In accordance with the Work Programme of the Government of the Federation of Bosnia and Herzegovina (FBiH), the Federal Ministry of Labour and Social Policy has submitted the Preliminary Draft of the Labour Law to the Government of the FBiH for consideration and adoption, after which the law, in the form of a draft, would be forwarded to parliamentary procedure.
The Preliminary Draft of the Labour Law is the result of almost two years of intensive work, broad social dialogue, and extensive public consultations. In the drafting process, opinions were obtained from all cantons in the FBiH, the Office for Legislation and Harmonisation with European Union (EU) regulations, competent bodies for alignment with the legal acquis of the EU, federal and cantonal labour inspectorates, as well as all relevant federal and cantonal ministries and institutions, except the Federal Ministry of Justice and the Ministry of Finance.
Opinions of social partners, namely employers’ associations and trade unions, were also obtained, and the draft was submitted for opinion to the Economic and Social Council of the FBiH.
The law is fully aligned with European directives and conventions, and was drafted with strong cooperation with the International Labour Organization (ILO), the European Commission, United Nations (UN) Women, and other international partners.
The proposed law represents a significant step forward in regulating the labour market in the FBiH, with the aim of improving the position of workers, increasing legal certainty, while at the same time enabling more flexible and predictable business operations for employers.
“For workers, the Preliminary Draft of the Labour Law brings a number of important improvements. Employment for an indefinite period becomes the systemic rule, thereby strengthening job security and reducing insecure and long-term fixed-term employment. Rights arising from employment relationships are significantly improved, employment contracts are regulated in more detail, as well as record-keeping, protection of trade union representatives, disciplinary procedures, and inspection supervision,” stated the Federal Minister of Labour and Social Policy, Adnan Delic, in his capacity as the competent minister and proposer of this draft law.
Special attention, Minister Delic noted, is devoted to the protection of women, families, parents, and children. The law expands the rights of mothers, fathers, adoptive parents, guardians, and foster parents, enables more flexible use of parental leave, specifies part-time work at half of full working hours, and for the first time introduces specific penal provisions for discrimination on the grounds of pregnancy, gender, and parenthood, including a ban on conditioning employment on pregnancy tests and on denying rights during pregnancy and parental leave.
A significant novelty is also the abolition of limits on the duration of annual leave, thereby correcting long-standing injustices towards certain sectors such as education, healthcare, mining, and others, while the duration of annual leave is expanded and linked to collective agreements and special regulations.
For employers, the law introduces a broader range of lawful and clearly regulated labour arrangements, thereby reducing legal uncertainty and the grey zone of work. Seasonal work, remote work, work at an off-site workplace, work in emergency situations, as well as work through digital labour platforms, are introduced and precisely regulated. The operation of temporary employment agencies is specifically regulated, in line with European directives and conventions, thereby regulating an area that already exists in practice but without clear rules.
The law further elaborates issues of wages and wage supplements, including overtime work, night work, Sunday work, and work on days when the employee was not obliged to work, with the possibility of ensuring additional rights through collective agreements and work rulebooks.
Working hours remain organised at 40 hours per week, while breaks are planned within paid working time, with the possibility of adjustment to specific activities, which is a solution aligned with practice in EU countries and the region.
For the first time, the Preliminary Draft of the Labour Law also regulates in detail the work of the Economic and Social Council of the FBiH and the cantons, thereby strengthening the institutional framework of social dialogue and fulfilling one of the important conditions on BiH’s European path.
The Federal Ministry of Labour and Social Policy emphasises that the Preliminary Draft of the Labour Law does not represent a compromise that satisfies only one side, but a balanced attempt to respond to the needs of the modern labour market, protect workers’ rights, and ensure a more competitive and stable business environment in the FBiH.
