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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bosnia and Herzegovina (Ratification: 1993)

Article 7 of the Convention. Permanent exemptions. The Committee notes the Government’s reference to the Law of the Federation of Bosnia and Herzegovina on Crafts, and the Laws of the Republika Srpska on Trade and on Hospitality, which provide for specific schedules of working hours, including working hours on public holidays and days of weekly rest, for persons and enterprises involved in certain types of economic activity such as retail sale, tourist agencies, handicrafts, banking services, etc. According to these laws, the separate daily and weekly working time arrangements are to be determined by cantonal, municipal and other local self-administration authorities. The Committee would appreciate receiving copies of those laws and of any regulations which may have been issued at the cantonal or municipal levels establishing special weekly rest schemes for specific categories of persons or specific types of establishments. It would also be grateful if the Government could specify the legal provisions guaranteeing that the persons subject to special weekly rest schemes are entitled, in respect of each period of seven days, to 24 hours’ rest, as prescribed by this Article of the Convention.

Article 8. Temporary exemptions. The Committee notes the Government’s indication that the assessment of the necessity to work on a day of weekly rest is left to the individual employer and that the labour laws do not specify the circumstances in which temporary exemptions may be granted. The Committee is bound to observe in this regard that the Convention allows temporary exemptions only for limited and well-defined reasons, i.e. accident, force majeure or urgent work to premises and equipment; abnormal pressure of work due to special circumstances; risk for perishable goods. It therefore requests the Government to take appropriate legislative action to ensure that temporary exemptions from the general rule on weekly rest are authorized only in the cases specified in Article 8, paragraph 1, of the Convention.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of persons employed in the administration and trade sectors of the Federation of Bosnia and Herzegovina and the Republika Srpska. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including labour inspection results showing the number of infringements observed and the penalties imposed, copies of collective agreements containing provisions on weekly rest, etc.