INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
that the most frequent are violations of procedures in public competitions, then non-recognition of
the education levels by the employers, which prevents the possible advancement in service,
according to the work experience and personal qualification of employees, illegalities related to
the termination of employment contracts, non-payment of contributions for pension and disability
insurance, as well as non-payment of salaries to employees by the employer.
Example: 182 The Ombudsman processed a complaint against the "Central Heating" Tuzla as the
responsible party, for violation of labor rights. The complainant states that seeking the protection
of her rights, she addressed the Cantonal Administration for Inspection Affairs asking them to
carry out an urgent inspection surveillance, because her employment contract was terminated
during her absence from work due to high-risk pregnancy. These are special categories of
employees protected by the Labor Law of the Federation of BiH. Also, the complainant was
dismissed in violation of the provisions of the Labor Law of the Federation of BiH relating to the
termination of the employment contract. At the request of the Ombudsman, the Cantonal
Administration for Inspection Affairs submitted a statement stating, inter alia, that an inspection
had been carried out at the complainant's request, and that the complainant's employment contract
had been terminated, contrary to Article 60 paragraph 1 of the Labor Law 183 during her pregnancy,
that the employer did not provide her a photocopy of the evidence of her health insurance coverage
effective since the beginning of her work, that the employer does not keep records of workers in
accordance with the provisions of the Labor Law and the Rulebook on the content and manner of
keeping records of workers and other persons engaged in work, that the employer has not published
the Rulebook in accordance with Article 118 of the Labor Law, all of it listed in the official record
of the inspection surveillance, and that measures will be taken against the legal and responsible
person in this legal matter in accordance with the Law. Later on, the complainant informed the
Ombudsman that her employer made a decision to re-established her employment status for an
indefinite period of time, thus successfully concluding the proceedings.
Example: 184 The Ombudsman processed a case in which the complainants identified the Cantonal
Public Utility Company “Park” d.o.o. as the responsible party for violation of employment rights.
They state that their contributions for pension insurance for the period from 01 January 2013 - 05
March 2017 have not been paid due to which they cannot exercise the right to a pension. They also
state that the debts that the Company Park had towards other workers have been settled. At the
request of the Ombudsman, the responsible party submitted a statement stating, among other
things, that the complainants' employment contract was terminated due to retirement. With regard
to the allegations that their contributions had not been paid, they were partially founded. The said
statements were forwarded to the complainants for information and comment. The responsible
party informed the Ombudsman that they had paid a sum of money on behalf of the complainants
for pension and health insurance contributions as well as unemployment insurance for the period
that had not been paid. The complainants informed the Institution that the violation of the right
that was the reason for addressing the Institution was eliminated, which successfully completed
the procedure.
Ž-SA-04-653/19
Official Gazette of the FBiH, no. 26/2016 and 89/2018
184
Ž-SA-04-1350/18, Ž-SA-04-118/19
182
183
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