Ombudsperson: Government conditions for the 13th salary undermine equality and legitimate expectations

The Ombudsperson has issued an opinion on the criteria set out in the decision of the Government of the Republic of Kosovo concerning the allocation of the 13th salary to all employees paid from the budget of the Republic of Kosovo.

Through this document, the institution aims to provide an overall assessment of the decision and the consequences of its implementation. The analysis was conducted in relation to legal standards concerning equality, proportionality, legitimate expectations, legal certainty and the protection of the property rights of employees paid from the budget of the Republic of Kosovo.

According to the Ombudsperson, enshrining the 13th salary in law, as stipulated in Article 32, paragraph 1, of Law No. 10/L-001 on Budget Appropriations for the Budget of the Republic of Kosovo for 2026, creates a legitimate expectation that this payment will be made as an individual property right. This right is directly linked to the provisions of Article 1 of Protocol No. 1 to the European Convention on Human Rights (ECHR).

The institution emphasizes that criteria and administrative decisions adopted to implement a legal provision cannot restrict rights expressly guaranteed by law. Consequently, they cannot go beyond the legal provisions or impose additional conditions that infringe upon legally recognized rights.

The Ombudsperson considers that an approach such as the one implemented through Decision 02/07 of the Government of the Republic of Kosovo affects the legitimate expectations and legal certainty of employees paid from the budget of the Republic of Kosovo. Both are considered important elements of the rule of law.

The opinion also emphasizes that the legal regulation of the 13th salary must guarantee equal treatment among beneficiaries, based on clear and reasonable legal criteria that do not undermine the purpose for which the salary is allocated.

According to the Ombudsperson, this opinion may serve as guidance to the Government of the Republic of Kosovo and the Assembly of the Republic of Kosovo. When adopting acts concerning the 13th salary, these institutions should take into account inclusiveness and the equal treatment of all employees who have met the legal requirements for receiving it.