Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1 of the Convention. Legislative developments. The Committee notes the information provided by the Government in response to its request for information on the process of harmonizing state and entity legislation with the equal remuneration for work of equal value provision of the Law on Gender Equality 2003. The Committee notes from the Government’s report that it appears that new laws have been adopted in the Republika Srpska and the Brcko District which address the issue of equal remuneration. According to the Government’s report, the Labour Law of the Republika Srpska guarantees workers identical wages for identical work or work of equal value that they perform for the employer. The report does not indicate how “work of equal value” is defined in the context of the law or whether reference is made to remuneration between men and women. From the Government’s report, it appears that in the legislation of the Brcko District, there is a provision requiring employers to pay employees equal wages for work of equal value regardless of their ethnicity, religion, gender, or political or trade union affiliation, and that “work of equal value” is defined as work requiring the same level of qualification, the same capacity to work, and the same level of responsibility and of physical and intellectual work. The Committee notes further that draft amendments have been prepared to the Labour Law of the Federation of Bosnia and Herzegovina, which envisage a new provision on equal pay identical to that in the Brcko District legislation noted above.

The Committee notes that the definition of “equal value” as set out in the legislation of the Brcko District and in the draft amendments of the Federation of Bosnia and Herzegovina does not reflect the principle established in the Convention. Recalling its 2006 general observation, the Committee notes the importance of providing for equal remuneration not only for work that is equal, the same or similar, but also work that is of an entirely different nature, which is nevertheless of equal value. Different levels of education, different capabilities and different responsibilities, for example, should be able to be compared. The Committee recalls that legal provisions that are narrower than the principle as laid down in the Convention, since they do not give full expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination. The Committee, therefore, requests the Government as follows:

(i)    to ensure that the definition of “work of equal value” in the draft amendments to the Labour Law of the Federation of Bosnia and Herzegovina is revised so as to give full expression to the concept of “work of equal value” as set out in the Convention, and to consider adding a definition of “remuneration” in the draft to make it clear that it includes the “ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (Article 1(a) of the Convention);

(ii)   to take steps to revise the definition of “work of equal value” in the legislation of the Brcko District so as to give full expression to the concept of “work of equal value” as set out in the Convention, and to consider adding a definition of “remuneration”, in the terms of Article 1(a) of the Convention;

(iii) to provide a copy of the recent laws of the Brcko District and the Republika Srpska addressing equal remuneration; and

(iv)  to provide information on the status of the adoption of the amendments to the Labour Law of the Federation of Bosnia and Herzegovina, and to provide a copy once they are adopted.

Article 2(2)(b) and (c). Machinery for wage determination and collective agreements. Given the important role of collective agreements and rule books in the establishment of wage rates and additional emoluments, the Committee had previously requested information on how the issue of equal remuneration for work of equal value is addressed therein. The Committee notes the information provided regarding articles 24 and 27 of the General Collective Agreement of the Republika Srpska, which do not appear to incorporate the principle of equal remuneration for men and women for work of equal value. With respect to rule books, the Committee notes the Government’s indication that these are not publicly available, and could not be provided to the Committee for reasons of confidentiality. Noting that the collective agreements do not yet appear to incorporate the principle of the Convention, the Committee asks the Government to provide information on the steps being taken to harmonize collective agreements with section 8 of the Law on Gender Equality, and on any steps taken, in collaboration with workers’ and employers’ organizations, to encourage the incorporation of the principle of the Convention into collective agreements. The Committee would also welcome receiving examples of relevant provisions of rule books, in a manner that would respect the confidentiality of the workers and employers involved.

Article 3. Objective job evaluation. In the absence of a reply to its previous request, the Committee asks the Government to provide information on steps taken to promote the use of objective job evaluation methods in the public and private sectors.

Parts III–V of the report form. The Committee notes the Government’s statement that a study has been prepared on the differences between the wages of women and men in the country, and that a series of national workshops on gender statistics have been held, including workshops on gender-based difference in the level of wages. The Committee asks the Government to provide a copy of the study “Gender gap in the Bosnian income generation”, as well as further information on the workshops on gender statistics, including any conclusions or recommendations from these workshops. The Committee again requests the Government to provide updated statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation. Please also provide any judicial or administrative decisions related to the principle of the Convention.