ZAÅ TITA PRAVA U BOSNI I HERCEGOVINI - Solidar

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Labour rights study in Bosnia and Herzegovina - Article 143 and Article 152 of the entities’ labor law – Labour rights study in Bosnia and Herzegovina One specifi c problem burdening the labor market in BaH and its entities is the problem of employees who lost their job during the war. The entities’ labor law provisions (Article 143 of the BaH Labor law and Article 152 of the RS Labor law) stipulate that those employees who were left jobless during the war for they could not come to work and report, under certain rights are entitles to reestablish their labor-legal status, or to get compensation as a severance pay for getting illegally fi red. As employers refused to decide in accordance with employees’ claims related to reestablishment of the laborlegal status and calculations of severance pay, a Committee for Implementation of the Article 143 has been established in the BaH Federation while in the RS, claims are fi led to a specially created fund established by the RS government for these purposes and its duties are to pay severance pays. In the BaH Federation, aside from the fact that employees received fi nal decisions of the Committee, severance pays were still brought into questions so employees were forced to go to court and receive the severance pay via enforcement action. Still, for the most number of cases, authorities in charge would bring negative decisions. Also due to the process length, most employees stopped insisting on the process termination thinking that a lot of time had passed and that they would never be able to settle their claims. According to the legislation in force, the category of the so-called ‘waiting workers’ offi cially does not exist. In practice, however, the situation is completely different. Another example of a benefi ciary of ‘Initiative for Development and Cooperation BaH’ is a good illustration of how these provisions are applied: The benefi ciary has been ‘waiting’ for her job since 2001 and up until this day has been unable to resolve her situation and claim her status. She is still registered in PIO and health insurance fund registry. The company still exists in the court registry, it has not been erased, but it offi cially does not work. Her employment record card is still in this company’s premises. She gave up the lawsuit instigated by this company’s employees because she could not afford a legal representative. Activities related to proclaiming the company’s bankruptcy are under way. - Safety at work- The employer is due to assure necessary conditions for safety at work which assure employees’ lives and health, which familiarize employees with provisions from safety at work area, and is due to train the employee in such a way as to assure his or her life safety and health in order to prevent from accidents. The fact that the Law on 20
Labour rights study in Bosnia and Herzegovina safety at work from 1990 is still in force in BaH Federation speaks volumes about the situation in this area. Recently, there have been some advents in this area, since the BaH Federation government has laid down The Proposal of the Law on Security and Health at Work and has referred it to the parliamentary procedure. The problem with safety at work is big because accidents at work are frequent and some of them can be fatal. Both employers’ and employees’ awareness about risks is low, and because of the general crisis, employees take up work in dangerous conditions without adequate protection only to secure pay for them and their family. Employees who have life threatening jobs very often work illegally and are not insured against accidents so after the accident happens, they and their families face additional problems as how to get compensation from an insurance company or damage compensation from the employer. Trade unions and all other subjects participating in deciding and controlling of the national policy on safety at work, healthcare and work environment (state, employers, employees and others) should take greater interest in this problem so employees’ health and safety at work be one of their main preoccupations. They should also organize pertinent training and education programs. c. Role of Internal and External Actors Labour rights study in Bosnia and Herzegovina Pursuant with the provisions of the Labor law of both entities, employees who work for an employer employing at least 15 workers, are entitled to form an employees’ council which is to represent them in front of the employer in order to protect their rights and interests. These laws also defi ne employees’ rights to organize a trade union, to freely become its members, to step out of it, and not be in any less favorable position with the employer as a result of it. The purpose of the council of employees and trade unions is to protect and represent the interests of their member as well as all employees working for an employer. Workers’ right to association and collective negotiation is a model for the building of trust between the two, at fi rst sight, confl icted sides- on one side it is the employer whose primary motivation is profi t and the employees, on the other side, who want better work conditions. Interests of these two parties look only illusively confl icted. In essence, their interest is the same, and this is to achieve profi t from business activitiesthe level of business gain often determines the amount of pay, the level and scope of new business investment etc. Numerous studies have shown that the dynamics gained from freedom of association results in improved work conditions. This increases productivity, income and profi t for all in the production process. However, effectiveness of trade unions and workers’ councils is insuffi cient. Unfortunately, in BaH there is no real culture of trade union negotiations. Despite 21
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ZAÅ TITA PRAVA U BOSNI I HERCEGOVINI - Solidar

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