SCC with a decision of significance for the development of the law: In the case of reduced working hours established by the employer pursuant to Article 138a (2) of the Labor Code, the remuneration due to the employee depends on the actual duration of the working time.

Our team achieved significant success defending a client before the Supreme Court of Cassation (SCC) in an employment dispute related to the amount of remuneration in the event of reduced working hours established by the employer in the event of a declared state of emergency or emergency epidemic situation (Article 138a, para. 2 of the Labour Code). The Court held that in this case the general rule set out in Article 247, para. 1 of the Labour Code shall apply. As per the said rule the amount of remuneration depends on the actual duration of working time. This decision not only protected our client's interests but also contributed to clarifying the new legal regulation of employment relations during the period of a declared state of emergency or a declared epidemic situation.

 

According to the decision of the SCC, in case of unilateral establishment of reduced working time on the basis of Article 138a, para. 2 of the Labour Code, the general rule set forth in Article 247, para. 1 of the Labour Code shall apply. As per the said general rule the amount of remuneration depends on the actual duration of the hours worked. The arguments supporting the decision of the SCC is the absence of a special law derogating the application of the general provision and the rule against unmerited gain.

For the full article, please visit the CEE Legal Matters website:
https://ceelegalmatters.com/bulgaria/28863-scc-in-case-of-reduced-working-hours-remuneration-due-depends-on-the-actual-duration-of-working-time