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Employee protections in Bosnia and Herzegovina

All countries have certain laws in place to protect employees from coming to harm in the workplace. For example, many have requirements for employers above a certain size to put in place whistleblowing policies to make it easier for employees to come forward about wrongdoing without fear of retaliation.

In this section, we’ll cover various employee protections in Bosnia and Herzegovina, including whistleblower protections, data privacy regulations, protection from harassment, and pay equity laws. By the end of this section, you should have all the information you need to both protect your employees and safeguard your business.

Whistleblowing in Bosnia and Herzegovina

Whistleblowers play an important role in society by calling out wrongdoing witnessed in the workplace. For this reason, many countries have put in place special laws to both facilitate whistleblowing activities and protect whistleblowers from any form of retaliation. Read on to learn what you need to know about whistleblower protections in Bosnia and Herzegovina.

Whistleblower protections in Bosnia and Herzegovina

​Whistleblower protection in Bosnia and Herzegovina is governed by different legal frameworks across its various administrative regions. At the national level, the law protecting whistleblowers is the Law on Whistleblower Protection in the Institutions of Bosnia and Herzegovina, which came into effect in 2014.

This law was designed to safeguard employees working for state institutions. The body responsible for providing protection for whistleblowers under this legislation is the Agency for Prevention of Corruption and Coordination of the Fight against Corruption (APIK).

Regional whistleblower laws in Bosnia and Herzegovina

Republika Srpska (RS) has had a distinct whistleblower protection law in place since June 2017. This legislation extends protections to employees in both the public and private sectors. Notably, it permits the external reporting of corruption to civil society organisations, exempts whistleblowers from court fees, and mandates expedited judicial responses to whistleblower disclosures.

Under this legislation, employees can file complaints directly with the courts.

As of 2025, there is currently no specific legislation for whistleblower protection in the Federation of Bosnia and Herzegovina (FBiH), despite attempts to draft and adopt such a law. The Brčko District (BD) has implemented a whistleblower protection law similar to the state-level legislation.

Data privacy in Bosnia and Herzegovina

During the course of the employment relationship, employers are usually required to process the personal data of their employees. There are specific rules that employers must comply with to ensure that data is safe and protected. Read on to learn what you need to know about data privacy in Bosnia and Herzegovina.

The law on personal data protection in Bosnia and Herzegovina

Data protection in Bosnia and Herzegovina is mostly governed by the Law on the Protection of Personal Data, which came into force in 2006 and has undergone several rounds of revisions in the years since its implementation. Labour laws in the two main entities of Bosnia and Herzegovina also provide specific provisions related to the protection of employee data.

What employers need to know about data protection in Bosnia and Herzegovina

Employees can ensure compliance with the various laws on data protection in Bosnia and Herzegovina by adhering to the following principles:

  • Ensure that data collection and processing are conducted legally and transparently.
  • Only collect data for legitimate, specific purposes related to the employment relationship.
  • Only collect the personal data that is necessary for the intended purpose.
  • Ensure personal data is kept accurate and up to date.
  • Retain personal data only for as long as necessary to fulfil the intended purpose.
  • Implement security measures to protect personal data from unauthorised access.

Employee rights related to personal data in Bosnia and Herzegovina

Under the relevant regulations, employees in Bosnia and Herzegovina have the right to:

  • Be informed about the collection of data.
  • Access their personal data.
  • Object to the collection of their personal data.
  • Object to direct marketing.
  • Request the correction, deletion, or blocking of personal data.

Equal treatment for temporary agency workers in Bosnia and Herzegovina

Temporary agency workers are workers engaged through a temporary labour agency on a short-term basis. For example, employers may engage agency workers to meet additional demands during their peak season.

Equal treatment for temporary agency workers in Bosnia and Herzegovina

In many countries, labour laws include a provision stating that temporary agency workers must not be treated less favourably than permanent staff members in the same or similar roles. In some jurisdictions, this right applies from the first day of employment, while in others, it applies only after a set period. There are currently no specific regulations of this type in Bosnia and Herzegovina.

Anti-discrimination laws and protection against harassment in Bosnia and Herzegovina

Employees in Bosnia and Herzegovina have the right to be free of discrimination and harassment in the workplace regardless of their race, gender, sexual orientation, or other protected characteristics. Read on for what you need to know as an employer.

Anti-discrimination laws in Bosnia and Herzegovina

The main anti-discrimination law in Bosnia and Herzegovina is the Law on Prohibition of Discrimination, which was enacted in 2009. The law applies to all public bodies and private entities across sectors such as employment, education, housing, and access to goods and services. It prohibits discrimination on various grounds, including:

  • Race.
  • Skin colour.
  • Language.
  • Religion.
  • Ethnic affiliation.
  • National or social origin.
  • Connection to a national minority.
  • Political or other beliefs.
  • Property.
  • Trade union membership.
  • Education.
  • Social status.
  • Sexual expression.
  • Sexual orientation.

This law is further strengthened by the Law on Gender Equality, which came into effect in 2003, and which contains measures specifically addressing gender-based discrimination and harassment. It provides a definition of both harassment and sexual harassment and requires employers to create a non-intimidating environment for employees.

Protection against harassment in Bosnia and Herzegovina

Both state and entity laws, including the Law on Gender Equality, define and prohibit harassment and sexual harassment in the workplace. Harassment is defined as unwanted conduct based on gender that violates dignity or creates an intimidating environment. Sexual harassment involves unwanted verbal, non-verbal, or physical conduct based on sex.

Pay equity laws in Bosnia and Herzegovina

In Bosnia and Herzegovina, the principle of equal pay for men and women performing similar work is guaranteed by regulations including the Law on Gender Equality. This law aims to ensure equal opportunities and treatment for all genders, prohibiting discrimination in various sectors, including employment. As mentioned in the previous section, it also defines and prohibits harassment and sexual harassment.

Enforcement of pay equity laws in Bosnia and Herzegovina

The Gender Equality Agency of Bosnia and Herzegovina is the body responsible for monitoring and promoting gender equity initiatives. Victims of discrimination (including pay discrimination) in Bosnia and Herzegovina can file complaints with the Human Rights Ombudsman of Bosnia and Herzegovina, which has the authority to investigate and mediate such cases.

Alternatively, victims may choose to pursue legal action through civil or criminal courts. In civil cases, employers may be ordered to pay compensation to employees who have been discriminated against, while criminal claims could lead to fines and other legal penalties, including imprisonment.

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Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Bosnia and Herzegovina. Get it wrong, and you could face legal action and damage to your reputation.

Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.

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