Union of Police Bodies receives confirmation: Decision on transport cost compensation is discriminatory!

The Ombudsman's recommendation regarding the Decision on transport cost compensation has arrived at the Union of Police Bodies in BiH, based on a complaint submitted to the Institution of the Ombudsman for Human Rights of BiH.

Among other things, the recommendations state that "the employee is entitled to compensation for actual costs", and that "the Decision in question is not in compliance with the Law on Salaries and Allowances in the Institutions of BiH, which guarantees employees this right, which the Decision restricts".

The Ombudsmen conclude that this bylaw violates employees' labor rights guaranteed by the Labor Law and the Law on Salaries and Allowances in the Institutions of BiH – say the Union of Police Bodies in BiH, emphasizing that this proves they were right.

Furthermore, the Ombudsmen point out that the Council of Ministers, when adopting the bylaw, should have consulted all representative unions.

Finally, the Ombudsmen recommend that the Council of Ministers, through dialogue with the Representative Unions, adopt a new Decision to eliminate all ambiguities, and that the Parliamentary Assembly reinstate the provision "city transport" in Article 41 of the Law on Salaries, and ultimately inform the Ombudsmen within 60 days on how the recommendation has been implemented.

 - The Union of Police Bodies in BiH will, based on these recommendations, decide on its further actions in the coming period – added the Union.

We recall that following the adoption of the Decision on the amount, method, and procedure for exercising the right to compensation for transport to and from work in the institutions of Bosnia and Herzegovina, which the Council of Ministers adopted on August 24, 2017, the Union of Police Bodies immediately reacted.

- An analysis of the Decision in question determined that it contains discriminatory provisions regarding the calculation of the monthly compensation amount, whose direct application puts employees in an unequal position, primarily considering the distance between the workplace and the place of residence as a criterion for determining monetary compensation on this basis, and the set limit of 300 KM – say the Union.

First and foremost, the Management Board of the Union of Police Bodies in BiH emphasizes the indisputable fact that during the drafting, i.e., before the adoption of the said Decision, the Union of Police Bodies nor any other representative union was consulted, although Article 57, paragraph (2) of the Law on Salaries and Allowances in the Institutions of Bosnia and Herzegovina stipulates that the Council of Ministers shall consult with representatives of the representative union in the institutions of Bosnia and Herzegovina when drafting bylaws.