Ограничаване на правото на труд по чл. 111 от Кодекса на труда – основания, съдържание и правни последици

Автори:
Страници: 7-18
DOI: https://doi.org/10.54664/DDPQ7519

Резюме:

This article analyzes the main provisions that the state observes when restricting the right to work under Art. 48(1) of the Constitution of the Republic of Bulgaria. In this context, we explore the characteristics of the limitation to the right to work under Art. 111 of the Labour Code. These characteristics are then compared to all other legal grounds providing for the limitation of this right under the Labour Code. The paper also considers in detail the grounds on which the employer and the employee negotiate the prohibitions for the establishment of an additional legal relationship, as well as the potential risks in their interpretation and implementation. Further on, the article analyzes the grounds for invalidity of the restriction clause, as well as the consequences that the valid mutual agreement has on the main and additional employment relationship. Last but not least, the author investigates and supports the claim that Art. 111 of the Labour Code raises a number of concerns regarding its adherence to the Constitution, and casts doubt on whether a proper balance has been struck between limiting the right to work and preserving its fundamental nature and identity as guaranteed by the Constitution.

Ключови думи:

constitution; right to work; limitations to the right to work; main employment relationship; additional employment relationship; trade secret; protection of the trade secret; conflict of interest; prevention of conflict of interest.

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