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

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

Article 1 of the Convention. Legislation. The Committee recalls that the Government is in 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. It also recalls 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 (FBiH) does not fully reflect the principle established in the Convention. The Committee notes the Government’s indication that the Draft Labour Law of the Federation of Bosnia and Herzegovina is still in legal proceedings, and that the Government will consider the comments of the Committee relating to the definition of the term “work of equal value” and the term “fees” to bring them into line with the spirit of the Convention as much as possible. The Committee asks the Government to ensure that the definition of “work of equal value” in the 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 also 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). Please also provide information on the status of the adoption of the amendments to the Labour Law of the Federation of Bosnia and Herzegovina, and provide a copy once they are adopted.

The Committee also recalls that in the legislation in the Brcko District, “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. It notes the Government’s indication that section 4 of the Labour Law of Brcko District prohibits any kind of discrimination including on the basis of sex, and there are no differences in awarding wages on the basis of gender. It also notes the Government’s indication that according to section 90(3) of the Labour Law of the Republika Srpska, “work of equal value” refers to work that requires the same level of education, the same ability to work, responsibility and physical or intellectual work, and that section 5 of the Labour Law of the Republika Srpska prohibits discrimination based on gender in the realization of labour rights. The Committee considers that only a prohibition of discrimination based on gender, while important, is not sufficient to give effect to the Convention, as this does not capture the concept of “work of equal value”. The Committee therefore asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value in the legislation of the Brcko District and the Republika Srpska, and to provide information on the steps taken in this regard. Please also provide a copy of the laws of the Brcko District and the Republika Srpska addressing equal remuneration.

Article 2(2)(b) and (c). Machinery for wage determination and collective agreements. The Committee notes the Government’s indication that in collective agreements pay is linked to the job and its complexity, and a worker who belongs to a particular group of complexity has the same benefits regardless of sex. It also notes the Government’s indication that collective agreements often provide the possibility for the employment rules to further regulate the degree of complexity in more detail, but not by making them less favourable than the criteria stipulated in collective agreements, and that there are no records kept of employment rules and so this information is not available to the Government. The Committee asks the Government to take steps, in collaboration with the employers’ and workers’ organizations to harmonize collective agreements with section 8 of the Law on Gender Equality, and to encourage the incorporation of the principle of the Convention into collective agreements. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in the collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Government of the Federation of Bosnia and Herzegovina has not taken specific action to promote the use of objective methods for assessing work in the public and private sectors. Recalling that in order to eliminate disparities in the remuneration levels of men and women, it is important to determine the relative value of jobs through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee encourages the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in the public and private sectors.

Parts III–V of the report form. The Committee notes the Government’s indication that the Agency for Gender Equality of Bosnia and Herzegovina and the Gender Centre of the Federation of Bosnia and Herzegovina can supply the publication “Gender Gap in BiH income”, as well as information on the national workshop on gender statistics, including workshops on gender-based difference in the level of wages. It also notes the statistical information provided by the Government, including the semi-annual communications of the Statistical Office of the Republika Srpska related to employment in the Republika Srpska in 2010, and the Government’s indication that due to the limited human and technical capacities of the Statistical Office of the Republika Srpska, the Government is unable to keep up-to-date statistics related to earnings according to industry and sectors and disaggregated by sex. It also notes the Government’s indication that the courts have not made any decisions relating to non-compliance of the Convention. The Committee asks the Government to continue to provide 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, as well as information on the publication and the activities of the Agency for Gender Equality of Bosnia and Herzegovina and of the Gender Centre of the Federation of Bosnia and Herzegovina.