Following the announced amendments to the FBiH Labor Law, which FBiH Government would introduce in order to mitigate the effects of the pandemic, we want to draw the attention of the public, as well as bill’s sponsors, to the negative effects that current proposal will most likely have on workers who are also women, single parents, people with disabilities, etc.
Current proposal, created without adequate involvement and participation during the consultation phase, even for an emergency procedure, contains a series of regulations which give employers much more maneuvering space in relation to workers’ rights. On top of that, the proposal doesn’t offer any protection to workers, both women and men, belonging to particularly marginalized groups. Employers will, most likely, implement introduced regulations without any discern, stripping the vulnerable groups of any semblance of protection.
Workers, both men and women, who belong to vulnerable groups must be protected, either by introduction of affirmative actions, where these categories will be excluded from one-sided employer’s decision or – in the case of selective implementation of the new Law’s regulation – be last in line to bear the grunt of these regulations, in cases where such regulations and their implementation limit workers’ rights.
Another area of concern is the lack of sequence for the implementation of the special regulations in the new proposal, which gives employers to opportunity to implement those regulations that bear worst consequences for workers. Without the defined time limit for the implementation of emergency measures, workers are additionally brought into a precarious position.
We call upon FBiH Government to withdraw the proposal, and to consult with social partners. In case that the proposal is not withdrawn, we invite political actors to make corrections to the text of the proposal to provide protection to vulnerable workers, to clearly define the sequence of regulations implementation, as well as their duration, and ensure the implementation of the application of more favorable law principle for workers. The Government needs to commit to strengthened inspection control over employers who implement regulations built into the proposal in order to prevent malpractice and abuse.
Signatories:
- Sarajevski otvoreni centar / Sarajevo Open Centre
- Asocijacija za demokratske inicijative
- Savez samostalnih sindikata BiH
- Udruženje/udruga BH novinari
- Udruženje Vaša prava BiH
- Centar za promociju civilnog društva
- Udruženje Zemlja djece u BiH
- Udruženje Mreža za izgradnju mira