Chapter one is devoted to the evolution of the philosophy of the legal framework and the theoretical formulations concerning the control of compliance with labour legislation. Labour law is among the branches of law with the most pronounced protective function. The right to work is at the core of the social relations that arise, develop and terminate, respectively are regulated at each social stage by labour law norms. Labor rights - individual and collective need protection and respectively to this control to ensure their observance.
TopNature, Characteristics, And Functions Of Labour Law Compliance Monitoring
Labour law is among the branches of law with the most pronounced protective function. The right to work is at the core of the social relations that arise, develop and terminate, respectively are regulated at each social stage by labour law norms. Labor rights - individual and collective need protection (Andreeva, A. et al, 2020) and respectively to this control to ensure their observance. Bulgarian labour law has a centuries-old history, beginning after the country's liberation, when the foundations of its economic, political and social development were laid. Inevitably, this is connected with the construction and development of law, including labour law, which is called upon to regulate and protect the relations arising in the provision of labour power.
The monitoring of compliance with labour law can be considered in various aspects.
First of all, it is a specific state activity to ensure legality at different stages of the emergence and development of labour relations.
Secondly, control can also be presented in a more specific aspect, as an authoritative activity exercised by the competent bodies of the executive power in the process of implementing labour legislation.
Through it, the executive branch, in the form of specialised state control bodies, aims to ensure the actual implementation of labour legislation. This character is expressed in the rights and means of influence of the control bodies. Sub-controlled organizations and subjects are obliged to bear the implementation of the control and the consequences it entails, including when they are unfavorable for them (Mrachkov, V., 2016).
In this sense, it is characterized by dynamism and consistency of concrete actions.
Thirdly, while the control activity is an administrative activity referable to the executive power, administrative punishment by its nature is a judicial activity (Staynov, P., 1952)(Lazarov, K., 2001).
Fourth, the control is comprehensive and covers all acts relevant to the legal branch of labour law as well as all branches and activities. Moreover, control activity extends not only to employment relations but also to service relations in terms of compliance with the legal requirements of the civil service.
According to data from the annual report on the activities of the Executive Agency “General Labour Inspectorate” in 2020, S., 2021, p. 6 As a result of the inspections carried out in 2020, a total of 153 739 violations of the requirements of labour legislation, labour migration and labour mobility and the civil service were detected. The distribution of violations by main groups is as follows:
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79 760 violations of occupational health and safety (OHS) legislation;
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breaches of the legal requirements governing employment relationships (LPRs) - 73 389;
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violations of labour migration and labour mobility standards - 532;
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58 infringements of civil service rules.
Administrative law protection of the right to work is one of the forms of labour protection regulated in Bulgarian legislation. (Dimitrova, D., 2020b) (Aleksandrov, A., 2016) (Aleksandrov, A., 2017) In the present scientific research, speaking about the control of compliance with the labor legislation, only the administrative control is meant, characterized by the executive-regulatory nature of the activities included in it. This control is characterized by its authoritarian nature, a reflection of which are the means of influence granted to the control bodies. Thus, by using the coercive power of the State, the aim is to remedy the unlawful situation resulting from non-compliance with labour legislation. In this sense, administrative control is to be distinguished from the control exercised by the organs of state power (standing committees of the National Assembly, the Council of Ministers, ministers, etc.); from the activity of the courts in dealing with labour disputes and from the supervision of the public prosecutor's office to observe legality.