Унутрашњи сукоби радног законодавства у Босни и Херцеговини
Internal Conflicts of Labor Laws in Bosnia and Herzegovina

Author(s): Živorad Rašević
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Conflict of law; Labor relations; Applicable law;
Summary/Abstract: One of specialties of the Bosnia and Herzegovina legal system is the validity of four labour laws, with different personal, material and territorial scopes, and disparate provisions that lead to internal conflicts of laws. This paper evaluates the severity of this issue and suggests a resolution through the application of conflict-of-laws methods. This involves the determining the applicable law and jurisdiction in inter-entity labor disputes, utilizing positive conflict-of-laws provisions and fostering a more innovative jurisprudence. The result of the research reveals that conflicts of labour laws are not only possible but also frequent, and that there is a large and neglected legal lacuna in conflict-of-laws in this matter. Furthermore, compelling arguments have been found to fill this lacuna with broader and analogous interpretations of the only positive source for resolution of inter-local conflicts of law, which only in Bosnia and Herzegovina survived the transition from the ex-federal state,, i.e. the Law on the Resolution of Conflicts of Law in Status, Family and Inheritance Relations. The analysis of positive legal provisions proved that endeavor is feasible. Finally, we have presented the legislative, judicial and theoretical reasons behind the development of conflict law in Bosnia and Herzegovina. This interdisciplinary legal branch is necessary for systematic regulation of the choice of applicable law in the circumstances of the atypical and complicated vertical division of power in the legal system of Bosnia and Herzegovina.

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