The Supreme Court of Cassation awarded an Interpretative Judgment based on Gugushev & Partners Law Office proposal! / 26.01.2022 г.
Gugushev & Partners Law Office represents 16 former employees of one of the most popular banks in Bulgaria, acquired by another multinational bank and the respective employees who were fired on the grounds of „closure of part of the enterprise “.
Due to discrepancies in the court practice, a non-consistent outcome of the cases was at hand. Hence the dispute resolution team of GPLO, led by Mrs. Dafinka Stoycheva, initiated an opening of the so-called “Proposal for Interpretative Judgment” to all competent legal authorities to highlight the crucial importance and impact of this problem.
Our proposal was admitted by one of the judge panels of the Supreme Court of Cassation and interp. case No 5/2019 was opened by the Chairman of the Supreme Court of Cassation.
On 26.10.2021 Interpretative Judgment No. 5/2019 by the General Assembly of the Supreme Court of Cassation has been awarded identifying what procedure the employer must follow when firing employees on the grounds of „closure of part of the enterprise.“ The Supreme Court has interpreted the respective ground for dismissal in accordance with our understanding, stating that „closure of part of the enterprise“ requires a permanent cessation of activities being performed in the closed part of the said enterprise.
This interpretation of the decision becomes mandatory for our courts and will allow the objective and dignified protection of Bulgarian employees in such situations.
Gugushev & Partners Law Office is pleased to contribute to the process of interpretive practice development and takes great responsibility when representing economically weaker parties in cases of public importance.