Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee previously noted the adoption of the Law on Gender Equality in 2003, which provides specifically that discrimination on the ground of gender at work and in employment includes “failure to pay equal wages and other benefits for the same work or work of equal value”. It also provides that collective agreements and entity legislation are to be brought into conformity with the Law. The Committee notes the Government’s statement that an analysis has been done regarding the consistency of the labour and employment regulations with the Law on Gender Equality, and conclusions have been submitted to the competent state bodies for action to ensure consistency, including regarding equal remuneration for work of equal value. The Committee welcomes this harmonization initiative, and asks the Government to keep it informed of follow-up action taken by the competent state bodies to implement the conclusions regarding incorporating the principle of equal remuneration for men and women for work of equal value into the entity legislation. The Committee also asks the Government to provide information regarding the implementation of the Law on Gender Equality as it relates to the Convention, including any measures taken or envisaged to promote equal remuneration for men and women for work of equal value, and any complaints filed and the result thereof.

2. Article 2(2)(b) and (c). Recognized machinery for wage determination and collective agreements. The Committee noted in its previous comments that the Labour Act of the Federation of Bosnia and Herzegovina provides for the establishment of wage rates through a rule book or collective agreements. The Committee notes that the Government states that collective agreements and rule books are used to determine all other additional emoluments mainly paid in money. The Government states further that in the collective agreements and rule books, the criteria used to determine wages are position, work results and working conditions. Given the statistics provided by the Government indicating significant occupational segregation, which can lead to an undervaluing of the jobs where women are concentrated, the Committee asks the Government to provide information regarding what measures are taken to ensure that wage rates are determined without gender bias in the public and private sectors.

3. Article 3. Job evaluation. The Committee previously noted that, in the context of the adoption of the Law on Gender Equality, it would be opportune to adopt tools to assist in implementing the principle of equal remuneration. The Committee recalls that the notion of equal remuneration for men and women necessarily implies the adoption of some technique to measure and compare objectively the relative value of jobs performed, namely, job evaluation. The Committee asks the Government to provide information on any initiatives to develop or adopt tools, including job evaluation, to implement the principle of equal remuneration for men and women for work of equal value.

4. Part V of the report form. Statistical information. The Committee notes the statistical information provided with the Government’s report and asks the Government to continue to provide such information.