LABOUR LAW of Federation of Bosnia and Herzegovina

I - BASIC PROVISIONS

Article 1

This law is to regulate the conclusion of employment contracts; working hours; salaries; termination of employment contracts; exercise of rights and obligations deriving from employment; conclusion of collective agreements; peaceful resolution of collective labor disputes; and other issues deriving from employment, unless otherwise provided in another law.

Article 2

Employment shall be established by concluding employment contracts between employers and employees.

Article 3

In terms of this Law, employer is a natural person or a legal entity providing job to an employee, paying him/her salary for the work performed, and fulfilling other obligations towards the employee in accordance with this Law, Cantonal regulations, collective agreement, Rule Book and employment contract.

Article 4

In terms of this Law, employee is an employed natural person who personally performs specific jobs for the employer, and on this basis exercises the rights and obligations in accordance with this Law, regulations of the Canton, collective agreement, Rule Book and employment contract.

Article 5

A person seeking employment, as well as a person who becomes employed, shall not be discriminated against based on race, color, sex, language, religion, political or other opinion, ethnic or social background, financial situation, birth or any other circumstance, membership or non-membership in a political party, membership or non-membership in a trade union, and physical or mental impairment.

Article 6

An employee shall be entitled to health care and other rights in  case of disease, decrease or loss of working ability and old age, as well as to other forms of social security, in accordance with the law.

Article 7

A woman employee shall also be entitled to special protection during pregnancy, birth-giving, and maternity.
An employee older than 15 and younger than 18 of age (hereinafter: a minor) shall enjoy special protection.

Article 8

By registering with the employment service, an employee whose employment is terminated shall exercise the right to health care in case of disease or disability, the right to material security and other rights during unemployment, in accordance with the law.

Article 9

Employees shall be entitled, at their own discretion, to organize a trade union, and become members of it, in accordance with the statute or the rules of that trade union.
Employers shall be entitled, at their own discretion, to form employers’ associations, to become members of it, in accordance with the statute or the rules of that association.
Trade unions and employers’ organizations may be founded without any prior approval.

Article 10

Employees and employers shall freely decide on their joining or leaving the trade union or the employers’ association.
An employee or an employer may not be discriminated against based on his membership or non-membership in the trade union or in the employers’ organization.

Article 11

Activity of trade unions or employers’ associations may not be prohibited either permanently or temporarily.

Article 12

Issues deriving from labor relations shall also be regulated in the regulations of the Canton, in accordance with this Law.

Article 13

All issues related to an employment contract not addressed by this Law or any other law, shall be subject to application of the general regulations of the obligations law.

II - CONCLUSION OF EMPLOYMENT CONTRACTS

Article 14

Employment contracts shall be concluded in writing.
If an employer does not conclude an employment contract with an employee in writing, or fails to deliver to the employee a written certificate on the concluded contract within 15 days from the start of employment, it shall be considered that the employer has concluded with the employee an employment contract for an unspecified period of time.
An employer may within one year prove that he/she did not concluded an employment contract with an employee, or that in terms of Paragraph 2 of this Article, the employee has never been employed by the employer.
The certificate referred to in Paragraph 2 of this Article must include the basic provisions from the employment contract, in particular those on the parties, start of employment and the salary.

Article 15

An employment contract may be concluded by a person who turned 15, with the general health ability, verified by the competent health institution. 
A minor may not conclude an employment contract for performance of jobs which may endanger his health, morals or development.
A disabled person qualified to perform certain jobs shall be considered to have the health ability to perform those jobs.

Article 16

If the law, collective agreement or Rule Book provide for special requirements for establishment of
employment, an employment contract may only be concluded by a person meeting those requirements.

Article 17

Foreign nationals may conclude an employment contract under the terms determined in the law.

1. Probationary Employment

Article 18

Probationary employment period may be agreed upon in conclusion of the employment contract.
The probationary employment period referred to in Paragraph 1 of this Article may not exceed three months.
If a probationary period has been agreed upon, the dismissal notice period shall be at least seven days.

2. Employment Contract for Unspecified and Specified Periods of Time

Article 19

An employment contract shall be concluded for an unspecified period, unless otherwise stipulated in this Law.

Article 20

An employment contract may be concluded for a specified  period in the following cases:

seasonal jobs,
replacement of a temporarily absent employee,
engagement on a specific project,
temporary expansion in the volume of jobs, and
other cases as determined by the collective agreement.

An employment contract concluded for a specified period shall cease with the expiry of the period determined in the contract for each respective case from Paragraph 1 of this Article.

3. Content of the Concluded Employment Contract

Article 21

An employment contract shall in particular contain the following information:

name and seat of the employer,
name, surname, residence or domicile of the employee,
duration of the employment contract,
day of start of employment,
location of employment,
working position an employee is employed for and a brief job description,
length and schedule of work hours,
salaries, additions to salaries, benefits, and periods of payment,
duration of annual leave,
dismissal notice period to be complied with by both the employee and the employer,
other information related to the terms of employment as determined in the collective agreement.

Instead of the information referred to in Paragraph 1 Items 7 to 11 of this Article, there may be an indication of the relevant law, collective agreement or Rule Book regulating those issues.

Article 22

If an employee is sent to work abroad, a written employment contract shall be concluded before the departure of the employee abroad.
The contract from Paragraph 1 of this Article, in addition to the information from Article 21 of this Law, shall also contain the following information:

duration of employment abroad,
the currency of payment of salary and other receipts in cash and kind to which the employee is entitled during working abroad,
terms of return to the country.

4. Information which cannot be requested

Article 23

In concluding employment contracts, an employer may not request the employee to provide information which is not directly related to the nature of the work activity performed by the employee.

Article 24

Personal data of an employee may not be gathered, processed, used or supplied to third persons, unless if this is determined by the law or if this is necessary to exercise the rights and obligations deriving from employment.

III - EDUCATION, TRAINING AND IN-SERVICE TRAINING

Article 25

An employer may, in accordance with the needs of employment, provide education, training and in-service training.
An employee shall be required, in accordance with his abilities and the needs of employment, to get education, training, and in-service training.
n changes or introduction of new methods or organization of work, the employer shall be required to provide to the employee education, training and in-service training.
The terms and method of education, training, and in-service training from Paragraphs 1 and 2 of this Article shall be regulated in a collective agreement or rule book.

1. Hiring Trainees

Article 26

An employer may conclude an employment contract with a trainee.
A trainee shall be any person employed for the first time in the profession he/she has been educated for, for the purpose of professional training for independent work.
The employment contract with a trainee shall be concluded for a specified period, not exceeding one year, unless the law, the regulations of the Canton, or the employment contract specifies otherwise.

Article 27

After a completed training period, the trainee shall take the professional exam, in accordance with the law, the regulations of the Canton or the Rule Book.

2. Voluntary Work

Article 28

If the professional exam or the work experience stipulated in the law or in the Rule Book is the requirement to perform the jobs in a certain profession, the employer may hire a person who has completed education for such a profession for training  for independent work without employment (volunteer work).
The period of volunteer work from Paragraph 1 of this Article shall be counted into the training period and into the work experience as a requirement for work in specific jobs.
The volunteer work from Paragraph 1 of this Article may last not longer than one year, unless the law stipulates otherwise.
The volunteer work contract shall be concluded in writing.
The method and duration of volunteer work and the taking of the professional exam shall be regulated in the law, collective agreement or Rule Book.
In the course of performing volunteer work, the person shall be provided breaks during work under the same terms like the employees, and the rights to insurance for the case of injury at work or professional disease, in accordance with the regulations on pension and disability insurance.

IV - WORKING HOURS

Article 29

Full working hours of an employee shall not exceed 40 hours weekly.

Article 30

An employment contract may also be concluded for part-time work.
An employee who has concluded employment contract for part-time work may conclude a number of such contracts in order to complete his working hours in that manner.
A part-time employee shall exercise all the rights deriving from employment like a full-time employee, except for the rights depending on the duration of working hours (salary, allowances, etc.), in accordance with the collective agreement, Rule Book, or employment contract.

Article 31

In jobs where, irrespective of the work protection measures, it is not possible to protect employees from harmful effects, the working hours shall be reduced in proportion to the harmful effect of the work conditions on health and working ability of the employees.
The jobs from Paragraph 1 of this Article and the duration of the working hours shall be determined in the Rule Book and employment contract, in accordance with the law.
In exercising the rights to salary and other rights deriving from employment and in relation to employment, reduced working hours in terms of Paragraphs 1 and 2 of this Article shall be equaled with full-time working hours.

Article 32

In case of force major (fire, earthquake, flood) or an extraordinary increase of the workload, as well as in other similar cases of emergency need, an employee, at the request of the employer, shall be required to work longer hours than his/her full working hours (overtime work), not more than 10 hours weekly.
If the overtime work of an employee exceeds three weeks in continuity or exceeds 10 weeks during one calendar year, the employer shall inform of the overtime work the authority in charge of labor inspection of the Canton (hereinafter referred to as the Labor Inspection of the Canton).
No overtime work shall be allowed for minor employees.
A pregnant woman, mother or an adoptive parent with a child of up to three years of age, or a self-sustaining parent or adoptive parent with a child of up to six years of age, may work overtime if he/she provides a written statement of voluntary consent to such work.
The Labor Inspection of the Canton shall prohibit overtime work introduced contrary to Paragraphs 1, 2, 3, and 4 of this Article.  

Article 33

If the nature of the job so requires, full working hours may be re-distributed so that during one period they last shorter, and in another period longer than the full working hours, provided that the average working hours may not exceed 52 hours weekly, and for seasonal jobs they may not exceed 60 hours weekly.
If a re-distribution of the working hours has been introduced,  average working hours during one calendar year or another period determined in a collective agreement may not exceed 42 hours weekly.
If a re-distribution of working hours has been introduced, such working hours shall not be considered overtime work.

Article 34

Work in the period between 22 hours in the evening and 6 hours in the morning of the following day, and in agriculture between 22 hours in the evening and 5 hours in the morning, shall be considered night work, unless for a specific case the law, the regulations of the Canton, or a collective agreement stipulates otherwise.
If work is organized in shifts, shift schedule shall be made so that an employee shall work nights in succession over a period not exceeding one week.

Article 35

Night work of women in industry shall be prohibited.
The prohibition from Paragraph 1 of this Article does not apply to women performing managing and technical jobs and women employed in a health or social care service, as well as to the employers employing their family members only.
A woman employee may be ordered to work nights in industry in case of protection of interests of the Federation of Bosnia and Herzegovina (hereinafter referred to as the Federation), if the approval of the Federation Minister in charge of labor has been obtained (hereinafter referred to as the Federation Minister), upon prior consultation with the trade union, the employer or a number of employers, that is, the employer’s association.
A woman may be ordered to work nights even without a prior approval, if such work is necessary because of force major or to prevent spoilage of raw materials. 
The night work from Paragraph 4 of this Article shall be reported to the competent authority of the Canton and the Labor Inspection of the Canton within 24 hours from the introduction of such work.
If the Labor Inspection of the Canton deems that the night work from Paragraph 4 of this Article is not necessary, that is, that there is no force major or risk of raw material spoilage, it shall prohibit the night work.

Article 36

Night work of minor employees shall be prohibited.
For minor employees in industry, work in the period between 19 hours in the evening and 7 hours in the morning of the following day shall be considered night work.
For minor employees not employed in industry, work in the period between 20 hours in the evening and 6 hours in the morning of the following day shall be considered night work.
Exceptionally, minor employees may temporarily be exempted from the prohibition of night work in case of major breakdowns, force major and protection of interests of the Federation, on the basis of the approval of the competent authority of the Canton.

V - BREAKS, ANNUAL LEAVE AND LEAVE

1. Breaks and Annual Leave

Article 37

A full-time employee shall be entitled to a break during daily work in the duration of at least 30 minutes.
Exceptionally, an employer shall be required to allow an employee, at his/her request, to take the break referred to in Paragraph 1 of this Article in the duration of one hour for one day during the work week.
The break time from Paragraphs 1 and 2 of this Article shall not be counted in working hours.
The method and time of using the break from Paragraph 1 of this Article shall be regulated by the collective agreement, Rule Book and employment contract.

Article 38

An employee shall be entitled to a daily break between two successive work days in the duration of at least 12 hours without interruption.
Exceptionally, during work in seasonal jobs, an employee shall be entitled to the break from Paragraph 1 of this Article in the duration of at least 10 hours without interruption, and for minor employees in the duration of at least 12 hours without interruption.

Article 39

An employee shall be entitled to a weekly break in the duration of at least 24 hours without interruption, and if it is necessary that he/she works on the day of his weekly break, he/she shall be provided one day in the period determined based on the agreement between the employer and the employee.

Article 40

An employee shall not be denied the right to break during work, daily break, and weekly break.

Article 41

For each calendar year, an employee shall be entitled to paid annual leave in the duration of at least 18 working days.
An underage employee shall be entitled to annual leave in the duration of at least 24 working days.
An employee working in jobs in which, irrespective of the labor protection measures, it is not possible to protect him/her from harmful effects, shall be entitled to annual leave in the duration of at least 30 working days.
The jobs and the duration of the leave from Paragraph 3 of this Article shall be regulated in the law, the regulations of the Canton, collective agreement or Rule Book.

Article 42

An employee employed for the first time or with an  intermission of work between two employments exceeding eight days shall be entitled to annual leave after six months of continuous work.
If an employee has not acquired the right to annual leave in terms of Paragraph 1 of this Article, he/she shall be entitled to use at least one day of annual leave for each completed month of work, in accordance with the collective agreement, Rule Book and employment contract.
Leave from work due to temporary incapacity for work, maternity, military service or other leave not conditioned by the will of the employee shall not be considered an intermission of work from Paragraph 1 of this Article.

Article 43

The duration of annual leave exceeding the shortest leave as prescribed in this or other Law shall be regulated in a collective agreement, the Rule Book or employment contract.
The duration of annual leave shall not include the period of temporary incapacity for work, the time of non-working holidays, nor other leave from work recognized and calculated into the employee’s insurance record.
If the work is organized in less than six working days in a week, in determining the duration of the annual leave, it shall be assumed that working hours are distributed into six working days, unless otherwise regulated in a collective agreement, the Rule Book or employment contract.

Article 44

Annual leave may be used in two parts.
If an employee is using annual leave in parts, the first part shall be used without interruption in the duration of at least 12 working days in the course of a calendar year, and the second part shall be used no later than June 30th of the next year.
An employee is entitled to use one day of annual leave when he/she so wishes, with the obligation to inform the employer to this effect at least three days before its use.

Article 45

An employee may not waive his/her right to use annual leave.
An employee may not be denied the right to use annual leave, nor may he/she be paid compensation in lieu use of annual leave.

2. Leave from Work

Article 46

An employee shall be entitled to paid absence from work of up to seven working days in one calendar year – paid leave in case of: marriage, wife’s birth-giving, serious disease or death of a close family or household member.
The family members, in terms of Paragraph 1 of this Article, shall include: spouses or extramarital partners; a child (from marriage, extramarital, adopted child, stepchild, or parentless child taken for support), father, mother, adoptive father, adoptive mother, foster parent, grandfather and grandmother (by father and mother), brothers and sisters.
An employee shall also be entitled to paid absence in other cases and over periods determined in the regulations of the Canton, collective agreement, or Rule Book.

Article 47

An employer may, at the request of the employee, approve for the employee use of unpaid absence from work.
Exceptionally, an employer shall be required to allow to an employee a leave of up to four working days within one calendar year for religious or traditional purposes, provided that a two-day leave is used with compensation of salary - paid leave.
During the absence from Paragraph 1 of this Article, the rights and obligations of the employees acquired through employment and deriving from employment shall be suspended.

VI - PROTECTION OF EMPLOYEES

Article 48

Employers shall be required to allow an employee a opportunity to familiarize himself with the labor regulations and work protection regulations within 30 days from the day of the employee’s start of employment.
Employers shall be required to equip an employee for work in the manner securing protection of life and health of the employee and preventing accident occurrence.

Article 49

Employers shall be required to provide the necessary work protection conditions to ensure protection of life and health of employees, in accordance with the law.

Article 50

An employee shall be entitled to refuse to work if his/her life or health is immediately threatened due to the fact that the prescribed work protection measures have not been enforced,  and shall be required to report this immediately to the Labor Inspection of the Canton.

1. Protection of Minors

Article 51

A minor may not work on particularly hard manual works, works underground or under water, nor in other jobs which might have a harmful effect or increased risk to his/her life or health, development or morals, given his/her psycho-physical qualities.
The Federation Ministry shall issue a separate regulation to identify the jobs from Paragraph 1 of this Article.
The Labor Inspector of the Canton shall prohibit work of minors in the jobs in terms of Paragraph 1 of this Article.

2. Protection of Women and Maternity

Article 52

A woman may not be ordered nor assigned to work on particularly hard manual works, works underground or under water, nor in other jobs which threaten her life or health, given her psycho-physical qualities.
Exceptionally, the prohibition of work from Paragraph 1 of this Article shall not apply to women performing management or health and social protection jobs; students; trainees or volunteers who in education or training must spend part of the time in underground parts of mines, and to women who periodically must enter underground parts of mines to perform non-manual works.

Article 53

An employer may not refuse to employ a woman because of  her pregnancy, or cancel her employment contract because of her condition, or assign her to other jobs, except in cases from Article 55 Paragraph 1 of this Law.

Article 54

During pregnancy or breast-feeding of a child, a woman may be assigned to other jobs if this is in the interest of her health condition as established by the certified doctor.
If an employer is not able to ensure assignment of a woman in accordance with Paragraph 1 of this Article, the woman shall be entitled to paid absence from work, in accordance with the collective agreement and Rule Book.
The temporary assignment from Paragraph 1 of this Article may not result in reduction of the woman’s salary.
The employer may transfer the woman from Paragraph 1 of this Article to another place of work only with her written consent.

Article 55

During pregnancy, birth-giving and child-care, a woman shall be entitled to maternity leave in the duration of one year without interruption, and for twins, third or any next child, the woman shall be entitled to maternity leave in the duration of 18 months without interruption.
Based on the findings of the certified medical doctor, a woman may start maternity leave 45 days before birth-giving, and mandatorily 28 days before birth-giving.
If without her fault, and based on the findings of the certified medical doctor, a woman fails to use the maternity leave 28 days before birth giving, she shall be entitled to use those days after the birth-giving.
Exceptionally, a woman, upon her written request, may use shorter maternity leave, but no shorter than 42 days after the birth-giving.

Article 56

The father of the child, or the adoptive parent, may use the right from Article 55, Paragraphs 1 and  3 of this Law in case of the death of the mother, if the mother abandons the baby or if for justified reasons she is prevented from using this right.

Article 57

Upon expiry of maternity leave, a woman with a child up to at least one year of age shall be entitled to work half working hours, and for twins, third and each following child she shall be entitled to work half working hours up to two years of age of the child, unless the regulations of the Canton provides for a longer duration of this right.
The right from Paragraph 1 of this Article may also be used by an employee - father of the child, if the woman works full working hours in that period.

Article 58

When the child turns one year of age, one of the parents shall be entitled to work half working hours until three years of age of the child, if the child, according to the findings of the certified health institution, requires intensified care.
The right from Paragraph 1 of this Article shall also be used by the adoptive parent or the person taking care of a child, in case of death of both parents, if the parents abandon the child or if they are not able to take care of the child.

Article 59

A woman working full working hours after using her maternity leave shall be entitled to be absent from work twice daily in the duration of one hour each time for the purpose of breast-feeding of the child, on the basis of the findings of the certified medical doctor.
The woman may use the right from Paragraph 1 of this Article up to one year of age of the child.
The absence time from Paragraph 1 of this Article shall be counted into the full working hours.

Article 60

If a woman gives birth to still-born child or if the child dies before the expiry of the maternity leave, she shall be entitled to extend maternity leave by such time as, according to the findings of the certified medical doctor, is necessary to rehabilitate from the birth-giving and the psychological condition caused by the loss of the child, and no less than 45 days from the birth-giving or the death of the child, during which time she shall be entitled to all the rights deriving from maternity leave.

Article 61

One of the parents may absent from work up until the completed three years of age of the baby, if this is stipulated in the collective agreement or the Rule Book.
During absence from work in terms of paragraph 1 of this article, the rights and obligations deriving from employment shall be at rest.

Article 62

During use of maternity leave, as well as absence from Article 59 of this law, the employee shall be entitled to payment of salary in accordance with the law.
During working half work hours from Articles 57 and 58 of this law, for the half full work hours he is not working, he shall be entitled to payment of salary in accordance with the law.

Article 63

One of the parents of a child with serious retardation in development (of a seriously handicapped child) shall be entitled to work half full work hours, in case this is a self-sustaining parent or that both parents are employed, provided that the child is not accommodated in a social welfare/health care institution, based on the findings of the competent health care institution.
The parent using the right from paragraph 1 of this article shall be entitled to receive salary in accordance with the law.
The parent using the right from paragraph 1 of this article may not be ordered to work nights, to work overtime, nor may be his place of work changed, unless he has provided his written consent to this effect.

3. Protection of a permanently or temporarily incapacitated employee

Article 64

An employer may not cancel employment contract to an employee who has suffered injury at work or has developed a professional disease, during the period of his temporary incapacity for work.
Exceptionally, in cases and over the period from paragraph 1 of this article, the employer may not cancel an employment contract to an employee concluded for a defined period in accordance with this law.

Article 65

Injury at work, disease or professional disease may not have any harmful effect on the exercise of the rights for the employee deriving from employment.
An employee who has temporarily been incapacitated for work due to injury or injury at work, disease, or professional disease, after treatment and rehabilitation established by the competent health care institution or the certified medical doctor as being able to work, shall be entitled to return to the jobs he worked on before occurrence of the temporary incapacity for work or to other appropriate jobs.
An employee is obligated to inform the employer in the temporary incapacity for work within three days from the occurrence of the incapacity.

Article 66

If the competent institution establishes reduced working capacity or immediate risk of occurrence of disability with the employee, the employer is obligated to supply him a written offer for other jobs for which the employee is capacitated.
The employee suffering from injury at work or from a professional disease shall have advantage in expert training, qualification or specialization organized by the employer.

Article 67

Only with the previous consent of the works council, the employer may cancel employment contract to an employee with a reduced working ability or immediate risk of occurrence of disability.

VIII- SALARIES AND SALARY COMPENSATION

Salaries

Article 68

Employees’ salaries shall be determined in collective agreement, the Rule Book or employment contract.

Article 69

Collective agreement and the Rule Book shall regulate the lowest salary and the terms and methods of its harmonization.
The employer bound by the collective agreement or the Rule Book may not calculate and pay the employee a salary lower than the salary determined in the collective agreement, the Rule Book or  employment contract.

Article 70

Collective agreement, the Rule Book or employment contract shall determine the periods of salary payments which may not exceed 30 days.
In payment of salary, the employer is obligated to supply the employee with a written calculation of the salary.
Individual payments of salary shall not be public.

Article 71

An employee shall be entitled to increased salary for difficult work conditions, overtime work or night work, and for work on Sundays or holidays or any other day which is in the law determines to be a non-working day, in accordance with the collective agreement, the Rule Book, or employment contract.

Salary compensation

Article 72

An employee shall be entitled to salary compensation for the period he/she does not work due to justified cases stipulated in the law, the rule of the canton, collective agreement or the Rule Book (annual leave, temporary incapacity to work, maternity leave, paid leave or the like).
The period from paragraph 1 of this article for which the compensation is paid at the expense of the employer, shall be determined in the law, the rule of the canton, the collective agreement, the Rule Book, or employment contract.
An employee shall be entitled to compensation for salary, during the interruption of work which has been caused by circumstances for which the employee is not to blame (force major, temporary stoppages in the production and the like) in accordance with the collective agreement, the Rule Book and employment contract.
An employee refusing to work because no prescribed labor protection measures have been enforced, shall be entitled to compensation of salary in the amount as though he has worked, during the time until the prescribed labor protection measures are enforced, unless he is assigned to other appropriate jobs during this period.

Protection of salary and salary compensation

Article 73

An employer may not, without the consent of the employee, collect his claim against him by denying payments of salary or a part of it, that is, by denying payments of salary compensations or salary compensation parts.

Article 74

Up to the half of salary or salary compensation of an employee may be forcibly arrested for the purpose of fulfilling the obligation of legal support, and for other obligations no more than one third of the employee salary may be forcibly arrested.

VIII- INVENTIONS AND TECHNICAL IMPROVEMENTSBY AN EMPLOYEE

Article 75

An employee is obligated to inform the employer on the invention or the technical improvement he has created at work or in relation to work.

Inventions or technical improvements in terms of paragraph 1 of this article are inventions or technical improvements as determined by law.
The employee is obligated to keep the information on the invention or technical improvement as a business secret he may not communicate to a third party without the approval of the employer.
The employer shall have priority in purchasing the invention or technical improvement under paragraph 1 of this article, provided that s/he accepted the employee’s offer within 30 days from the date of notification under paragraph 1 of this article.

Article 76

The employee is obligated to inform the employer on his invention not created at work or in relation to work, if the invention is in relation to the activity of the employer, and to supply him a written offer to cede him the rights in relation to this invention.
Within one month from the day of information from paragraph 1 of this article, the employer is obligated to state his position to the offer of the employee.
The cessation of rights to the invention from paragraph 1 of this article shall suitably be subject to application of the provisions of the obligations law.

IX- PROHIBITION OF COMPETITION BETWEEN THE EMPLOYEE AND THE EMPLOYER

Article 77

Without the approval of the employer, the employee may not, for his own or other’s account, transact business in the activity performed by the employer.

Article 78

The employer and the employee may conclude a contract that the employee, for a certain period after the termination of the employment contract, which may not exceed two years from the day of termination of such contract, may not be employed with another person in market competition with the employer and that he may not, either for his own or for the account of a third party, transact business in which he competes with the employer.
The contract from paragraph 1 of this article may be an integral part of the employment contract.

Article 79

The contracted ban of competition shall bind the employee only if by the contract the employer has taken over the obligation during the period of ban to pay compensation to the employee at least in the amount of half of the average salary paid to the employee in the period of three months before termination of the employment contract.
The compensation from paragraph 1 of this article shall be paid by the employer to the employee in the end of each calendar month.
The amount of compensation from paragraph 1 of this article shall be coordinated in the manner and under the terms determined by collective agreement, employment policy, or employment contract.

Article 80

he terms and the method of termination of competition ban shall be regulated in the contract between the employer and the employee.

X- DAMAGE COMPENSATION

Article 81

An employee who at work or in relation to the work deliberately or due to ultimate negligence causes damage to the employer, is obligated to compensate for that damage.
If the damage is caused by a number of employees, each employee shall be held liable for the part of the damage he has caused.
If it is not possible to establish the part of the damage caused by each respective employee, it shall be assumed that all the employees are equally responsible and they shall compensate the damage in equal parts.
If a number of employees have caused damage by perpetrating a deliberate crime, they shall be held jointly and severally liable for the damage.

Article 82

If the compensation for the damage may not be established in the exact amount or the establishment of its amount would cause disproportional expenses, the collective agreement or the Rule Book may envisage that the amount of damage compensation shall be determined in a flat rate amount, as well as the method of determining the flat rate amount and the authority to determine this amount and other issues related to such compensation.
If the damage caused is much higher than the determined flat rate amount for the damage compensation, the employer may request compensation in the amount of the actually caused damage.

Article 83

An employee who, at work or in relation to work, deliberately or due to ultimate negligence causes damage to a third party, and the damage has been compensated by the employer,  is obligated to compensate the employer for the amount of compensation paid to the third party.

Article 84

A collective agreement or Rule Book shall determine the terms and method of reduction or exemption of the employee from the obligation to pay for the damage.

Article 85

If an employee suffers damage at work or in relation to the work, the employer is obligated to compensate the employee for this damage according to the general provisions of the obligations law.

XI- TERMINATION OF EMPLOYMENT CONTRACT

Methods to terminate the employment contract

Article 86

The employment contract shall be terminated by:

the death of the employee
the agreement between the employer and the employee
once the employee completes 65 years of age and 20 years of insurance record, unless the employer and the employee agree otherwise
a final decision determining the complete work disability on the date of its delivery
dismissal of the employee or by resignation by the employee
expiry of the period for which a contract has been concluded for a definite period.
the prison sentence of the employee if the employee is convicted to serve a prison punishment longer than three months– on the day when he starts serving his punishment
commencement of a security, corrective or protection measure imposed to the employee, in the duration exceeding three months- on the date of beginning of implementation of that measure.
the decision of the competent court resulting in the termination of employment

Cancellation of the employment contract

Article 87

An employer may cancel the employment contract with the prescribed cancellation period, in case of cessation of need to perform the specific job due to economic, technical or organization reasons, from Article 98 of this law, as well as in the case when the employee is not able to perform his her duties deriving from employment due to loss of working ability to perform these duties.
Cancellation due to loss of working ability from paragraph 1 of this article is possible only if the employer may not engage the employee on other jobs or may not train or qualify him/her for performing other jobs.

Article 88

The employer or the employee may cancel the employment contract, without the obligation to abide by the proper cancellation period, when, due to breach of the obligations deriving from employment or due to failure to meet the obligations from the employment contract the continuation of employment is not possible.
Prior to cancellation of the employment contract from paragraph 1 of this article, the employer may supply the employee with a written warning of the obligations deriving from the employment and instruct him of the potential dismissal if he continues with breach of those obligations.

Article 89

In case referred to in Article 88, paragraph 1, of this law, employment contract may be canceled within 15 days from the day of learning the fact causing dismissal.
The contractual party canceling the employment contract in case referred to in Article 88, paragraph 1, of this law, shall be entitled to compensation by the party at fault for the cancellation for the damage caused by failure to perform the obligations arising from the employment contract.

Article 90

If an employer cancels the employment contract caused by behavior or performance of the employee, he shall be obligated to allow the employee to present his defense, unless circumstances exist which make it unjustified to expect from the employer to proceed so.

Article 91

If the employee or employer is canceling the employment contract for reasons referred to in Article 88, paragraph 1 of this law, he shall be obligated to prove the existence of a justified cause for dismissal.

Article 92

If an employer has an intention to cancel the employment contract, in terms of this law, he shall be obligated to obtain the opinion of the workers council in this matter.
If the employer has failed to obtain the opinion of the workers council, canceling of the employment contract shall be null and void.

Article 93

It is only with the prior consent of the trade union that an employment may cancel the employment contract to a trade union commissioner during his mandate and six months after having performed his duty.

Forms and duration of the notice period

Article 94

Cancellation of the employment contract shall be given in writing.
The employer is obligated to provide the employee with a written explanation of cancellation.
The cancellation shall be delivered to the employee or the employer concerned.

Article 95

The cancellation period may not be less than 15 days nor may exceed six months, provided that the specific duration of the cancellation period shall be regulated in the collective agreement or the Rule Book.
The cancellation period shall commence on the date of delivery of the notice to the employee or the employer.

Article 96

If an employee, upon request of the employer, ceases working before the expiry of the prescribed cancellation period, the employer shall be obligated to pay the compensation of salary to him and to recognize all his other rights as though he has worked until the expiry of the cancellation period.
If the court finds that the employer’s cancellation is unlawful, the employer shall return the employee to work, and pay him the compensation of salary in the amount the employee would have received if he had worked.
An employee contesting the received dismissal may request that the court imposes a temporary measure on his return to work until the resolution of the court dispute.

Notice with an offer of amended contract on employment

Article 97

The provisions of this law pertaining to dismissal shall also be applied in the case when the employer cancels the contract, at the same time offering the employee to conclude employment contract under amended terms.
If the employee accepts the offer of the employer from paragraph 1 of this article, he shall reserve the right to contest the acceptability of such change of the contract before a competent court.

Redundancy Staff Care Program.

Article 98

An employer employing over 15 employees, who over a six month period has an intention to cancel employment contracts to at least five employees due to economic, technical or organization reasons, shall be obligated to produce a redundancy staff care program.

Article 99

The program under Article 98 shall contain in particular as follows:

the reasons which have caused redundancy
the number and the category of employees to appear as surplus
the possibility of change in the technology and organization of work aiming at accommodating redundancy staff
the possibility of reassignment
the possibility of finding employment with other employers
the possibility of re-training or additional training of employees
the possibility of reducing the work hours

The employer shall be obligated to present the program referred to in paragraph 1 of this article for consultations with the workers council and shall be obligated to express his views on the opinions and proposals of the workers council.

If no workers council has been formed with the employer, the employer shall consult on the program from paragraph 1 of this article with the trade union and shall be obligated to express his views on the opinions and proposals of the trade union.
If the program from paragraph 1 of this article does not allow for provision of employment for employees, their employment contract may be canceled.
In case of cancellation from paragraph 4 for this article, within a two years period, the employer may not employ another person with identical qualifications or identical degree of training except the persons referred to in paragraph 4 of this article, provided that this person is unemployed.
Severance pay           

Article 100

An employee concluding an employment contract with the employer for an undefined period of time, receiving cancellation of the employment contract from the employer after at least two years of uninterrupted work, unless the contract is being canceled due to default of the obligations arising from employment or due to failure to fulfill the obligations arising from the employment contract on the part of the employee, shall be entitled to receive severance pay to be determined depending on the duration of the prior uninterrupted employment with that particular employer.
The severance pay under paragraph 1 of this article shall be determined by the collective agreement and the Rule Book, whereby the severance pay may not be less than the one-third of the average monthly salary of the employee as paid in the last three months before the termination of employment contract for each full year of the employment with that particular employer.
Exceptionally, the employer and the employee may agree on a different form of compensation instead of severance pay under paragraph 2 of this article.
The method, conditions and deadlines for payment of the severance pay under  paragraph 2 and 3 of this article shall be determined by written agreement between the employee and the employer.

XII - EMPLOYMENT-RELATED RIGHTS AND OBLIGATIONS

Establishment of employment-related rights and obligations

Article 101

The rights and obligations of employees, in accordance with this law, the collective agreement and other rules, shall be determined by the employer or another authorized person as appointed by the statute or the articles of incorporation.
If the employer is a natural person, he may issue a written power or attorney to authorize another person of age able to transact business to represent him in exercising of rights and obligations arising from employment or related to employment.

Article 102

In exercising individual rights arising from employment, an employee may request exercise of such rights from the employer before the competent court or other authorities, in accordance with this law.

Protection of employment-related rights

Article 103

An employee believing that his employer has violated a right of his arising from employment may request the exercise of such right from the employer within 15 days from the day of delivery of the decision violating his right, or from the day of learning of the violation of his right.
If the employer within 15 days from the day of submission of request by the employee referred to in paragraph 1 of this article fails to fulfill this request, the employee may claim within the following 15 days that his violated right be protected before the competent court.

In accordance with the law, the collective agreement or the Rule Book may stipulate the procedure of peaceful resolution of a labor dispute, in which case the 15-day period for submission of the appeal to the court shall begin to run from the day of termination of this procedure.
The failure on the part of the employee to claim compensation for damage or other financial claims arising from employment within the periods referred to in paragraphs 1 through 3 of this article shall result in loss of right to such claim.

Article 104

The disputed parties may agree to refer the labour dispute to arbitration.
The collective agreement or mutual agreement shall regulate the composition, the procedures, and other issues relevant to the work of the arbitration.

Article 105

In case of change of the employer or his legal position (for instance by inheritance, sale, merger, joining, separation, change of the company’s form or other), the employment contracts shall be transferred to a new employer, in accordance with the collective agreement.

Article 106

An absolute expiry of statute of limitations on claims arising from employment shall occur within three years from the arising of the claim, unless the law provides otherwise.

XIII- RULE BOOK

Article 107

An employer employing over 15 employees shall pass and publish the Rule Book regulating the salaries, the work organization and other issues relevant for the employees and the employer, in accordance with the law and the collective agreement.
The employer shall mandatory consult with the workers council or the trade union in regard to passing the Rule Book.
The Rule Book, referred to in paragraph 1 of this article shall be posted on the billboard of the employer and shall come in effect on the eight day from the day of publication.
The workers council or the trade union commissioner may request from the competent court to annul an unlawful Rule Book or some of its particular provisions.

XIV- PARTICIPATION OF EMPLOYEES IN DECISION-MAKING- WORKERS COUNCIL

Article 108

With an employer regularly employing at least 15 employees, the employees shall be entitled to form the workers council to represent them with the employer in protection of their rights and interests.
If no workers council has been formed with the employer, the trade union shall have the obligations and the powers related to the powers of the workers council, in accordance with the law.

Article 109

A workers council shall be formed at the request of at least 20% of the employees or the trade union.

Article 110

The method and the procedure for establishing the workers council as well as other issues related to the work and functioning of the workers council shall be regulated by the law.

XV- COLLECTIVE AGREEMENTS

Article 111

A collective agreement may be concluded for the territory of the Federation, for the territory of one or more than one cantons, for a certain activity, for one or more than one employers.

Article 112

In concluding the collective agreement, the party of employees may be represented by one or more than one trade unions, and the party of the employer may be represented by the employer, more than one employer, or an association of employers.
If negotiating and concluding the collective agreement involves more than one trade unions or more than one employers, the conclusion of the collective agreement may be negotiated by only those trade unions or employers who have the power of attorney from each individual trade union or employment, in accordance with their statutes.
Prior to the establishment of the association of employers, the Government of the Federation of Bosnia and Herzegovina (hereinafter: the Federation Government) or the cantonal Government may represent the employer in concluding the collective agreement under article 111 of this law.

Article 113

A collective agreement may be concluded for a definite or indefinite period of time.
A collective agreement shall be concluded in writing.
Unless the collective agreement stipulates otherwise, after the expiry of the period for which it has been concluded, the collective agreement shall be applicable until the conclusion of a new collective agreement.

Article 114

Collective agreements shall regulate the rights and obligations of the parties having concluded it, and the rights and obligations arising from employment or related to employment, in accordance with the law and other regulations.
Collective agreements shall also regulate the rules of procedures of collective negotiations, the composition and the method of proceeding of bodies authorized for peaceful resolution of collective labor disputes.

Article 115

A collective agreement shall be mandatory for the parties having concluded it, as well as for the parties joining subsequently.

Article 116

If interest of the Federation exists, the federal minister may expand the application of the collective agreement to include other legal entities as established necessary, not having taken part in its conclusion or not having joined it subsequently.
Before passing the decision to expand the relevance of the collective agreement, the federal minister shall be obligated to request the opinion from the trade union, the employer or more than one employers or the association of employers, to be included under the collective agreement.
The decision expanding the relevance of the collective agreement may be revoked in the manner determined for its passing.
The decision expanding the relevance of the collective agreement shall be published in the Official Gazette of the Federation of BH.

Article 117

Provisions of this Law referring to the passing of collective agreements shall also apply to the amendments of collective agreements.

Article 118

The concluded collective agreements and their amendments, for the territory of the Federation or the areas of two or more cantons, shall be submitted to the federal ministry in charge of labor (hereinafter referred to as the federal ministry), and all other collective agreements shall be submitted to the competent cantonal authority.
The procedure of submission of collective agreements referred to in paragraph 1 of this article to the federal ministry or the competent cantonal authority shall be regulated by the federal minister or the competent cantonal minister in a book of rules.

Article 119

The collective agreement concluded for the territory of the Federation shall be published in the Official Gazette of the Federation of BH, and for the areas of one or more cantons in the official gazette of the canton.

Article 120

A collective agreement may be canceled in the manner and under terms envisaged in that collective agreement.
The cancellation of the collective agreement shall be mandatorily delivered to the contractual parties.

Article 121

The parties of the collective agreement may petition protection of the rights arising from the collective agreement before the competent court.

XVI - Peaceful Resolution of Collective Labor Disputes

Reconciliation

Article 122

In case of dispute on the conclusion, application, amendment or cancellation of the collective agreement, or any similar dispute related to a collective agreement (a collective labor dispute), if the parties have not agreed upon a manner for a peaceful resolution of the dispute, the reconciliation procedure shall be conducted in accordance with this law.
The reconciliation referred to in paragraph 1 of this article shall be conducted by the reconciliation council.

Article 123

The reconciliation council may be formed for the territory of the Federation, of for the territory of the canton.
The reconciliation council for the territory of the Federation shall be formed of three members as follows: the representatives of the employer, of the trade union, and a representative elected by the parties in dispute from the list determined by the federal minister, and it shall be established for a two-year period.
The reconciliation council referred to in paragraph 2 of this article shall pass the rules of procedures before that council.
The administrative jobs for the reconciliation council established for the territory of the Federation shall be performed by the Federal ministry.

The costs for the reconciliation council member from the list determined by the federal minister shall be paid by the federal ministry.

Article 124

The establishing of the reconciliation council for the territory of the canton, its composition, its method of work, and other issues pertaining to the work of the reconciliation council shall be regulated by a cantonal act.

Article 125

The parties in the dispute may accept or reject the proposal of the reconciliation council, and if they accept it, the proposal has a legal force and effect of a collective agreement.
The parties in dispute shall inform the federal ministry or the competent cantonal authority on the results and consequences of the reconciliation within three days from the day of completion of reconciliation process, in accordance with the cantonal act.

Arbitration

Article126

The parties in dispute may agree to entrust the resolution of the collective labor dispute to arbitration.
The appointment of arbiters and of the arbitrary council and other issues related to the arbitration procedure shall be regulated in a collective agreement or by consent of the parties.

Article127

The arbitration shall base its decision on the law, other regulations, collective agreement and on fairness.
An arbitration decision shall be explained, unless the parties in dispute decide otherwise.
No appeal shall be allowed against the arbitration decision.
The arbitration decision shall have legal force and the effect of a collective agreement.

XVII- Strike

Article 128

The trade union shall be entitled to call upon a strike and conduct it with the purpose of protecting and promoting economic and social rights and interest of its members.
The strike may be organized only in accordance with the Law on Strike, the rules on strike of the trade union, and the collective agreement.
The strike may not begin prior to completion of the reconciliation procedure stipulated in this law, that is, prior to conduction of other procedure for peaceful resolution of the dispute which the parties have agreed upon.

Article 129

An employee may not be discriminated against because of organizing or participating in a strike, in terms of Article 128, paragraph 2 of this law.
An employee may in no manner be forced to participate in a strike.
If an employee proceeds contrary to Article 128, paragraph 2, of this law or if during a strike he deliberately causes damage to the employer, he may be dismissed, in accordance with the law.

XVIII-Economic-Social Council

Article 130

The Economic-Social Council may be established with the view to promoting and harmonizing the economic and social policy, or the interests of employees and employers, and to stimulating the conclusion and application of collective agreements and their harmonization with the measures of economic and social policy.
The Economic-Social Council may be established for the territory of the Federation or for the territory of a canton.
The Economic-Social Council shall be based on a trilateral cooperation of the Federation Government, or, the cantonal government, the trade union and the employer.
The Economic-Social Council referred to in paragraph 2 of this article shall be established by agreement of the interested parties regulating the composition, the competencies and other issues of relevance for the work of this council.
The Economic-Social Council referred to in paragraph 2 of this article shall pass the rules of procedure, to regulate the manner of passing decisions within its scope of work.

XIX-Supervising the Application of Labor Regulations 

Article 131

A federal or a cantonal labor inspector shall supervise the application of this law and the regulations passed on the basis of this law.
In cases involving a company or an institution of interest for the Federation, the federal labor inspector shall perform the supervision referred to in paragraph 1 of this Article, in accordance with the law.

Article 132

In the implementation of supervision, the labor inspector shall have powers as determined by the law and regulations passed on the basis of this law.
The employee, the trade union, the workers’ council and the employer may request the labor inspector to conduct the inspection supervision.

XX - Special Provisions

1. Work Record Card

Article 133

An employee shall have a work record card.
The work record card shall be a public document.
The work record card shall be issued by a municipal administrative body responsible for labor issues.
The federal minister shall issue the regulation of the work record card to regulate as follows: the content, the issuance procedure, the method of data entry, the procedure of replacement and issuance of new work record cards, the method of keeping the registry book of issued work record cards, the format and method of production, as well as other issues envisaged by the work record card regulations.

Article 134

On the first day of his/her employment, the employee shall submit his work record card to the employer. The employer shall supply the employee a written receipt to that effect.
On the day of termination of employment contract, the employer shall return the work record card to the employee, and the employee shall return to the employer the receipt referred to in paragraph 1 of this article.
The return of the work record card referred to in paragraph 2 of this article may not be conditioned by potential claims of the employer toward the employee.

Article 135

In addition to the work record card from Article 134, paragraph 2 of this law, the employer shall also return to the employee all other documents and at his request he shall issue a letter confirming the jobs he worked on and the duration of employment.
The letter of confirmation from paragraph 1 of this article may not contain the data which would make the conclusion of a new employment contract more difficult for the employee.

2.Temporary and Periodical Jobs

Article 136

For the purpose of completion of temporary or periodical jobs, a contract may be concluded for performing temporary or periodical jobs under the following terms:

that the temporary or periodical jobs are determined in the collective agreement or rule book;
that the temporary or periodical jobs are not the jobs for which employment contracts are concluded for indefinite or definite period of time, either full-time or part-time, and that their duration does not exceed 60 days within one calendar year.

A person performing temporary or periodical jobs shall be provided with breaks and leave during work under the same terms as for the full-time employees, as well as other rights in accordance with the pension and disability insurance regulations.

Article 137

A written contract shall be concluded for the purpose of performing the jobs referred to in Article 136 of this law.
The contract referred to in paragraph 1 of this article shall contain as follows: the type, the manner, the time frame for completing the jobs and the amount of compensation/fee for the jobs completed.

Influence of Military Service on Employment

Article 138

During military service or reserve military service (hereinafter referred to as the military service) the rights and obligations of the employee arising from employment shall be at rest.
An employee wishing to continue employment with the same employer after the completion of the military service shall notify him to that effect within 30 days from the date of termination of the military service, and the employer shall be obligated to take on the employee within 30 days from the date of the notification by the employee.
The employer shall be obligated to assign the employee having notified the employer in terms of paragraph 2 of this article to the jobs he performed before starting the military service or to other suitable jobs, unless the need has ceased for performance of those jobs due to economic, technical, or organization reasons in terms of Article 98 of this law.
If the employer is not able to take on the employee, due to the cessation of need to perform jobs in terms of paragraph 3 of this article, the employer shall be obligated to pay his severance pay as determined in Article 100 of this law, whereby the average salary shall be brought to the level of the salary to be received by the employee if he were working.
If employment terminates for an employee in terms of paragraph 3 of this article, the employer shall not be allowed to employ another person with the same qualification or the same educational background within one year, except the persons from paragraph 1 of this article.
The rights determined in this law in relation to the military service shall also apply to the persons in the service of the reserve police forces.

4. The Rights of Deputies and Officials

Article 139

At the request of an employee elected or appointed to a public office in the authorities of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina or cantonal, city or municipal authorities, or an employee elected to a professional function in the trade union, his rights and obligations arising from employment shall be at rest for a period not exceeding four years from the date of his/her election or appointment.
The provisions of article 138, paragraphs 2 through 5 of this law shall accordingly apply to the employee referred to in paragraph 1 of this article.

XXI-Penalties 

Article 140

An employer -legal entity shall be fined for an offense with 1,000 KM to 10,000 KM, if:

He fails to conclude the employment contract with the employee (Article 2),
he discriminates against a person seeking employment or an employed person (Article 5),
he fails to provide an employee with a written certificate in accordance with Article 14 of this law,
he concludes employment contract for a definite period of time, contrary to Article 20 of this law,
he concludes employment contract no containing the data as prescribed by this law (Article 21),
he sends the employee to work abroad, with the employment contract which does not contain the prescribed data (Article 22),
he requires from the employee to supply data which are not directly linked to employment (Article 23),
he gathers, processes, uses, or supplies to third parties the data on the employee (Article 24),
he concludes the employment contract which contracts the training period exceeding the legally prescribed one (Article 26),
he fails to conclude the volunteer work contract in writing (Article 28),
he concludes full-time employment contract exceeding the legally prescribed number of hours (Article 29),
he requires the employee to work longer hours than the reduced working hours on jobs in which, irrespectively of the work protection measures, it is not possible to ensure protection from damaging effects (Article 31),
he requires the employee to work longer than his full working hours (overtime work) contrary to the provisions of this law (Article 32, paragraph 1),
he fails to inform the cantonal labor inspector on the overtime work he is obligated to inform him of (Article 32, paragraph 2),
he fails to proceed per the decision of the cantonal labor inspector restricting overtime work (Article 32, paragraph 5),
he orders a minor employee to work overtime (Article 32, paragraph 3),
he orders overtime work to a pregnant woman, a mother with a child of up to three years of age or a self-supporting parent with a child of up to six years of age, without his written consent (Article 32, paragraph 4),
he orders night work for a woman employed in industry, in contravention of Article 35
he orders night work for a minor employee (Article 36),
he fails to allow an employee to use breaks and leave during work (Article 37),
he fails to allow an employee to use daily and weekly breaks and leave (Article 38 and 39),
he fails to allow an employee to use annual leave in the shortest duration as determined by this law (Article 41, paragraph 1),
he denies the employee the right to use annual leave, that is, pays him compensation in lieu of annual leave (Article 45),
he fails to allow an employee to use paid leave (Article 46, paragraph 1),
he assigns a minor employee to work on the jobs contrary to the provisions of Article 51, paragraph 1 of this law,
he employs a woman on the jobs where women are not permitted to work (Article 52),
he refuses to employ a woman because of her pregnancy, or cancel her employment contract, or assigns her to other jobs contrary to the provisions of this law (Article 53),
he fails to allow a woman to take paid leave (Article 54, paragraph 2),
he transfers a woman in contravention of Article 54, paragraph 4 of this law,
he fails to allow a woman to use her maternity leave (Article 55),
he fails to allow the father or the adoptive parent of the child to exercise his rights referred to in Article 55 of this law (Article 56),
he fails to allow the woman or the father of the child to work half-time (Article 57),
he fails to allow one of the parents or adoptive parents to exercise his/their right under the terms prescribed in Article 58 of this law,
he prevents a woman to take a break during the working hours in order to breast-feed her baby (Article 59),
he fails to allow one of the parents or an adoptive parent of a child with serious disability (seriously handicapped child) to exercise the right referred to in Article 63, paragraph 1, of this law.
he dismisses an employee who has suffered an injury at work or has developed a professional disease temporarily depriving him of work ability (Article 64),
he fails to return an employee to the jobs he previously performed or to other appropriate jobs (Article 65, paragraph 2),
he fails to offer other jobs to an employee (Article 66, paragraph 1),
he fails to give advantage to an employee in expert training, qualifying or specialization (Article 66, paragraph 2),
he cancels employment contract to an employee with a reduced work ability or immediate risk of developing disability contrary to the provisions of Article 67 of this law,
he pays salary in the amount lower than the one determined in the collective agreement or the rule book (Article 69, paragraph 2),
he fails to pay salary within the period as determined in Article 70, paragraph 1 of this law,
he collects his claim from the employee in contrary to Article 74 of this law,
he terminates the employment contract contrary to Article 87 of this law ,
he fails to allow the employee the right to present his defense (Article 90),
he acts in contravention of Article 93 of this law,
he fails to deliver a written cancellation to the employee (Article 94),
he fails to fulfill his obligations towards the employee, as referred to in Article 96, paragraph 1, of this law,
he fails to produce the redundant staff care program in accordance with Article 98 of this law,
he fails to consult the workers’ council or the trade union when producing the redundant staff care program (Article 99, paragraphs 2 and 3),
he concludes employment contract with another employee (Article 99, paragraph 5),
he discriminates against an employee for organizing or participating in a strike (Article129, paragraph 1),
he prevents or attempts to prevent the federal or cantonal labor inspector in conducting supervision (Article 131),
he refuses to return the work record card to an employee (Article 134, paragraph 2),
he acts in contravention of Articles 136 and 137 of this law,
56., he fails to harmonize rule books (Article 141), within six months from the effective date of this law
he fails to conclude employment contract with an employee (Article 142), within the period of three months referred to in Article 144 of this law,
he employs another person contrary to the provisions of Article 143, paragraph 6  of this law.

If the offense referred to in paragraph 1 of this article has been committed against a minor employee, the lower and upper limits of the fine shall be doubled.
An employer - natural person shall be fined for the offense referred to in paragraph 1 of this article with 500 KM to 2,500 KM.
A responsible person with the employer who is a legal entity shall be fined for the offense referred to in paragraph 1 of this article with 200 KM to 1,000 KM.

XXII - Final and Interim Provisions

Article 141

Employers shall be obligated to harmonize their rule books with the provisions of this law within six months from its effective date.

Article 142

Within three months from the effective date of this law, employers shall be obligated to offer employees to conclude employment contracts in accordance with this law.
An employee not offered by the employer to conclude employment contract referred to in paragraph 1 of this article shall continue to be employed for a definite or indefinite period of time.
The contract referred to in paragraph 1 of this article may not be less favorable than the terms under which the employment was initially constituted, or, under which the labor relations were regulated between the employee and the employer before the date of concluding the contract referred to in paragraph 1 of this article, unless those issues are otherwise regulated in the provisions of the law.
If an employee fails to accept the offer of the employer to conclude employment contract in accordance with paragraph 1 of this article, his employment shall be terminated within 30 days from the delivery date of the draft employment contract.
If the employee accepts the offer of the employer, believing that the contract offered to him by the employer is not in accordance with paragraph 3 of this article, he may contest the validity of the employer’s offer before a competent court within 15 days from the date of accepting the offer.

Article 143

An employee who has the status of a laid off employee on the effective date of this law shall retain that status no longer than six months from the effective date of this law, unless the employer invites the employee to work before the expiry of this deadline.
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.
While laid off, the employee shall be entitled to a  compensation in the amount specified by the employer.
If a laid off employee referred to in paragraphs 1 and 2 of this Article is not invited to work within the deadline referred to in Paragraph 1 of this Article, his or her employment shall be terminated with a right to a severance pay which shall not be lower than three average salaries paid at the level of the Federation within the three previous months, as published by the Federal Statistics Bureau, for up to five years of service and for each additional year of service at least another half of the average salary.
Exceptionally, instead of the severance pay the employer and employee may agree on another form of compensation.
The way, conditions and deadlines for the severance payment referred to in paragraphs 4 and 5 of this Article shall be determined in a written contract between the employer and employee.
If the employee’s employment is terminated in terms of paragraph 4 of this Article, the employer may not employ  another employee with the same qualifications or educational background within one year except the person referred to in Paragraphs 1 and 2 of this Article if that person is unemployed.

Article 144

Employees whose employment is at rest in accordance with the regulations applicable before the effective date of this law and  who, under this law, are not entitled to have employment at rest, shall be entitled to return to the jobs performed by them previously or to other appropriate jobs within six months from the effective date of this law.

Article 145

The procedures to exercise and protect the rights of employees instituted before this law has come into effect shall be completed according to the regulations applicable on the territory of the Federation before the effective date of this law, if this is more favorable for the employees.

Article 146

Until the salaries are regulated by collective agreements, and at the latest during one year no from the effective date of this law, the Government of the Federation shall determine, with the prior consultation with parties to conclude the collective agreement, the amount, the method and the terms of harmonizing the lowest salary.
The decision on the amount of the lowest salary referred to in paragraph 1 of this law shall be published in the Official Gazette of the Federation of BH.

Article 147

The regulations envisaged for the implementation of this law shall be passed within three months from the effective date of this law.

Article 148

The regulations that were applicable before the effective date of this law shall continue to apply until the passage of the regulations referred to in Article 147 of this law.

Article 149

The competent cantonal authorities shall pass regulations consistent with this law within three months from the effective date of this law.

Article 150

The regulations on employment and salaries that were applicable in the Federation territory until the effective date of this law, except the regulations referred to in Article 148 of this law, shall cease to apply in the Federation territory on the effective date of this law.

Article 151

The law shall become effective on the eighth day from the date of its publication in the Official Gazette of Federation of BH.