Ombudsmen.gov.ba - The Ombudsmen of Bosnia and Herzegovina issued a recommendation in order to ensure control of the calculation and payment of special contribution for the promotion of rehabilitation, training and employment of persons with disabilities

Press statement | 20.06.2017

The Ombudsmen of Bosnia and Herzegovina issued a recommendation in order to ensure control of the calculation and payment of special contribution for the promotion of rehabilitation, training and employment of persons with disabilities

Human Rights Ombudsman of Bosnia and Herzegovina

The Human Rights Ombudsmen of Bosnia and Herzegovina were addressed by the Director of the Fund for Vocational Rehabilitation and Employment of Persons with Disabilities of the Federation of Bosnia and Herzegovina (hereinafter: the Fund), with the complaint relating to violation of the provisions of the Law on Vocational Rehabilitation, Training and Employment of Persons with Disabilities, "Official Gazette of the Federation of BiH", number: 9/10.

The complainant points out that over 40,000 employers in the Federation of Bosnia and Herzegovina directly discriminate persons with disabilities in a way that they do not comply with the legal obligation or do not pay a special contribution to the promotion of professional rehabilitation, training and employment of persons with disabilities, even though they do not employ the prescribed number of persons with disabilities.

In the course of investigation, the statement of Tax Administration of the Federation of Bosnia and Herzegovina has been obtained and it has been established that, although the legal solution for all employers in the Federation of Bosnia and Herzegovina stipulates the obligation to pay special contributions for encouraging professional rehabilitation, training and employment of persons with disabilities, The collection of such contributions is not regulated, and therefore also the compliance with the legal provision.

The Ombudsmen through their the Recommendation draw attention to the consequences of non-settlement of employers' obligations on the basis of the above-mentioned monetary benefits (especially when it comes to high-income public enterprises employing more than a thousand workers and large private entities), which significantly reduces the Fund's resources and, therefore, the quality and comprehensiveness of the processes of rehabilitation and employment of persons with disabilities in the territory of the Federation of Bosnia and Herzegovina.

The Parliament of the Federation of Bosnia and Herzegovina, the Federation Ministry of Finance and the Federation Ministry of Labor and Social Policy are invited, after consultations with the Fund for Professional Rehabilitation and Employment of Persons with Disabilities of the Federation of Bosnia and Herzegovina, organizations and associations of persons with disabilities and organizations and employers' associations, to prepare and adopt amendments to the relevant legal provisions and by-laws that will provide a mechanism for controlling the calculation and payment of special contributions to encourage rehabilitation, training and employment of persons with disabilities.

The process of monitoring the implementation of the issued Recommendation is in progress.

Link to Recommendation.

Useful Links

We are protecting rights of natural persons and legal entities in accordance with the Constitution of BiH and international human rights instruments...
Ombudsmen of BiH