Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 4 August 2011 concerning issues being examined by the Committee and some specific cases of anti-union discrimination. It requests the Government to provide its observations thereon.

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments, in view of observations made by the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the Confederation of Trade Unions of the Republika Srpska (SSRS) on various forms of pressure and intimidation in private companies to prevent workers from establishing trade unions, the Committee had requested the Government to provide any statistics available regarding the complaints or findings of the labour inspectorates in the entities relating to anti-union discrimination in the workplace and any steps taken to ensure adequate protection for workers in this regard. The Committee notes from the Government’s report that: (i) the Government of the Republika Srpska has no information available on the number of complaints filed in connection with anti-union discrimination (to its knowledge there were none) but expects to receive such information from the unions denouncing anti-union discrimination; (ii) the Government of the Federation of Bosnia and Herzegovina has no statistics available as regards complaints relating to anti-union discrimination in the workplace but will make efforts to obtain the requested information; and (iii) concerning the Brčko District, the Government merely indicates that sections 6 to 9 of the Labour Act of the Brčko District protect workers against anti-union discrimination. The Committee further notes with concern that the ITUC indicates that: (i) dismissals of trade union officials are not infrequent, which in a country with an unemployment rate of almost 50 per cent discourages many workers from joining a union; (ii) according to the Confederation of Trade Unions of Bosnia and Herzegovina (KSBiH), multinational companies especially in the commerce sector strongly oppose trade unions and workers are threatened with dismissal if they join a union; and (iii) certain acts of anti-union discrimination and interference recently occurred in the tobacco sector. Recalling that the Government is under the obligation to ensure that all workers are effectively protected in practice against acts of anti union discrimination on the grounds of their trade union membership or activities, the Committee once again requests the Government to provide, in respect of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, the maximum practical information available on the application of Article 1, in particular the number of complaints of anti-union discrimination filed, the forms of anti-union discrimination complained of, the sanctions imposed and remedy measures taken, the length of court procedures, etc.

Article 2. Protection against acts of interference from employers’ and workers’ organizations into each other’s establishment, functioning or administration. In its previous comments, the Committee noted the Government’s indication that the sanctions for acts of interference in the Federation of Bosnia and Herzegovina were inadequate and that during the legislative process of amending the Labour Act it was being considered to supplement the punitive provisions with regard to fines. The Committee had requested the Government to inform it of any progress concerning the amendments of the Labour Act. The Committee notes from the Government’s report that: (i) section 10a of the Labour Act of the Federation of Bosnia and Herzegovina prohibits mutual interference of employers’ and workers’ organizations in the establishment, operation or management of their organizations, including advocating or assisting a union in order to control it; and (ii) the draft of the new Labour Act prescribes fines in the case that employers disable the access of union representatives to the company premises or fail to comply with the collective agreement. Recalling that the Government is under the obligation to take specific action in particular through legislative means, coupled with effective and sufficiently dissuasive sanctions, to ensure respect for the guarantees laid down in Article 2, the Committee expresses the firm hope that the new Labour Act of the Federation of Bosnia and Herzegovina will also prescribe sufficiently dissuasive sanctions for the acts of interference on the part of employers or employers’ organizations prohibited under section 10a of the Labour Act. The Committee requests the Government to supply a copy of the Labour Act once adopted.

Article 4 of the Convention. Promotion of collective bargaining at the level of the Republic as a whole. In several of its previous comments, the Committee requested the Government to indicate any measures taken or contemplated in order to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers’ and workers’ organizations, including at the level of the Republic as a whole. The Committee notes from the Government’s report that in the Brčko District, action has been taken to promote the development and use of procedures for voluntary negotiation between employers’ and workers’ organizations, and working groups are determined to lead the process of implementing the Convention through the laws of the Brčko District. The Committee also notes the Government’s indication that, in the Federation of Bosnia and Herzegovina, in addition to the general collective agreement, there are 24 collective agreements in various business sectors including collective agreements in certain public companies. The Committee requests the Government to provide information in its next report concerning developments in respect of the announced legislative action in the Brčko District to promote collective bargaining in the spirit of the Convention. It requests the Government to provide statistics on the number and coverage of collective agreements that have been concluded in Republika Srpska and in the Brčko District.

Promotion of collective bargaining in Republika Srpska. In its previous comments, the Committee observed that section 131 of the Labour Act of the Republika Srpska provides that if a collective agreement is negotiated at the level of the whole Republika, the Government will be a party to it along with the trade union and the employers’ association. It had noted the Government’s indication that it plans to pass a new Labour Act which does not envisage the participation of the Government in the signing of industry-wide collective agreements and expressed the hope that the necessary amendments will be made to sections 131 and 132. The Committee notes from the Government’s report that the Government of the Republika Srpska is involved in the process of collective bargaining and conclusion of sectoral collective agreements as one of the parties, only where the Government is employer (areas: public administration and judiciary, internal affairs, public health and social protection, and public education and culture). The Committee also notes the Government’s indication that, according to sections 161 and 162 (formerly sections 131 and 132), participants in the collective agreement at the group or industry levels may decide, if deemed necessary for achieving common goals for economic and social policy, that the collective agreement involves also the Ministry of Labour. The Committee notes that the Government emphasizes that: (i) in these cases provided for by law the Government of the Republika Srpska does not conclude a collective agreement as a party but is involved in collective bargaining as a neutral party that exclusively provides mediation services; and (ii) in the reporting period, there were no requests for the inclusion of Government representatives in the collective bargaining process; and (iii) the Government of the Republika Srpska will nonetheless take into account the Committee’s comments when drafting the new Labour Act. The Committee takes note of this information and requests the Government to provide information on the practical application of sections 161 and 162 of the Labour Act of the Republika Srpska. The Committee hopes that the new Labour Act will underline the bipartite nature of collective bargaining and ensure that the mediation of the labour authorities of the Republika Srpska will only be possible at the request of the parties. It requests the Government to supply a copy of the new Labour Act once adopted.