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Press statement | 09.11.2017

Unconstitutional limitation of unpaid leave

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Human Rights Ombudsmen of Bosnia and Herzegovina welcome the Decision of the Constitutional Court of the Republika Srpska/Republic of Srpska (U-94/16 of 25.10.2017), which establishes that the unconstitutional provision of the Collective Agreement for employees in the RS law enforcement agencies, where the unpaid leave is limited to three months.

The Constitutional Court's decision confirmed the findings of the Ombudsman for Human Rights on the complaints of police officers who were dismissed because they used unpaid leave of one year due to their participation in peacekeeping missions abroad. Following the conducted investigation, the Ombudsmen asked the RS Ministry of Internal Affairs to review the dismissal decisions (P-13/16) one year ago, to approve requests for unpaid leave of one year (P-36/16), they were monitoring the trial at the request of the party before the Basic Court of Banja Luka (Ž-BL-04-503 / 16). In the response of the Ministry of Interior to the recommendations of the Ombudsman, it is stated that they will be respected at the end of the court procedure, after which the Urgency was sent to the RS Prime Minister to take measures to implement the recommendations of the Ombudsmen. By non-implementation of the recommendations of the Ombudsmen in due time, in particular in the light of the Constitutional Court's decision, the responsible public authority has now opened the possibility of filing the claims for compensation (including salaries, contributions and other benefits), thus exposing itself to judicial and financial responsibility and in general led to legal uncertainty regarding validity all decisions that tackle this issue.

This example serves as yet another proof of the importance of the preventive role of the Human Rights Ombudsman, recommendations of which grant the possibility for the public authorities to correct their own actions before the detrimental consequences have taken place, which would ultimately be borne by the citizens as taxpayers.



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