INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
The Ombudsman was not consulted during this process, and it remains to be seen how this policy
will be implemented in practice.
10.4. Individual examples of general interest
10.4.1. Mobbing
Article 4 (3) of the Law on Prohibition of Discrimination in Bosnia and Herzegovina 469 provides
that "mobbing is a form of non-physical harassment in the workplace which involves repetition of
actions that have a degrading effect on the victim with the purpose or effect of degrading working
conditions or the professional status of the employee."
The specificity of mobbing is reflected in the fact that it constitutes a special form of discrimination
for the existence of which no prohibited basis is required. An additional element that is necessary
for the existence of a mobbing operation is the repetition of mobbing actions, that is, their
performance over a long period. Repetition of actions implies the existence of temporal
continuity 470. The law does not specify what time period it is, and therefore the Ombudsmen
particularly appreciate whether it was more than one action that may have a degrading effect that
occurs over a period of time.
The fact is that there are many citizens who are exposed to mobbing today but do not turn to the
Ombudsman Institution or seek judicial protection for fear that they may be out of work in that
case. Victims of mobbing are also exposed to stress as mobbing has consequences for their health,
and often complaints from psychologists, psychiatrists or other professionals are attached to
complaints to the Ombudsman Institution. The mitigating circumstance for the victim of mobbing
is reflected in the fact that the burden of proof lies with the alleged offender. In practice, the
offender is a person in a position of power in relation to the victim and does his or her best to
disprove the existence of mobbing, invoking his/her rights arising from various internal and
general acts. Similar to the previous reporting period, citizens most often addressed the
Ombudsman Institution because of the hostile workplace environment, insulting and humiliation
by superiors, preventing promotion in the service, selective and incomplete exercise of
employment rights with regard to annual leave, professional rights training and remuneration. The
most commonly reported form of mobbing is the so-called vertical mobbing that exists when the
superior abuses one particular worker, while a significantly smaller number of complaints relates
to horizontal mobbing, i.e. mobbing between workers on equal footing in the hierarchical scale.
In any case, the goal of mobbing is to force employees to leave the workplace and thus further
degrade economically. The designated responsible authorities in their statements to the
Ombudsman state that the complainant's allegations are untrue, that the transactions are sometimes
carried out under changed conditions due to the specific nature of work processes ..., whereby the
allegations and statements of the designated responsible party are counteracted and due to the lack
469
BiH Official Gazette, No. 59/09 and 66/16
There are also opinions of some experts that the condition of repetition, that is, continuity of mobbing operations
is not necessary in each case, since mobbing can be carried out with only one action, provided that the effect of that
action is long-term.
470
118
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents