LRI 2022 Bosnia - CLR

Bosnia and
Herzegovina

2022 Score

88

2020 Score

N/A

Rating

Approaching
Decent Work

Fair
Wages

80

Decent
Working Hours

100

Employment
Security

40

Family
Responsibilities

100

Maternity
at Work

80

Safe
Work

100

Social
Security

100

Fair
Treatment

80

Child &
Forced Labour

100

Trade
Union

100

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§78, 159-162 and 171 of the Labour Law of FBiH, 2016; §1, 7, 9 & 34 of General Collective Agreement for FBiH, 2016
Does the law require regular payment of wages?	No	0	§79, 80, 106 and 171 of the Labour Law of FBiH, 2016; §10 and 17 of General Collective Agreement for FBiH, 2016
Does the law require overtime compensation be at least 125% of the regular hourly rate?	Yes	1	§12 of the General Collective Agreement FBiH, 2016
Does the law require additional compensation for working on a weekly rest day?	Yes	1	§46 of the Labour Law of FBiH, 2016
Does the law require additional compensation for night work?	Yes	1	§40, 42, 76 and 171 of the Labour Law of FBiH, 2016; §11 of General Collective Agreement for FBiH, 2016

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general working hours as 48 hours or lower?	Yes	1	§36, 38, 76 and 171 of the Labour Law of FBiH, 2016; §11 of the General Collective Agreement for FBiH, 2016
Does the law restrict maximum working hours including overtime to 56 hours per week?	Yes	1	§36 and 38 of the Labour Law of FBiH, 2016
Does the law require a weekly rest of at least 24 hours?	Yes	1	§46 and 171 of the Labour Law of FBiH, 2016
Does the law require paid public holidays?	Yes	1	Public Holidays Act 1992; §54 of the Labour Law of FBiH, 2016
Does the law require at least three working weeks of paid annual leave?	Yes	1	§47- 52, 81 and 171 of the Labour Law of FBiH, 2016

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§22, 24, 26 and 170 of the Labour Law for FBiH, 2016
Does the law restrict the hiring of fixed-term contract workers?	Yes	1	§22, 170 of the Labour Law for FBiH, 2016
Does the law limit the length of probation period including renewals to a maximum of 3 months?	No	0	§21 of the Labour Law for FBiH, 2016
Does the law require a 30-day notice before contract termination?	No	0	§21, 96, 97, 98, 99 and 100 of the Labour Law of FBiH, 2016; §27 of the General Collective Agreement for FBiH, 2016
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?	No	0	§111 and 171 of the Labour Law of FBiH, 2016

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	Yes	1	§62 of the Labour Law of FBiH, 2016
Does the law require at least one week of paid paternity leave for fathers?	Yes	1	§53 of the Labour Law of FBiH, 2016
Does the law require flexible work arrangements for workers with family responsibilities?	Yes	1	§63 and 64 of the Labour Law of FBiH, 2016
Does the law require paid nursing breaks?	Yes	1	§65 of the Labour Law of FBiH, 2016

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§8, 60 and 171 of the Labour Law of FBiH, 2016
Does the law require paid maternity leave of at least 14 weeks?	Yes	1	§62, 66 and 171 of the Labour Law of FBiH, 2016
Does the law require cash maternity benefit be at least 67% of a worker's former wage?	No	0	§149-155 of the Law on Social Protection,2014 (Sarajevo Canton) ; §68 the Labour Law of FBiH, 2016
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	Yes	1	§170 of the Law on Social Protection, 2014 (Sarajevo Canton); §68 the Labour Law of FBiH, 2016
Does the law protect workers from dismissals during or on account of pregnancy?	Yes	1	§60 and 171 the Labour Law of FBiH, 2016

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§29 and 31 of the Law on Occupational Safety, 2020
Does the law require the employer to train workers on health and safety issues?	Yes	1	§9, 21-22, 28, 30, 43 and 46-48 of the Law on Occupational Safety, 2020; §55 of the Labour Law of FBiH, 2016
Does the law restrict work that is prejudicial to the health of the mother or the child?	Yes	1	§41, 61 and 171 of the Labour Law of FBiH, 2016
Does the law provide for employment injury benefit?	Yes	1	§39 and 67 of the Pension and Disability Law for FBiH, 2018

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§40 to 47 of the Pension and Disability Law, 2018
Does the law provide for a dependants'/survivors' pension?	Yes	1	§68-77 of the Pension and Disability Law, 2018
Does the law provide for unemployment benefit?	Yes	1	§4 of the Labour Law of FBiH, 2016; §27-30 of Law on Employment and Rights during Unemployment, 2004
Does the law require paid sick leave for the first 6 months of sickness?	Yes	1	§72 of the Labour Law of FBiH, 2016; §42, 43, 44, 46, 47and 56 of Health Insurance Law, 1997
Does the law provide for invalidity benefit?	Yes	1	§48, 49, 58 and 60 of the Pension and Disability Law, 2018

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration for work of equal value?	Yes	1	§77 of the Labour Law of FBiH, 2016; §13 of the Law on Gender Equality, 2003
Does the law prohibit sexual harassment in employment?	Yes	1	§9, Labour Law of FBiH, 2016; §3, 5 & 29, Law on Gender Equality, 2003; §4, 6, & 12, Prohibition of Discrimination Act BiH, 2009
Does the law prohibit discrimination in employment matters?	Yes	1	§8, 10, and 12 of Labour Law of FBiH, 2016; §177 of the Criminal Law of FBiH, 2003
Does the law allow women to do the same jobs as men?	No	0	§59 and 171 of the Labour Law of FBiH, 2016
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	§4 & 5 of the FBiH Law on Contributions, 1998

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§20 of the Labour Law of FBiH, 2016
Does the law set employment entry age equal to or higher than the compulsory schooling age?	Yes	1	§16 of the Framework Law on Primary and Secondary Education, 2003
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§42, 57, and 171 of the Labour Law of FBiH, 2016
Does the law prohibit forced labour?	Yes	1	§II of the Constitution 1995; §185–186a & 210 of the Criminal Law 2003

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	Yes	1	§14-15 of the of the Labour Law of FBiH, 2016
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§137-149 of the of the Labour Law of FBiH, 2016
Does the law provide for the right to strike?	Yes	1	USDOS CRHRP 2021
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§156-157 of the of the Labour Law of FBiH, 2016