Ombudsman Velislava Delcheva has referred provisions of the Transitional and Final Provisions of the 2026 State Budget Act to the Constitutional Court, seeking a ruling that they are unconstitutional.
The challenged provisions amend the method of calculating length of service and abolish the mechanism for the annual determination of the minimum wage.
According to the Ombudsman, the new rules replace the existing system of calculating length of service based on days worked with one based on hours worked. This primarily affects people employed on a part-time basis, including parents of young children, people with disabilities, students, pensioners and those caring for relatives.
"For these individuals, the new regime is not merely a matter of accounting or administrative recording of length of service; it delays its accrual and may reduce rights directly linked to employment, including paid annual leave, additional leave entitlements, supplementary remuneration for length of service and professional experience, compensation whose amount or entitlement depends on the duration of service, as well as eligibility for positions for which the law requires a specified period of employment or professional experience," the application states.
The application argues that the changes could delay or reduce rights linked to length of service, including paid leave, additional remuneration for length of service and professional experience, compensation, and eligibility requirements for certain positions.
The Ombudsman is also challenging the abolition of the existing mechanism for determining the minimum wage. In her view, the absence of a clearly defined alternative creates legal and economic uncertainty for employees.
The application argues that the contested provisions are incompatible with the constitutional principles of the rule of law and the social state, constitutional protection of labour, and the right to a minimum wage.
Delcheva also questions the way the amendments were adopted—through the Transitional and Final Provisions of the 2026 State Budget Act, without a separate bill, an impact assessment or consultation with the National Council for Tripartite Cooperation.
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