INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Contract and that she was continuously assigned to a lower-ranking post of an auxiliary worker,
while at the same time assigning the duties of a waiter to persons who did not have the necessary
professional qualifications for this specific position. Instead of being promoted, as the complainant
has an even higher level of education (college studies) that has not been recognized so far, the
relevant employer representative degrades her and puts her in a humiliating position compared to
other employees. After the intervention of the Ombudsman, the response of the director of the said
public company was submitted 192 and explanation provided for this point of dispute. After the
Ombudsman's intervention the complainant informed the Ombudsman that her employer changed
attitude, assigned her to a new duty corresponding with her qualifications and experience thus
meeting all her requirements. This case was resolved to the favor of the complainant.
6.1.1. Severance pay in the Republika Srpska and the Federation of Bosnia and Herzegovina
The right to severance pay for illegal work termination in Republika Srpska is prescribed by
Articles from 152 to 159 of the Labor Law 193. Provisions of Article 152 of the Labor Law read as
follows: „ Employees having employment contract on the day of 31 December 1991 with the
employer having seat on the territory which is now part of the Republika Srpska, whose working
relationship with that employer was illegally terminated between that date and the effective date
of this Law, shall have the right to file a request for severance pay..."
In the Federation of Bosnia and Herzegovina the right to severance pay related to illegal
employment termination is governed by articles 143, 143a, 143b, 143c of the Labor Law 194. In
this regard, Article 143.= of the Law reads: „ An employee who was employed on 31 December
1991 and who, within three months from the effective date of this law, addressed in written form
or directly the employer for the purpose of establishing the legal and working status - and had not
accepted employment from another employer during this period, shall also be considered a laid off
employee “. Furthermore, Article 143a of the same Law reads: „...within 90 from the date of this
Law entry into force an appeal can be lodged to the Cantonal Commission for Implementation of
Article 143 of the Labor Law“.
Example: 195 The complainant claimed that the Republika Srpska Ministry of Labor and Veteran
and Disability Protection Commission for Implementation of Article 152 of the Labor Law
adopted a decision in 2016 granting her the right to severance pay which was not implemented yet.
Ombudspersons addressed the Republika Srpska Ministry of Labor and Veteran and Disability
Protection which provided a reply according to which that according to chronological order of
payment currently paid are amounts under decisions adopted in 2012. The Ombudsman informed
the complainant about it and closed the case.
Example: 196 The complainant designated the Ministry of Justice of the Republika Srpska as the
responsible party related to an appeal from a decision of the Attorney General's Office of the
Republika Srpska, which has not been decided upon until the moment of addressing the Institution.
192
A document no.: 745 dated 04 February 2019
"Official Gazette of the Republika Srpska", no. 38/00, 40/00, 47/02, 38/03, 66/03 and 20/07
194
'' Official Gazette of the Federation of BiH'' no. 43/99, 32/00, 29/03
195
Ž-BL-05-298/19
196
Ž-BL-05-420/19
193
52
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