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Bulgaria’s Ombudsman Referred to the Constitutional Court over Workers’ Rights
Bulgaria’s national Ombudsman Maya Manolova referred to the Constitutional Court with a request for the establishment of unconstitutionality of Art. 245, para. (1) of the Labor Code, which obliges employers in financial difficulties to pay up to 60% of the due wages to their employees, the press office of the public defender said on 21st of April.
The provision contains an internal contradiction because the worker is harmed by the employer because the worker performs his duties but only 60% of the salary is guaranteed.
According to Manolova, Art. 48 para. 5 of the Constitution says it very clearly – workers shall be entitled to full pay for the work performed.
The provision of the Labour Code also contradicts the principles of the rule of law and welfare under the provisions and the Preamble of the Bulgarian Constitution.
"Labour remuneration is the main and often the only source of income for the employee. In many cases only one of the two parents is employed and then the only income is the reduced remuneration under Art. 245, para. 1 of the Labour Code. This is the income on which the whole family relies, " Manolova wrote in the complaint.
At the end of March, the ombudsperson proposed changes to the legislation to address issues related to employers who delay or do not pay wages to workers.Because of frequent complaints by workers, who were not paid their wages, Manolova proposed amendments to 4 laws. amendments to 4 laws.
Earlier, on 17th of March, Manolova referred to the Chief Prosecutor Sotir Tsatsarov in relation to the unpaid wages and the violated rights of workers in the shoe-making factory "Abondantsa" in the town of Dupnitsa.
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