Bosnia and Herzegovina (BiH) is gradually embracing remote work arrangements. While the legal landscape is still evolving, there are established regulations and best practices to navigate this growing trend.

Legal Framework

The legal framework for remote work in BiH is anchored in the Law on Labour Relations. The Republika Srpska entity explicitly grants employees the right to request telework arrangements, with employers required to provide a reasoned justification for refusal. This right isn't explicitly mentioned in the Federation of BiH's legislation, but negotiation and agreement are still possible. Regardless of entity, written employment contracts for remote work are mandatory. These contracts should clearly outline working hours, communication protocols, and the legal framework applicable to remote work.

Technological Infrastructure Requirements

A robust technological infrastructure is crucial for successful remote work in BiH. Access to high-speed and stable internet is critical for effective communication, data transfer, and video conferencing. Employers should provide or recommend secure video conferencing platforms and encrypted messaging services for confidential communication. Cloud storage and project management tools can facilitate collaboration and document sharing between geographically dispersed teams. There's no legal mandate for employers to provide equipment, but some may choose to do so.

Employer Responsibilities

Employers considering remote work arrangements in BiH have specific responsibilities. Creating a formal remote work policy outlining expectations, communication protocols, and performance evaluation methods is recommended. Written agreements with remote workers are crucial. These agreements should address details specific to BiH's legal framework and the chosen entity's regulations. Implement appropriate data security measures to protect sensitive information, including employee data. Maintaining regular communication and fostering a sense of team spirit is essential for remote teams.

Employers should be aware of potential tax implications for remote workers residing outside BiH. Work permit requirements for foreign remote workers might also apply. The Law on Occupational Health and Safety requires employers to ensure a safe working environment. While challenging in a remote work setting, employers should encourage good ergonomic practices and open communication about potential remote work-related health concerns.

Flexible work arrangements are becoming increasingly popular in Bosnia and Herzegovina (BiH), offering alternatives to traditional office work. Here's a breakdown of some popular options, along with details on equipment and expense reimbursements:

Part-Time Work

The Law on Labour Relations in BiH establishes the framework for part-time work. This arrangement allows employees to work less than the standard workweek established by entity-specific regulations, typically 40 hours. Part-time employees are entitled to most benefits offered to full-time employees on a pro-rated basis, including minimum wage. Written employment contracts outlining work hours, compensation, and benefit eligibility are essential.

Flexitime

There are no specific legal regulations governing flexitime in BiH. However, employers can establish internal policies outlining flexitime arrangements. These policies should ensure total working hours comply with the standard workweek and adhere to minimum wage requirements. Flexitime offers employees some flexibility in their working hours within a designated core working period.

Job Sharing

The Law on Labour Relations in BiH doesn't explicitly address job sharing. However, employers can draft clear contracts outlining responsibilities, compensation, and working hours for each job sharer, adhering to general employment regulations. Job sharing allows two or more employees to share the responsibilities of a single full-time position.

Equipment and Expense Reimbursements

BiH's labor laws don't mandate employers to provide equipment or reimburse expenses for any flexible work arrangements. However, employers may choose to provide or reimburse employees for essential equipment or offer partial reimbursements for internet connectivity expenses incurred due to flexible work arrangements. It's important for employers to clearly outline any equipment and expense reimbursement policies within their flexible work arrangement agreements to avoid potential disputes.

The rise of remote work arrangements in Bosnia and Herzegovina (BiH) necessitates prioritizing data protection and privacy. With employees working outside traditional office environments, employers must ensure data security while respecting employee privacy rights.

Legal Framework

BiH's legal framework regarding data protection is still developing, with no single overarching data protection law. However, there are relevant pieces of legislation and principles to consider:

• Personal Data Protection Act (Entity-Specific): Both the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) have their own Personal Data Protection Acts which establish general principles for data collection, use, and storage.
• General Data Protection Principles: These principles can be gleaned from existing legislation and are similar to those found in the EU's General Data Protection Regulation (GDPR), even though BiH is not an EU member state. These principles include lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity and confidentiality.

Employer Obligations

Although there are no specific legal mandates for data protection in remote work settings yet, employers have a general duty to protect personal data entrusted to them. This translates to specific obligations in a remote work context:

• Implement appropriate technical and organizational safeguards to protect personal data from unauthorized access, disclosure, alteration, or destruction. This may involve password protocols, access controls, and data encryption.
• Data Minimization: Collect and retain only the employee data essential for legitimate business purposes.
• Transparency: Inform employees about how their data is collected, used, and stored, adhering to the principles outlined in the Personal Data Protection Acts.
• Employee Training: Train remote workers on data protection principles and best practices for handling sensitive information.

Employee Rights

While there are no statutory data protection rights explicitly established for remote workers, the general principles of data protection acts suggest certain employee rights:

• Right to Access: Employees have the right to access their personal data held by the employer.
• Right to Erasure: Under certain circumstances, employees can request the deletion of their personal data.

Best Practices for Data Security

Here are some best practices for employers to ensure data security for remote workers:

• Secure Communication Tools: Utilize encrypted messaging platforms and video conferencing solutions for confidential communication.
• Access Controls: Implement access controls to restrict access to sensitive data only to authorized personnel.
• Data Encryption: Encrypt sensitive data at rest and in transit to minimize the risk of unauthorized access.
• Password Management: Enforce strong password policies and encourage regular password changes.
• Remote Access Protocols: Establish secure remote access protocols that authenticate users and encrypt data transmissions.
• Data Loss Prevention (DLP): Implement DLP tools to prevent accidental or intentional data leaks.