1.  Please describe whether there is any legal regulation (laws or collective bargaining agreements) or other measures in this jurisdiction which prohibit sexual harassment in the workplace, and since when has the prohibition been in force? 
  2.  Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 
  3.  Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?
  4. What legal remedies are in place to resolve or compensate for workplace sexual harassment in this jurisdiction?
  5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?
  6. Any other relevant information on workplace harassment ? 
  7.  Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action? 

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Bosnia and Hezergovina
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There is legal regulation at both the state (BiH) and entity (FBiH and RS) levels that defines and prohibits sexual harassment in the workplace. Among the regulations covering this matter are:

  • Law on Prohibition of Discrimination – since 2009 (“Official Gazette of BiH” no. 59/2009 and 66/2016)
  • Labour Law of Federation of Bosnia and Herzegovina – since 2016 (“Official Gazette of FBiH” no. 26/2016, 89/2018, 23/2020, 49/2021, 103/2021, 44/2022 and 39/2024)
  • Labour Law of Republika Srpska – since 2016 (“Official Gazette of RS” no. 1/2016, 66/2018, 91/2021, 119/2021, 112/2023 and 39/2024)
  • Law on Protection Against Harassment at Work of Republika Srpska – since 2021 (“Official Gazette of RS” no. 90/2021)
  • Law on Gender Equality of Bosnia and Herzegovina – since 2010 (“Official Gazette of BiH” no. 32/2010) 

Besides the legal regulations mentioned above, some collective bargaining agreements also contain provisions on the prohibition of sexual harassment in the workplace. However, such provisions usually do not regulate the matter in detail. 

2. Are employers in this jurisdiction required to take pro-active action to prevent sexual harassment in the workplace? 

According to all applicable regulations in Bosnia and Herzegovina, the employer is obliged to ensure a safe working environment, which includes the protection of employees' dignity, as well as to inform employees about their rights, duties, and responsibilities, prevention measures, causes, manifestations, and consequences of harassment at work. None of the regulations in Bosnia and Herzegovina prevent employers from taking additional proactive measures for the prevention of sexual harassment in the workplace. 

In RS, an employer who employs 15 or more employees is required to regulate protection against harassment at work in an internal act. The Law on Protection Against Harassment at Work specifically regulates the mandatory contents of such an internal act. No similar requirement is prescribed by the applicable regulations in FBiH. 

In addition to the above, in RS, as stipulated by the Law on Protection Against Harassment at Work, an employer who becomes aware that an act of harassment (including sexual harassment) has been committed at work is obliged to initiate the procedure for determining responsibility for the violation of work discipline immediately upon receiving such information. This obligation exists regardless of whether a formal request for protection against harassment has been made. The procedure must be carried out within 15 days from the time the employer becomes aware of the harassment. Since protection against sexual harassment in FBiH is provided only within the framework of protection against discrimination, the laws in FBiH do not impose a similar obligation on the employer. 

3. Did the #MeToo movement have a noticeable impact on the number of harassment claims against your employer clients when it first began in October 2017 and has the position changed since then?

Even though the #MeToo movement had some impact on certain events and the behaviour (awareness) of the general public in Bosnia and Herzegovina, there is no data indicating whether, or to what extent, it influenced a reduction in requests for protection against sexual harassment. Regarding our clients, we do not have data that would suggest a possible reduction in the number of requests of this nature. 

Sexual harassment, as a form of discrimination, is recognised in both the labour laws of FBiH and RS, as well as in the Law on Prohibition of Discrimination of BiH. Victims of sexual harassment are therefore able to use mechanisms for protection against discrimination before the employer and the court.

Sexual harassment in FBiH is primarily regulated by the Labour Law of FBiH, while the Law on Prohibition of Discrimination applies to anything not specifically regulated by the Labour Law of FBiH. In cases of discrimination (including sexual harassment), employees in FBiH, as well as individuals seeking employment, can request protection from the employer within 15 days from the day they learn about the discrimination (including harassment). If the employer fails to take action to prevent harassment or sexual harassment within a set timeframe, the employee may request protection from the competent court. In court proceedings, the burden of proof lies with the employer, i.e. the employer must prove that no conduct constituting sexual harassment occurred.

In RS, although sexual harassment is defined by the Labour Law of RS, it is primarily regulated by the Law on Protection Against Harassment at Work. According to this law, an employee who believes they are exposed to harassment (including sexual harassment) has the right to submit a request for protection against harassment to the employer within 30 days from the day the last act of harassment occurred. With the employee's written consent, the same request may be submitted by a syndicate representative or another employee representative. If the employer does not act on the request within 15 days, the employee may file a lawsuit with the competent court within a further 30-day period. 

Additionally, the Law on Gender Equality of BiH recognises sexual harassment as a criminal offence. This law also provides that legal and natural persons (including employers) who were obliged to take measures for protection against harassment (including sexual harassment) can be held responsible for misdemeanours, with fines ranging from BAM 1,000 to BAM 30,000.

5. On a traffic light red/amber/green scale, how high a priority is tackling sexual harassment for clients in this jurisdiction?

Amber.

6. Any other relevant information on workplace harassment ? 

Legal regulations in Bosnia and Herzegovina define sexual harassment as any form of unwanted verbal, non-verbal, or physical behaviour of a sexual nature, whose aim or effect is to violate the dignity of a person, especially when it creates a frightening, hostile, degrading, humiliating, or offensive environment.

7. Are you aware of any sectors which have been particularly affected by, or concerned with, harassment? For example, where reports of complaints are high, or the media have exposed an issue, or regulators are taking action? 

There are no official data on the occurrence of harassment cases in specific sectors or areas, but media reports largely focus on harassment cases in the public sector, with less attention given to privately owned companies. Additionally, some reports indicate that women in the education sector experience sexual harassment more often than in other sectors or areas.