Правни режим заснивања радног односа у институцијама Босне и Херцеговине
Legal Regime for Establishing Employment Relationship in Institutions of Bosnia and Herzegovina

Author(s): Jelena Lale, Aida Hadžiahmetović
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Establishment of and employment relationship; Job vacancy announcements; Right to appeal;
Summary/Abstract: The establishment of an employment relationship has a multifaceted role and significance. Through the establishment of an employment relationship, society ensures the quantity and quality of socially necessary work-employers provide the workforce, while workers provide themselves and their family members with material and social security. Therefore, appropriate legal formalization of the establishment of an employment relationship is necessary, i.e., the establishment of a legal framework. This work will conduct of systematic analysis of the legal framework of the establishment of an employment relationship in the institutions of Bosnia and Herzegovina, one of the most significant labor law institutions, bearing in mind that this institution represents the first and most direct elaboration of the labor law. In relevant sections of this article, attention will be devoted to the process and key phases of establishing an employment relationship for civil servants and other employees, with a special focus on protecting participant in the recruitment process and their right to effective legal remedies. This research work will also address the possibility of extending the employment relationship for civil servants who, in accordance with current legal regulations, have fulfilled the conditions for receiving old-age pension benefits, considering that such cases arise in the institutions of Bosnia and Herzegovina. This practice raises several unresolved questions, especially given that the appropriate legal norms typically stipulate the termination of the employment relationship upon meeting the eligibility criteria for old-age pensions. To address this issue, the authors will provide de lege ferenda suggestions for better and more comprehensive regulatory solutions.

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