Pravni i praktični problemi prijema i internog premještaja radnika u javnom sektoru u Federaciji Bosne i Herecegovine / Legal and Practical Issues regarding the Recruitment and Internal Transfer of Employees in the Public Sector in the Federation of Bosnia and Herzegovina

Abstract

The aim of this paper is to present the process of hiring employees in the public sector in the Federation of Bosnia and Herzegovina. The recruitment of employees in the public sector can be done through public advertising or under certain conditions, directly. The Regulation on the Procedure for Employment in the Public Sector in the Federation of Bosnia and Herzegovina (hereinafter referred to as the Regulation) regulates the process of hiring employees in the public sector in the Federation of Bosnia and Herzegovina. The recruitment of employees can be done through public advertising or through direct appointment. Direct appointment of employees and the redistribution of employees, which were exceptions, have become the rule. The goal of enacting the Regulation is to ensure greater transparency in the employment process in the public sector in FBiH. Access to the labor market should be guaranteed to all individuals within the territory of Bosnia and Herzegovina. In this regard, in order to ensure access to the labor market, it was necessary to establish the obligation of public advertising. For the first time, as of 2019, the Regulation explicitly stipulates the obligation of public enterprises to hire employees through public advertising. In terms of content, the Regulation has several shortcomings, but despite these, it represents a solid but insufficient legal framework. Namely, the Regulation does not correspond to the requirements of the labor market, and public sector employers find ways to bypass its application or act in contradiction to the Regulation's objectives. The major drawbacks of the Regulation are related to the need for double advertising in the application of the internship institute and the inconsistency with the fundamental principles of labor law, which consider the subject of labor law to be the "employee," while the Regulation centralizes the subject as the "workplace." Special attention is given to the recruitment of candidates in employment without the application of public advertising procedures, as well as the internal transfer of workers in public sector enterprises, which is a significant legal tool for all public sector enterprises. The paper also presents alternative institutes that employers use for candidate recruitment.