Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Bosnia and Herzegovina (Ratification: 1993)

Article 5, paragraph 4, of the Convention. Absences from work for reasons beyond the control of the employed person. Further to its previous comment, the Committee notes the Government’s indication that sections 57–60 of the Labour Code of the Republika Srpska give effect to Article 5 of the Convention. However, these sections do not provide that absence from work for reasons beyond the control of the employed person concerned, such as absence due to illness, injury or maternity, must be counted as part of the minimum period of service required for entitlement to annual holiday with pay. The Committee requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the provisions of the Convention on this matter.

Article 7, paragraph 1. Payment of the normal or average remuneration during holidays with pay. The Committee notes the indication that during holidays employed persons receive their normal or average remuneration, with the exception of the compensation due in respect of meals. It also notes that clause 19 of the general collective agreement provides for an additional bonus of 50 per cent of the average net salary earned the month prior to the payment of the bonus by all employees on condition that the employer did not make a loss the previous year. The Committee requests the Government to provide a copy of the general collective agreement.

Article 7, paragraph 2. Payment of remuneration before the holiday. The Committee notes the Government’s indication that labour laws do not contain a specific provision requiring the payment of the amounts due in respect of paid holidays to the person concerned prior to the leave, but that in practice employed persons receive their holiday bonus at the same time as their wage. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that workers receive the remuneration in respect of their annual holidays in advance of the holiday, as required by this Article of the Convention.

Article 10. Fixing the time at which the holiday is to be taken. The Committee notes the indication that, with regard to the fixing of the time when the holiday is to be taken, section 23 of the Law on Works Councils of the Federation of Bosnia and Herzegovina envisages mandatory consultations with employers concerning the scheduling of annual leave. It also notes the indication that sections 93–95 of the Labour Code of the District of Brcko govern the competence of works councils in negotiations with employers on employee rights. The Committee requests the Government to provide a copy of the Law on Works Councils of the Federation of Bosnia and Herzegovina.

Article 11. Compensatory pay or equivalent holiday credit. The Committee notes the indication that in practice employers ensure that leave is taken before the termination of the employment contract or that unused leave is transferred to the next firm based on agreement with the new employer. The Committee requests the Government to indicate the measures adopted or envisaged to bring the legislation into full conformity with this provision of the Convention.