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Vol 2, Issue 1, 2013
Pages: 306 - 322
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Received: >> Accepted: >> Published: 01.09.2013. None of above

Legal Form Of Mobbing Protection In Bosnia And Herzegovina Legislation

By
Aleksandra Vuković
Aleksandra Vuković

Javna zdravstvena ustanova Dom zdravlja Trebinje , Trebinje , Bosnia and Herzegovina

Abstract

In this work the Author processes a legal frame of mobbing protection as a form of discrimination with a special view to the anti discriminatory labor legislation in Bosnia and Herzegovina. As a form of work place discrimination, mobbing is one of forms of mental violence that often combines series of activities which are systematically prepared and executed. The ways of protection and prevention of mobbing at work present an important question for efficiency of mobbing protection system, as a negative social and complex legal phenomenon. In Bosnia and Herzegovina mobbing is firstly defined by acts of Labor Law of Republic of Srpska, followed by Discrimination Prohibition Law and Law on Labor in institutions of Bosnia and Herzegovina. With adoption of Discrimination Law as a general anti discriminatory law, certain novelties have been implemented into the legal system of Bosnia and Herzegovina which represent the result of contemporary tendencies in discrimination suppression. Beside the mentioned novelties in anti discrimination legislation, it can be confirmed without a doubt that existing normative frame of protection against the work place discrimination has understatements which is particularly expressed in practical application of certain acts of the law and especially in cases of Court procedure motion and conduct. Therefore the existing positive legal solutions of mobbing and other forms of discrimination at work would have to be amended with new elements, certainly with the respect of existing international standards in the area of labor and employment as well as the rights that are guaranteed by the Constitution and Law of Bosnia and Herzegovina or there should be a different law on molestation at work place or law on mobbing prohibition which would in detail determine prevention of mobbing and other kind of discrimination.

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