Alteration and termination of an employment relationship with statutory time-dependent expression of the parties’ will

Abstract

The subject matter of analysis in this scientific work is formed by the hypotheses of alteration and termination of an individual employment relationship regarding which there exists statutory time dependence and sequence in the expression of the will of the parties to the relationship. An overview is made of those theoretical theses on this issue which are found in Bulgarian labour law literature and the opinions in the judicial practice.In order for the specifics of these issues to be outlined, a presentation is made of the matters of principle in the cases of alteration and termination of an employment relationship by mutual consent of the parties thereto. This is a principle that the legislator has adopted as a result of the contractual nature of the individual employment relationship. Those hypotheses of alteration and termination of an employment relationship which include statutory time dependence and sequence in the expression of the will of the parties are exceptions to this principle and are explicitly regulated in the legislation. In these hypotheses of alteration and termination of an employment relationship the legislator explicitly specifies which of the two parties to the employment relationship must be the first to take the initiative (to make a proposal of the respective content to the other party).