FBiH To Legislate Student Employment Arrangements

On 22 April 2024, the House of Representatives of the Federation of Bosnia and Herzegovina (FBiH) enacted a set of amendments to the entity’s Labour Law.

The next step is for the House of Representatives to set a start date for a 60-day public consultation period. The Federal Ministry of Labour and Social Policy, which proposed the amendments, was instructed to consider and implement recommendations for the proposed rules adopted by the legislative body on 22 April 2024.

The amendments seek to align employment regulations with European Union acquis, permit students to work legally, enhance the business environment, address undeclared work, and help curb out-migrations of young people.

One of the proposed novelty involves allowing companies to offer casual, temporary work contracts to students of universities or other accredited higher education institutions who attend courses full-time, part-time, remotely, or using any combination of these three modes as envisaged by the higher education institution pursuant to FBiH legislation governing higher education.

The amendments set out restrictions on casual work by students and the rights and obligations of both parties to these arrangements.

• Casual work is defined as work that does not pose elevated risk within the meaning of health and safety regulations and involves a full or part-time fixed-term contract (such as seasonal or manual work);
• Students may enter into these contracts no more than twice in any given calendar year, provided that the total period of employment does not exceed 180 days in any given calendar year;
• Students must provide employers with appropriate proof (such as a certificate or other credentials) substantiating their student status;
• Students entering into such contracts must be between 18 and 26 years old;
• Employers must ensure that students have access to daily rest periods under the same conditions as other employees, as required by pension and disability insurance legislation.

Part-time students were already able to work during their studies, and the amendments seek to extend this opportunity to full-time students as well. These young people could use such casual work to improve their skills and employability and gain pension and disability insurance coverage, whilst at the same time helping curb the illicit use of students as cheap labour in informal jobs.