| Език: |
Български
|
| Държава: |
България
|
| ISSN: |
0861-1815 |
| Автор: |
Мария Минчева
|
| Заглавие на статия: |
Каква е ролята на работодателя при реализиране на особената закрила от държавата на жените майки |
| Паралелно заглавие: |
What is the role of the employer in the realization of the state's special protection of mothers |
| Заглавие на списание: |
Съвременно право
|
| Том: |
29 |
| Година: |
2018 |
| Книжка: |
4 |
| Страници: |
66-74 |
| Научна област: |
Социални, стопански и правни науки
|
| Научно направление: |
Право
|
| Ключови думи: |
paid leave, maternity, parental leave, Court of Justice of the EU, case C-12/17, Directive 2003/88/ÅC, Framework Agreement on Parental Leave |
| Интернет адрес: |
|
| Резюме: |
The article was written on the occasion of a letter of October 2018 from the Association of Organizations of Bulgarian Employers (AOBE), the members of which are four organizations of Bulgarian employers that are representative at the national level (the Association of Industrial Capital, Bulgarian Industrial Association – Union of Bulgarian Business, Bulgarian Chamber of Commerce and Industry and the Confederation of Employers and Industrialists in Bulgaria), to the Deputy Prime Minister of economic and demographic policy, who is also the chairperson of the National Council of Tripartite Cooperation, and the Minister of Labour and Social Policy. The letter contains a request for making legal amendments aimed at putting an end to the practice of accumulation of paid annual leave for the period during which the female worker or employee uses her child-raising leave. The letter of the AOBE was occasioned by a Decision of the Court of Justice of the EU in preliminary ruling proceedings and by the criticism of employers. The article gives comments on the considerations presented in the public domain against the legal effect of the Decision of the Court and treats the question of whether or not it necessitates an amendment to be made into the national legal regulation. A historical review is made of the system of leave in Bulgaria, the operating national regulation, the practice of the Constitutional Court of the Republic of Bulgaria and the regulation of parental leave in certain international acts applied in Bulgaria. Consideration is given to the issue of whether it is possible for the right to paid annual leave to be an instrument of influencing the demographic picture. |