Press statement | 30.01.2019

Recommendation to the Federation Ministry of Justice - To determine the lower limit for basic salary increase for firefighters

On 23 January 2018 the Institution of Human Rights Ombudsman of Bosnia and Herzegovina received a complaint of Ismail Mašić, which relates to lack of determination of the lower limit for basic salary increase. The Federation Ministry of Justice has been designated as a responsible party. The complaint is registered under the number Ž-BR-04-20/18.

In the course of the investigation of the Institution of the Ombudsman, having analyzed the complainant's allegations and reply of the Federation Ministry of Justice, the Ombudsmen found the following:

- that the Law on Salaries and Remunerations in the Authorities of the Federation of Bosnia and Herzegovina ("Official Gazette of the Federation BiH", No. 45/10, 111/12 and 20/17) sets out the basic principles for calculation of salaries and compensations, i.e., the rights of employees to certain types of benefits and allowances on salaries arising from employment, for all employees in bodies at all levels of government in the Federation of Bosnia and Herzegovina.

- that Article 23 of the said law states:
The salary supplement based on special working conditions is:
1) for inspectors, chief inspectors and directors of inspection bodies from 20% to 30% of the basic salary;
2) for deminers from 30% to 50% of the basic salary;
3) for prison guards up to 30% of the basic salary;
4) for civil servants and employees working in jobs that require direct contact with convicted persons in penitentiary institutions from 10% to 30% of the basic salary;
5) for firefighters up to 30% of basic salary;
6) for other jobs that are performed under special conditions specified by a special law, the salary supplement can be determined from 10% to 20%.
A special allowance referred to in paragraph 1 of this Article shall be calculated on the basic salary without part of the salary on the basis of the working period and shall form an integral part of the salary.
The amount of the salary allowance based on the special working conditions referred to in paragraph 1 of this Article shall be determined in the rules on salaries and remunerations of the civil service body, in accordance with the criteria established in the collective agreement.
The heads of administrative bodies at all levels of government will foresee wage supplements in their rules on salaries and allowances for civil servants who hold the scientific degrees of the Master and Doctor of Science if the performance of duties requires such qualifications.

- that Article 114 of the Law on Fire Protection and Firefighting ("Official Gazette of the Federation BiH", no: 64/09) stipulates:

Due to the special working conditions, the weight and nature of the work and the responsibility for carrying out firefighting activities referred to in Article 68 of this Law, the amount of funds for the salaries of the chiefs of professional fire brigade units, their deputies and firefighters in a professional fire brigade of the civil service administration and civil protection of the Federation, cantons, cities and municipalities, as well as for the inspectors referred to in Article 146, paragraph 1, Article 148, paragraph 1, and Article 151, paragraph 3 of this Law shall be determined as civil servants and employees, increased by 30%, while other employees and employees in professional firefighting units they have a salary allowance of up to 20%.
The posts referred to in paragraph 1 of this Article, to which the salary increase is 30% or up to 20%, shall be determined in the rules on salaries and remunerations of the civil protection authorities of the Federation, the canton, the municipality and the city, and according to the positions for the professional fire department unit established in the internal organization of these bodies.

The Ombudsmen acknowledge the fact that Article 23 of the Law provides for an allowance to salary based on special working conditions, determined by a percentage ranging from the lower to the upper limit of increase from the basic salary. It is indisputable that only the upper limit is established for the employees of the fire brigade unit, that is, the firefighters.

The fact that the lower limit has not been determined puts them to an unfavorable position in relation to civil servants and employees for whom the basis for calculation of their salaries and allowances provides the Law on Salaries and Compensations in the authorities of the Federation of Bosnia and Herzegovina. There is no objective and reasonable ground for such legal provision.

Therefore, after the conducted investigation procedure the Ombudsmen of Bosnia and Herzegovina concluded that due to special work conditions, difficulty and nature of work and responsibility for carrying out firefighting operations, the lower limit for basic salary increase for firefighters should be determined as well. On 14 December 2018 the Ombudsman issued its Recommendation P-9/19, which recommended the Federation Ministry of Justice to take measures within its jurisdiction in order to determine the lower limit for basic salary increase for firefighters, and to inform the Human Rights Ombudsman of Bosnia and Herzegovina within 60 days of receiving the recommendation on its implementation.

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