Programs and schemes for cross-border mobility

Bosnia and Herzegovina's participation in EU programs is regulated by the Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles of Bosnia and Herzegovina's participation in Community programs, which was signed at the EU/Balkan Forum meeting on November 22, 2004. The agreement was ratified by the EU Parliament in May 2005, and in 2006 by the Bosnia and Herzegovina Parliamentary Assembly, and entered into force on January 8, 2007. At its 100^th session, held on June 10, 2014, the Council of Ministers of Bosnia and Herzegovina considered and adopted the Information on the Agreement between the EU and Bosnia and Herzegovina on Bosnia and Herzegovina's participation in the EU Erasmus + program for education, training, youth and sports. On June 6, 2014, in Brussels, the Agreement on the Accession of Bosnia and Herzegovina to the Program was officially signed. Currently, Bosnia and Herzegovina takes part in the implementation of last stage of Erasmus+ program 2021 – 2027. The Erasmus + program has a key component that supports the goals of the European Education Area, the Digital Education Action Plan 2021-2027, the European Youth Strategy and the European Union Work Plan for Sport. General info about program, program structure and available action for Bosnia and Herzegovina are covered in Chapter 2. In the context of the entrepreneurship program, Erasmus+ has a special component that is financially and through activities separate from the Erasmus+ Youth program described above.

Bosnia and Herzegovina participates in the cross-border exchange program EU Erasmus for Young Entrepreneurs. The contact point in charge of implementation of this program in Bosnia and Herzegovina is the Women for Women International. 

Legal framework

In accordance with the Bosnia and Herzegovina Constitution, the area of ​​labor and employment, as well as the employment of foreigners in Bosnia and Herzegovina, is entrusted to the jurisdiction of the entities that have legally regulated this area by special laws. At the level of Bosnia and Herzegovina, the Law on Movement and Stay of Foreigners and Asylum ("Official Gazette of Bosnia and Herzegovina", No. 36/08, 87/12), roughly regulates the conditions and manner of stay of foreigners in Bosnia and Herzegovina on the basis of work, while legal solutions regarding the employment of foreigners at the level of the entities and Brčko District.

In Federation of Bosnia and Herzegovina, the Law on Mediation in Employment and Social Security of Unemployed Persons regulates that the Federation of Bosnia and Herzegovina Employment Institute is responsible for approving the employment of foreign nationals and stateless persons at the proposal of cantonal employment services, in accordance with the Law on Employment of Foreigners Federation of Bosnia and Herzegovina (No. 111/12), the Law on Movement and Stay of foreigners and Asylum (Official Gazette of Bosnia and Herzegovina, No. 36/08 and 87/12) and the Procedure for Issuing Work Permits in Federation of Bosnia and Herzegovina.

In Republika Srpska, according to the Guide for the employment of foreigners based on a work permit created by the Republika Srpska Union of Employers, this issue is regulated by the Law on Employment of Foreign Citizens and Stateless Persons ("Republika Srpska Official Gazette", No. 24/09, 117/11 and 56/22) and relies on the legal regulations of Bosnia and Herzegovina.

The Law on Employment of Foreigners of Brčko District ("Brčko District Official Gazette", No. 15/09, 19/09) provides that the issuance of work permits will be transferred to the Brčko District Employment Institute.

Bosnia and Herzegovina doesn’t have a specific legal framework which refers only to cross border mobility of young workers, trainees/apprentices and professionals/entrepreneurs. Foreigners' rights and working conditions in Bosnia and Herzegovina are defined by the Labor Law specifically for each administrative unit (separately entities, separately for Brčko District) and by Article 63 of the Bosnia and Herzegovina Law on Foreigners - Issuance of work permits. According to this article, the conditions for issuing a work permit are as follows:

• A work permit can be issued to a foreigner at the request of a legal or individual person who intends to employ (employer),

  • Depending on the place of residence or the employer headquarters, the work permit is issued by the authority responsible for employment of foreigners in the Federation of Bosnia and Herzegovina, Republika Srpska or Brčko District.

  • The body responsible for employment of foreigner’s issues work permit based on the established quota of work permits in accordance with Article 64 of the Law on Foreigners (Work Permit Quota) or as a work permit that does not count towards the quota in accordance with Article 65 (Work permits that are not counted in the quota) of this Law, in accordance with the regulations governing the issuance of work permits;

  • A work permit is issued for a specific workplace, i.e. for a certain type of work.

  • A work permit cannot be issued with a validity period longer than one year.