Labor relations in school and preschool institutions in the Republic of Srpska represent a crucial aspect of the educational system of this entity. These relations are regulated by a series of laws and regulations that define the rights and obligations of employees, employment requirements, the duration of the employment, as well as other issues of importance for the labour-legal status of employees. The key law that regulates this area is the Labor Law of the Republic of Srpska, along with the Law on Preschool Upbringing and Education, and the Laws on Primary and Secondary Education and Upbringing. Jointly, these laws provide a comprehensive legal framework that defines the rights and obligations of employees, employment conditions, duration of employment, and specific requirements related to the education sector.
The Labor Law of the Republic of Srpska stipulates that labour relations, rights, obligations and responsibilities from the labour relation and other relations based on work in the Republic of Srpska are regulated by that law. However, separate laws can regulate labour relations differently, while the rights, obligations and responsibilities from the employment relationship can also be regulated by a collective agreement and regulations as well as by the employment agreement only when this is determined by the Labor Law of the Republic of Srpska. In the field of education and culture, a particular collective agreement was concluded between the Union of Education, Science and Culture and the Government of the Republic of Srpska, which additionally regulates the relationships of employees in school and preschool institutions.
Employment conditions
Employment in preschool and school institutions in the Republic of Srpska requires the fulfilment of certain legally prescribed criteria. Candidates must have appropriate education and professional training, which implies completed studies relevant to the position for which they are applying (e.g. Faculty of Pedagogy, Faculty of Preschool Education). Thus, for the admission of a teacher to work in a preschool institution, it is necessary that the same has completed the first cycle of studies on the study program of preschool education and upbringing or the program for the education of teachers for a duration of three years and achieved at least 180 ECTS credits, passed the professional exam for educational work and a doctor’s certificate of mental and physical ability to work with children, and the same conditions are prescribed for the jobs of teachers, supervisors in extended school stays and school librarians, according to the Law on Elementary and Secondary Education. In addition, a teaching license issued by the relevant ministry is required.
Admission to employment
Employment is most often done through public tenders announced by preschool and school institutions, necessarily through the Employment Agency of the Republic of Srpska. Competitions must be publicly available and transparent, published in the Official Gazette and on notice boards of institutions. The competition procedure includes the reception of applications, review of documents, testing and interviews, and the final decision on the selection of candidates. The Ministry of Education and Culture of the Republic of Srpska adopted the Rulebook on the procedure for employment and scoring of teachers, professional associates, secretaries, and accountants. The Rulebook defines that it is necessary to indicate whether a person with experience or a person without experience — a trainee — is hired, as well as the general conditions that candidates applying for a public competition must meet and the documentation that they must submit with a signed application for a public competition. One of the primary goals of the adoption of this Rulebook was certainly to reduce the number of court cases related to contesting Decisions on hiring through the competitive procedure.
Employment relationship and employment contract
In the Republic of Srpska, labour relations in school and preschool institutions are regulated by particular laws related to education, which have specific provisions compared to the general Labor Law. One of the key specifics represents the possibility of concluding an employment agreement for a fixed period longer than the maximum period defined by the General Labor Law.
According to the Labor Law of the Republic of Srpska, a fixed-term employment agreement can be concluded for a maximum period of two years. After the expiration of this period, the employer is obliged to offer the employee an agreement for an indefinite period if there is a need for continued employment.
On the other hand, the Law on Preschool Education and Upbringing of the Republic of Srpska, as well as the Laws on Primary and Secondary Education and Upbringing, allow the conclusion of fixed-term employment agreements for a period longer than two years, which represents a deviation from the general rules defined by the Labor Law. This specificity was introduced due to the special needs of the educational system, such as projects with limited duration, specific pedagogical programs, and periodic changes in the number of enrolled children that may affect the need for staff, especially changes in the number of students, specialized educational programs, or temporary replacement employees on long-term sick leave or maternity leave, which is why the employment of additional teachers for a period longer than two years is foreseen without the obligation to offer them an agreement for an indefinite period after the end of that period.
Termination of the employment agreement
Termination of the employment can be initiated by the employer or the employee. Reasons for termination by the employer may include serious violations of work discipline, failure to fulfil work obligations or technological and organizational changes. The termination procedure must be in accordance with the law and the collective agreement, including the employee’s right to appeal and legal protection, and all in accordance with the Labor Law, the Law on Preschool Education and the Law on Primary and Secondary Education. These laws ensure that the termination procedure is transparent and fair, with particular emphasis on pedagogical standards and professional obligations of employees.
Thus, labour relations in school and preschool institutions in the Republic of Srpska are governed by a detailed legal framework that ensures the rights and obligations of employees. Transparent competitions, appropriate education and vocational training, rights to salary, vacation, professional training, and safe working conditions are the key elements of this system. Proper management of labour relations contributes to the quality of the educational process and the overall development of the educational system in the Republic of Srpska. This kind of flexibility enables better personnel management, ensuring the continuity and quality of the educational process without violating the legal rights of employees.
Author: Milica Crnic
