The Labour Law enacted by the Parliament of the Federation of Bosnia and Herzegovina, which entered into force on 20 August 2015, must be returned into the phase of draft proposal, according to a judgment by the Constitutional Court of the Federation of Bosnia and Herzegovina.
According to an unofficial report received on 23 February 2016, the Constitutional Court of the Federation of Bosnia and Herzegovina (hereafter: FBiH) has ruled that the Labour Law of FBiH (hereinafter: Labour Law) was adopted in a procedure contrary to the Rules on Procedures of the House of Peoples of the Parliament of FBiH. It is therefore contrary to the Constitution of the FBiH, and is returned to the phase of draft proposal.
Specifically, during this procedure, the Constitutional Court of FBiH did not evaluate the content of the Labour Law, i.e. its substantive legal nature, but rather the procedure of its enactment. By this judgment, the Labour Law is considered as never having been enacted, and will not any produce legal effect from the date of the publication of the judgment in the Official Gazette of FBiH.
Since the judgment has not yet been published in the Official Gazette of FBiH, its content cannot be determined with any certainty. Furthermore, it should be underscored that the judgments of the Constitutional Court of FBiH are final and binding from the date of their publication in the Official Gazette of FBiH.