Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Bosnia and Herzegovina (Ratification: 1993)

Part IV. Unemployment benefit. Article 21, in conjunction with Article 76 of the Convention. Persons protected. Federation of Bosnia and Herzegovina (FBiH). The report states that, in 2012, a total of 373,372 persons were registered in the register of unemployed persons and that the right to unemployment benefit was realized by 9,696 persons. The Government is requested to provide in its next report all the information required by the report form under Article 76 of the Convention in respect of insurance coverage against unemployment.

Article 21, in conjunction with Article 6. Protection against unemployment by means of voluntary insurance. Republika Srpska and Brcko District. The Government states in its report that insurance against unemployment is voluntary in the Republika Srpska and the Brcko District, but is not used in practice. The Committee wishes to draw the Government’s attention to the fact that, whenever this Part of the Convention is given effect to by means of voluntary insurance, the Members are required to demonstrate that the conditions established by Article 6 of the Convention are fulfilled. The Committee therefore asks the Government to supply the information requested by the report form in respect of the two above entities of the State.

Article 24(3). Waiting period. FBiH. The Government is requested to indicate the waiting period before the payment of benefits and indicate the relevant legal provisions.

Part V. Old-age benefit. Article 29(2)(a). Reduced benefit after 15 years of contribution or employment. Section 30 of the Law on Pension and Disability Insurance provides that insured persons are entitled to receive an old-age pension upon turning 65 years of age and if they have at least 20 years of pension service. The Government’s report indicates however that no deduction in pension rights is made for the beneficiaries having up to 15 years of insurance period. Please indicate the legal provision guaranteeing payment of a reduced old-age pension after 15 years of contributions and provide calculations as to the level of such pension.

Part XI. Standards to be complied with by periodical payments. Article 65 or 66. In its previous comments, the Committee had pointed out that, in order to demonstrate compliance with the rates of benefits fixed by the Convention, the Government needs to indicate whether it makes recourse to Article 65 or 66, and then follow the methodology indicated by the report form under the selected Article.

The Committee once again hopes that the Government’s next report will contain the information required by the report form under Article 65 or 66 with respect to the rates of periodical payments in the case of sickness, old age, and death of the breadwinner. (With respect to employment injury and maternity benefits, reference is made to the Committee’s comments made in respect of Conventions Nos 121 and 183.)

Articles 65(10) and 66(8). Review of the rate of periodical payments. The Committee also hopes that the Government’s next report will contain the information required by the report form with respect to the manner in which the benefits were reviewed during the reporting period.

Article 72. Participation of representatives of the persons protected in the management of social security institutions. Please indicate whether the representatives of the persons protected participate in any form in the management of social security bodies in the different entities of the State.

Article 71. Financing of social security benefits. The Committee asks the Government to provide the information requested by the report form under Article 71 of the Convention establishing the share of insurance contributions borne by the employees protected in the total of the financial resources allocated to the protection of employees and their wives and children.

Application of the Convention in the Republika Srpska. The Committee notes that the Government’s report does not supply information on how the Convention is applied in the Republika Srpska and the Brcko District and hopes the next report will contain such information.