Labor Law Passed Without Amendments, Labor Market to Be Handled by Cantonal Inspectors

The Labor Law was passed today in the House of Peoples of the BiH Parliament, but without a single amendment adopted due to insufficient support votes, reports the BiH news agency Patria.

This Law was again before the delegates because the Constitutional Court of the Federation of BiH overturned it, given that the Rules of Procedure were violated during its adoption in July 2015, as there was no possibility to submit amendments. In October, 17 delegates from three parties – SDP, DF, and Our Party – requested an opinion from the Constitutional Court, and the decision was made in mid-February 2016.

The Federal Minister of Labor and Social Policy, Vesko Drljača (SBB), stated that the Constitutional Court of the Federation of BiH did not delve into the merits of the law itself in its decision.

Given that it was adopted in the form it was considered last year, this means that the controversial Article 160, which ties the hands of federal labor inspectors in favor of cantonal labor inspectors, has not been changed.

Experts have assessed that the Labor Law in the Federation of BiH is a concession to Dragan Čović, i.e., HDZ, because the entire labor market in West Herzegovina has been taken over by inspectors controlled by this party. Such a law was proposed by HDZ BiH more than eight months ago, and SDA supported it!

The Federal Administration for Inspection Affairs had warned Prime Minister Fadil Novalić about the problems the new Labor Law would bring, but this did not result in any changes. Fadil Novalić and SDA are clearly on Čović's and HDZ's side. Amendments to this Law were adopted at yesterday's telephone session, but it is evident that the coalition majority of SDA-HDZ-SBB was "stable and united" today, even though SBB was against the law last year and was not part of the government.

In practice, this will mean that federal labor inspectors have lost the authority to control operations in companies, except for those of interest to the Federation of BiH. The work of federal labor inspectors has been assigned to cantonal inspectorates. Simply put, federal labor inspectors can control a few public companies, while all private firms are controlled by cantonal inspectors. With this law, HDZ BiH has opened up the possibility for its inspectors to decide on the entire economic life in Herzegovina.

One can also speak of the gradual consolidation of a third, or Croatian, territorial unit in BiH. Inspectors from Sarajevo, i.e., the Federation, no longer have any authority over West Herzegovina under this law.