site.btaMajor Change to Labour Legislation Introduced without Public Consultation, Ombudsman Says

A major change to labour legislation is being introduced through the transitional and final provisions of the 2026 State Budget Act, with no public consultation and not considering the opinions and positions of trade unions, employers and workers, Ombudsman Velislava Delcheva said in a television interview on Thursday. 

Delcheva said the definition of the rules on calculating length of service is too wide in scope and likely to create uncertainty among members of the public.

On Wednesday, Delcheva asked the Constitutional Court (CC) to rule certain provisions of the 2026 State Budget Act concerning the freeze on the minimum wage and hours-based calculation of the length of service unconstitutional. Later the same day, acting on that request, CC opened proceedings.

Delcheva said an analysis should be carried out to determine whether the amendments are proportionate to their stated aim, given the lack of reasoning and a preliminary impact assessment. She added that “no reasons have been provided, and changes requiring separate and careful scrutiny are being introduced through a misuse of legislative technique”.

Delcheva said the CC is staffed by responsible professionals and, although its proceedings are known to take longer, they will take into account that this is a budget law that has been in force for a year. She expects CC to recognize that the legislative amendments require a swift ruling, as their effects will continue to apply.

Delcheva said the current wording fails to distinguish between length of service, working time and contributory service. Working time is the period during which a person is required to work, she said, adding that there can be no unfairness between people working eight hours and those working four, as pay is based on hours worked.

Length of service reflects experience gained in employment and is the calendar period during which a person is in an employment relationship with an employer, giving rise to additional rights, Delcheva said.

Responding to a question on whether people working four-hour days are the most vulnerable or whether some are part of the shadow economy, Delcheva said there are better ways to tackle undeclared work. Contributory service should not be confused with length of service either, as it is determined on the basis of social security contributions paid.

She cited maternity leave and paid annual leave as examples of periods recognized as both length of service and contributory service even though no work is actually performed.

Regarding the minimum wage, Delcheva said there is no clarity as to when a new mechanism for calculating it will be introduced. On July 24, Parliament decided that a new mechanism should be developed for setting the national minimum wage and that, until then, it should remain at its 2026 level of EUR 620.