two months. The action under Art. 344, para. 1 pt. 2 CT reinstatement is determined by termination of employment by the employer and is a remedy against unlawful dismissal. It constitutes an action to challenge the legality of the termination of employment. The claim is constitutive character and it is a subjective exercise transformative entitled to recover the existence of a terminated employment relationship between the worker / employee and the employer, which may arise from unlawful dismissal. Therefore, the General Assembly of Civil Chambers of the Supreme Court unanimously accepted in the Interpretative Decision № 1 of 5.12.2015, on the talk. e. № 1/2014 on that the limitation period for bringing an action for reinstatement with the legal basis of Art. 344, para. 1 pt. 2 CT has two art. 358, para. 1 pt. 2 before. Last CT.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg