The Labour Law which entered into force on 20 August 2015 has been repealed and as of 16 March 2016 will no longer have any legal effect.
On 17 February 2016, the Constitutional Court of the Federation of Bosnia and Herzegovina (FBiH) issued a judgment (Judgment) stating that the Labour Law of FBiH (Labour Law) was adopted in a procedure contrary to the Rules on Procedures of the House of People of the Parliament.
The Judgment was published on 16 March 2016 in the Official Gazette of FBiH and as of this date the Labour Law no longer has any legal effect.
In issuing the Judgment, the Constitutional Court of FBiH did not assess the merits of the Labour Law, but only the procedure under which it was enacted.
The Labour Law has now been returned to the House of People of the Parliament of FBiH as a draft proposal.
The relevant authorities have not yet issued any statement as to which law will be applicable until a new labour law is adopted. However, in practice it seems relevant that the previous labour law published in the Official Gazette no. 43/99, 32/00 and 29/03 shall apply.
By Adnan Sarajlic, Associate, Wolf Theiss