ZAÅ TITA PRAVA U BOSNI I HERCEGOVINI - Solidar

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Labour rights study in Bosnia and Herzegovina be terminated only under the conditions defi ned by the law and collective agreement. Pursuant with this Constitution, employees have the right to limited working hours, paid vacations and leaves, safety at work, special protection of youth, women, and the disabled. Freedom of trade union organizing and the right to strike, right to social security and social insurance of employees and their families and the right to unemployment insurance have all been guaranteed under the conditions prescribed by the law. Labour rights study in Bosnia and Herzegovina International conventions of legislative character give optimum possibilities for protection and improvement of respect of human rights. An individual, in this case, can refer to his/her rights and effi ciently protect them. Still, with the international plan in question, it is a fact that mechanisms, which have been accepted by now, have a rather limited range. Regular supervision- or international supervision based on the reports submitted by the states pertaining to the application of ratifi ed human rights conventions, and special supervisions, be it those of quasi-legal character or those implemented by the relevant UN bodies- in principle comes to a political pressure on the member states based on the competent UN bodies’ recommendations. In that sense, the situation universally still far from how it is understood regionally or in Europe. Disregard of the European social charter and disregard of decisions of the European court for human rights can result in expelling the country in question from the Council of Europe. 4. Harmonization with international standards, especially with the ILO practice on provisions of ILO conventions Bosnia and Herzegovina has ratifi ed a total of 68 ILO conventions and is due to implement them in positive legislation. Many of the ratifi ed conventions are related to labor and labor relations regulations and safety of work in maritime activities, which, at the moment, is not relevant for BaH. In the same way, BaH has ratifi ed many of the most important ILO conventions relevant for the area of labor, labor relations and safety at work. Thus, entity laws are mostly grounded on the basic principles of the adopted conventions. However, we should assure a greater degree of harmonization of labor regulations with the adopted conventions, which would mean progress in realization of a greater degree of social justice. This, above all, pertains to the Convention on paid vacation number 132, Convention on minimum age number 138, Convention on protection of motherhood number 103, Convention on equal remuneration of men and women workers to equal pay for work of equal value number 100, Convention on safety at work and health safety number 155 etc. In BaH Federation, the latest Law on Amendments of the Labor law, which 32
Labour rights study in Bosnia and Herzegovina has entered legal procedure, stipulates new provisions that in a more detailed way defi ne prohibition of discrimination and types of discrimination in the area of labor and employment, prohibition of harassment and sexual harassment, gender based violence and systematic harassment at work and related to work including mobbing as specifi c form of systematic harassment. The aforementioned amendments stipulate possibilities of court processing of discrimination cases in the sense of this law’s provisions, whereby the burden of proving is up to the employer as well as the right to damage compensation in case of well-founded claims. The prohibition of discrimination in the sense of the draft Law on Amendments of the Labor law in the BaH Federation pertains to discrimination related to terms of employment and selection of candidates to perform a certain job; labor conditions and all rights from the labor relation; education, training and advanced training; promotion at work and cancellation of labor contracts. The provisions of the labor contract defi ning discrimination on any of these grounds are considered null and void. The law also stipulates a new article which clearly prescribes that the employer is due to pay equal salaries for the work of equal value to workers regardless of their national, religious, gender, political and trade union affi liation. Work of equal value implies the work requiring equal level of professional training and education, equal work ability, responsibility, and physical and intellectual work. Labour rights study in Bosnia and Herzegovina Failure to observe these legal provisions stipulates a fi nancial sanction for the employer-as a legal entity, the employer- as a physical entity as well as the person in charge in the legal entity. The attempt of such legal proposals, meant to provide clearer and more detailed legal order, was to act more specifi cally on the improvement of gender equality and their application in this relevant area of social relations. Furthermore, general labor acts have not been fully harmonized with the ILO conventions (Convention 29 on forced labor and Convention 105 on abolition of forced labor), prohibiting all types of forced or mandatory labor in all of its shapes. Namely, Article 32, paragraph 1 of the BaH Federation Labor law (FBaH Offi cial Gazette 43/99, 32/00 and 29/03) and Article 43 of the RS Labor law (RS Offi cial Gazette 38/00, 40/00,47/02,38/03,66/03 and 20/07) stipulate that in case of force majeure (fi re, earthquake, fl ood) and sudden increase of work, as well as in other cases of necessity, the employee, at the employer’s request, is obliged to work longer than regular working hours, i.e. overtime, for up to 10 hours a week at most. This provision of the Labor law is often misused by the employer in the sense that employees are often requested to work longer hours justifying it by an increased amount of work. In such cases, where the labor legislation leaves possibilities of manipulation and in a time of great unemployment or lack of jobs, the employer can easily misuse the provisions and easily justify work 33
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ZAÅ TITA PRAVA U BOSNI I HERCEGOVINI - Solidar

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