The decision of the Government of the Federation of BiH on non-working Sunday in the FBiH Arranged due to, as they emphasized the rights of workers, in the last months, has also shown their negative aspects.
In the meantime, the FBiH government has “silent acknowledged” that such a model of this decision is not ideal, so the decision was made on an exemption from non-working Sunday.
This Regulation shall regulate the procedure, criteria and conditions that must meet local self-government units for the application of the provisions of Article 18. paragraph (10) and (11) of the Internal Trade Act. It is determined that the FBiH government may make a decision determined that sales facilities in the territory of a certain municipality or city be opened on Sundays or during the holidays.
The Regulation is the prescribed procedure that the City / Municipal Council may give a proposal to the Ministry of FBiH Trade / Government of the FBiH to be opened on Sundays and for days of the holiday.
As stated, the proposal required by the application of the provisions must contain objective reasons and detailed explanation, and especially data on:
a) impact on the decline in traffic in the trade activities at the local community level, compared to the same period in 2023. years,
b) influencing the decline in employees in the trade activities at the local community level, compared to the same period in 2023. years,
c) justification for seasonal proposals and the exemption period in case of request for seasonal exemption.
These criteria were entered in December 24, but before the adoption of the Regulation at the Federal Level, the city of Orašje is 20. December requested and received approval for the exclusion of the application of the Law on Internal Trade, ie a non-working Sunday. While Orašje enjoys the benefits of this exception, other cities and municipalities suffer the consequences.
“Paradoxical, the town of Orašje received the exemption in accordance with the Internal Trade Act under Article 18. Infidation of the FBiH and the Government is made by the Law. The city of Orašje was done by all by comments and problems. However, there were no comments. The paradox, the scandalous thing, where the law passes is made, because Article 18 did not evaluate in the way they are allowed to insist the ‘seasonal influence’, it is very controversial, because I have information, to be planned. To make an exemption for Neum, “Chalavnic points out.
The essential question is – how after Orašja, the FBiH government can refuse to the request of any city or municipality in the cases in which the criteria are met, given the fact that the Regulation does not specify that they are eliminatory factors.
Encouraged by this Regulation, the exemption requests of the FBiH government sent some more cities / municipalities. Among them is the Municipality of Travnik, which in the last two months, due to the decision on the minimum salary and non-working week, the deficit of 10 million KM and 728 jobs. They still have not received an answer, writes Clix.
“Orašje did not fulfill a single criterion, it had to prove it to the Ministry of Trade and in this case, the Municipality of FBiH is being reported. The goal of this Regulation was to discourage the cities. I think that Travnik, Jablanica, The old town and many more cities and municipalities should be allowed to be exempted, and whether I agreed with the decision, they thought she was good or bad, the problem is Orašje, “he says.
It is important to emphasize the essential deficiencies of the law. The first minority is that this law is not the Law on Prohibition of the Work on Sundays, which confirmed the relevant Minister of Labor and Social Policy Adnan Delić. Another shortfall is reflected in the fact that the law does not apply to the area of the entire BiH, and the third deficiency is the case of Orašje.
“Paragraph 10, which has entered the HDZ Article 18 is a legal bomb because it is to take a question of the National Key, in the coming of this exemption, e.g. to introduce a model on the neighboring Croatia. But it will also do the absurdity in relation to the Orašje because it will be able to work in Orašje Non Stop, “Cavalić warns.
The damage to this law is also visible that the revenue inflow is redirected in the entity on non-working Sunday, and the biggest losses suffer those workers in the FBiH, but behind the locked doors, but they have been fired.
