Reflex Legal Consequences of Disciplinary Dismissal

Abstract

Disciplinary dismissal has the main (direct) legal consequence of the sudden and immediate termination of the employment relationship. The current Bulgarian legislation also regulates the so-called reflexive (side) and secondary consequences of disciplinary dismissal. The common and unifying factor between these reflexive consequences, which are different in content, is their unfavorable nature for the disciplinary dismissed person. In some cases, the secondary negative legal consequences caused by disciplinary dismissal are superimposed on the termination of the employment relationship itself, i. e. they have legal effect between the parties to the already terminated employment relationship. In other cases, the secondary negative consequences arise and affect other types of legal relationships. The reflexive (side) consequences of the disciplinary dismissal can be systematized into three groups: limitation of the individual’s labour legal capacity; occurrence of unfavorable property consequences and occurrence of other unfavorable consequences. The commonality between the normative hypotheses of these three groups of reflex consequences of disciplinary dismissal is their sanctioning nature. The legal norms that regulate them are typical sanctioning legal norms. The regulated legal sanction is superimposed and complements the legal sanction that is contained in the disciplinary dismissal itself as a type of disciplinary punishment.