Although the decline in the birth rate in our country is often talked about, one of the major causes of such a situation is rarely talked about. It is a violation of the labor rights of women who decide to become mothers. Regardless of the legal regulations that should ensure their protection, we are increasingly witnessing situations where pregnancy means termination or non-renewal of the contract. It is a game of employers that is rarely reported, not sanctioned, and becomes our everyday life.
When Majda Đulović informed her employers at the time that she was in a pregnant, she was primarily told not to worry about her position and that her contract would be extended. In the sixth month of her pregnancy, she was informed that a new annex to the contract was signed, which implies the termination of the employment relationship. The reason was solely pregnancy, because she was told that, after everything is over, they can hire her again, but that she is losing her job for the time being.
“‘You are a reliable and hard worker. When all that is over, our doors are open to you.’ That was devastating for me,” she says.
Thus, during her pregnancy, when she most needed support, Majda was left without income. Although according to the Labor Law the employer can not extend the contract for a fixed period without incurring sanctions, it is clear to everyone that the contract is not extended because the woman is not a good employee, but because she is in a different state.
“It was terrible for me. I was humiliated, firstly as a person, secondly as a worker because I really tried – as my former colleagues know – to make it my next place of belonging. And it is unbelievable that it is an excuse for someone not to extend your contract, to leave you without a job,” Majda points out.
Fixed-term contracts of several months each, which must be extended, are the tactics of most employers in Bosnia and Herzegovina, according to the profession. Thus, they avoid having to bear sanctions, and even if they give a contract for an indefinite period, it is easier for them to pay fines for breaking the law, which are relatively small, in the Federation up to three thousand marks, than to contribute during pregnancy and maternity leave.
“Often, the right to maternity leave is disabled because the employer terminates the employment relationship or, simply, does not extend the employment contract that was concluded for a certain period of time. That’s why we say that the rights to pregnancy and maternity are the least desirable rights for employers – which is, of course, a violation of basic labor rights”, emphasizes Saša Leskovac, expert advisor at the BiH Agency for Gender Equality.
In addition, employers manipulate dismissals due to maternity benefits. It is an increasingly present problem that the competent authorities should especially investigate, according to interlocutors.
“In some cases, the job is deliberately given. A woman comes to the office, receives 1,000 BAM, after the expiration of that time period she returns to work, which frees the employer from paying any taxes,” explains lawyer Boris Krešić.
Women in Bosnia and Herzegovina face discrimination already when looking for a job. According to research conducted by the Agency for Gender Equality, out of five hundred samples, a third of women had to answer questions about their marital status, plans for offspring and the number of children during a job interview.
“This means that in the case of a third of the women in the sample, there was the intention of the employer to discriminate against them on those grounds,” points out Leskovac.
“It is absolutely wrong to ask such questions and you should report to the inspectorate if you are asked such questions because then the employer, that is, the legal entity, can be fined,” said Krešić.
That is why it is important that women know their rights and react to their violation. Higher fines for employers could be one of the solutions, but, above all, we need to work on changing awareness and applying existing laws that in theory protect women. Women should not calculate their decision to be mothers because of the fear of dismissal, but employers, without manipulation and discrimination, should fulfill their obligations, Federalna writes.
