Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Equal Remuneration Convention, 1951 (No. 100) - Bosnia and Herzegovina (Ratification: 1993)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the legislation does not appear to contain a definition of remuneration in accordance with the Convention. It recalls that the broad definition contained under this Article seeks to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions (General Survey on equal remuneration, 1986, paragraph 14). It asks the Government to indicate whether a text including a comprehensive definition of remuneration exists and to provide a copy to the Committee.

2. Article 1(b). Legislative protection. The Committee notes that section 2 of the Constitution of the Federation of Bosnia and Herzegovina prohibits discrimination against "all persons within the territory of the Federation" on a number of grounds, including sex. It also notes that section 5 of the Labour Act prohibits discrimination against "all persons seeking employment or persons employed" on a number of grounds, including sex, in respect of terms and conditions of employment, amongst other issues. The Committee notes that the legislation does not appear to set out the principle of equal remuneration for men and women workers for work of equal value. It notes from the Government’s report, however, that equal pay is guaranteed to men and women workers, although it is not clear from the report whether this means equal pay for work of equal value or for the same work, the latter being narrower than the concept of work of equal value under the Convention. It asks the Government to indicate whether the principle is clearly stated in any legislative or other regulatory text and to provide a copy.

3. Article 2(1). Promotion of principle of equal remuneration. The Committee notes that since submission of the Government’s report a new Gender Act has been adopted in the territory which aims to promote gender equality and to prevent direct and indirect gender-based discrimination. The Committee asks the Government to provide a copy of the new law and to provide information on the manner and extent to which implementation of the law will ensure the application to all workers of the principle of equal remuneration for work of equal value.

4. Article 2(2)(b) and (c). Recognized machinery for wage determination and collective agreements. The Committee notes under sections 68, 69 and 107 of the Labour Act that, where an employer employs over 15 employees, a rule book shall be used to determine employees’ salaries and set minimum wages. The Committee also notes that works councils or trade unions are consulted in establishing such rule books (section 107 of the Act). It also notes under sections 68 and 69 that collective agreements may also set wage rates. The Committee notes, however, that no information has been provided on the methods or criteria used for fixing minimum wages in this manner nor on whether these instruments ensure the application to all workers of the principle of equal remuneration. In order to assess the application of the Convention and, in particular, to ensure that the grounds used for setting rates of remuneration are not discriminatory, the Committee asks the Government to provide information on the methods and criteria used by private employers and by the Government in determining wage rates.

5. Article 3. Job evaluation. The Committee recalls that Article 3(1) of the Convention provides that measures should be taken to promote objective appraisal of jobs on the basis of the work to be performed, where this action will assist in implementing the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey on equal remuneration, 1986, paragraph 138). The Committee would therefore welcome information from the Government on any action taken in the territory, including references to rule books or collective agreements, to compare objectively the value of jobs.

6. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sector, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating the application by the Government of the principle of equal remuneration.