Labor inspection plays a key role in overseeing and ensuring that employers in the Federation of Bosnia and Herzegovina (FBiH) adhere to legal obligations and provide a safe working environment. The purpose of labor inspection is to prevent abuses, ensure workplace safety, and protect workers’ rights. All workers should familiarize themselves with its functions and the rights available to them. In this article, we lay out some of the basic information you should know about this topic.
Importance of Labor Inspection
Labor inspection is primarily conducted by the Cantonal Labor Inspectorate, and in enterprises, companies, and institutions of interest to FBiH, it is performed by the Federal Inspectorate (Article 160 of the Labor Law of FBiH).
The labor inspector conducts workplace audits, and oversees compliance with the Law on Occupational Health and Safety, the obligation to pay pension and health insurance contributions, labor regulations and contracts, and all other relevant regulations.
When employers fail to comply with obligations, inspectors supervise and prescribe sanctions or measures that must be adhered to, thus protecting the safety and rights of workers. Without these controls, there is a greater risk of non-compliance with labor rights, unfair conditions, unpaid hours, or even dangerous working conditions.
In addition, inspectorates play an important role in educating workers and employers, providing all necessary information about laws and rights.
How Can a Worker Respond to Irregularities?
If a worker notices that their employer is violating legal obligations, it is advisable to first try to resolve the issue directly with the employer or superiors. This is often the quickest and easiest way, but may not be applicable and effective in every situation.
In cases where the issue cannot be resolved in this way or there is fear of some form of retaliation against, workers reserve the right and obligation to report irregularities to the competent institutions. Anonymous reporting to the inspectorate is possible as well, precisely for such reasons.
How to File a Report with the Labor Inspectorate?
According to the Law on Inspections, a legal or physical entity can submit a written request to the competent labor inspection. The identity of the submitter must remain classified (Article 86).
The submitter will be notified of the measures taken within 15 days of the completion of the inspection.
Submitting a report is simple and available through multiple channels:
- By phone via the official number of the competent inspectorate
- Electronically via email or an online form on the competent inspectorate’s official website
- By personally visiting the nearest inspectorate office
It is recommended that, if possible, workers gather evidence that may be useful during the inspection. Moreover, it’s important for the data to be accurate and clear so that inspectors can act quickly and efficiently.
Overview of Workers’ Rights
Labor inspectorates have the obligation to prevent illegalities and ensure that employers respect workers’ rights, which are formulated through various legal frameworks, including the Labor Law, Law on Occupational Health and Safety, Law on Health Insurance, and others.
Some of these rights include:
- Adequate safety measures at work (e.g., protection from hazards, harmful materials, noise, etc.)
- Compliance with working hours
- Timely payment of salaries, contributions, and other types of compensation
- Compliance with regulations related to annual leave in FBiH and other types of leave
- Transparent employment process, without discrimination on any basis (e.g., gender, race, marital status, health status, disability, family obligations, etc.)
- Protection from harassment in the workplace, etc.
If the employer does not fulfill all obligations, the competent inspectorate is obliged to order the employer to take appropriate measures to eliminate identified irregularities and ensure compliance with regulations.
Why the Ability to Report Irregularities Matters
The ability to report irregularities is one of the most important tools in protecting workers’ rights. However, workers often hesitate due to fear of potential consequences, such as loss of employment. It is crucial to know that the system is set up to protect the identity of the submitter, and workers have no reason to worry.
Workers have the right to report dangerous conditions, unpaid wages, or other irregularities, and rest assured that they will be protected from any forms of retaliation or job loss.
Advice for Workers
- Familiarize yourself with the laws relevant for you as an employee (Labor Law, Occupational Safety Law, Health Insurance Law, Health Protection Law, etc.).
- Thoroughly read your employment contract, regulations, and other internal acts so that you are aware of your rights and obligations as an employee.
- If you notice irregularities, first try to resolve them by talking to superiors.
- If the problem is serious or unsolvable, exercise your right to report to the labor inspectorate, knowing that your identity is fully protected and that the employer cannot “punish” you for the report.
- Keep records and save evidence of irregularities or illegal actions.
- If your rights are violated or denied, or you suspect irregularities within the business and are unsure how to proceed, consult a labor law attorney.
Conclusion
Labor inspection is a crucial factor in protecting workers’ rights and ensuring safe and fair working conditions. All workers should be aware of their rights, as well as the mechanisms established for their protection and how they can report irregularities without fear of employer “retaliation.”
If you have any questions or want more information, you can also contact our team of attorneys, who have many years of experience in labor law.
Your safety and rights are a priority. Stay informed and use all available measures to fight for them.
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