CRITICAL ANALYSIS OF INTERPRETATIVE DECISION NO. 4/2017 OF FEBRUARY 1, 2021, IN INTERPRETATIVE CASE NO. 4/2017 OF THE GENERAL ASSEMBLY OF THE CIVIL COLLEGIUM OF THE SUPREME COURT OF CASSATION. DISTINGUISHING DISMISSAL FROM DECLARATION OF INVALIDITY OF THE

Author

Hristo Banov

Annotation

In the study, a comprehensive analysis is conducted of Interpretative Decision No. 4/2017 of February 1, 2021, in Interpretative Case No. 4/2017 of the General Assembly of the Civil Collegium of the Supreme Court of Cassation. The primary conclusions formulated as part of the motives of the cited interpretative decision, as well as its operative part, are critically assessed with reasoned arguments. A distinction is drawn between dismissal and the declaration of nullity of the employment contract, the absence of which constitutes a significant shortcoming in the interpretative decision, leading to incorrect resolutions of some of the issues addressed therein.

Keywords

dismissal, lack of qualities, change in the requirements for the performance of the job, education or professional qualification required for the work performed, invalidity of the employment contract, mistake as to the person.