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

Home Work Convention, 1996 (No. 177) - Bosnia and Herzegovina (Ratification: 2010)

Articles 1 and 3 of the Convention. National policy on home work. The Committee notes the Government’s first report, which indicates that at present, homeworkers are not regulated as a special category of workers in the Federation of Bosnia and Herzegovina (BiH), but that a new labour law is in preparation that will contain specific provisions relating to homeworkers. The Committee also notes the Government’s statement that with respect to the Brcko District, the Convention is presently not implemented in laws and regulations, but draft amendments to the Labour Law are now being considered to regulate employment contracts concluded for performing tasks outside the premises of the employer. The Committee requests the Government to keep the Office informed of further developments regarding the finalization of draft legislation on homeworkers in the Federation and the Brcko District and to transmit any new text once it has been adopted. It also requests the Government to provide full particulars on the manner in which the Convention is applied both in law and in practice in the Republika Srpska.

Article 4(2)(e). Social security protection. The Committee notes that the Government’s report is silent on this point. The Committee accordingly requests the Government to indicate how equality of treatment is promoted, as far as possible, between homeworkers and other wage earners in relation to social security protection. It also requests the Government to indicate how effect is given to Article 4 of the Convention in the Republika Srpska and the Brcko District.

Article 6. Statistics. The Committee notes that the Government’s report merely indicates that homeworkers are covered by the official statistics kept by area or sector without further elaboration. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on homeworking in all three entities.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that with respect to the BiH Federation, the function of the mediation in employment is performed by the Employment Service as public authorities without further elaboration while no information is provided with respect to the situation in either the Republika Srpska or the Brcko District. The Committee accordingly requests the Government to provide additional explanations as to whether mediation is permitted for the purpose of finding jobs in homeworking, and if so, how it is regulated, in all three entities.

Article 9. Enforcement measures. The Committee notes the Government’s indication that with respect to the BiH Federation, home work is covered by the general labour legislation and therefore is subject to labour inspection while no information is provided with respect to the situation in either the Republika Srpska or the Brcko District. The Committee accordingly requests the Government to provide in future reports more detailed information on inspection visits, infringements observed and sanctions imposed with special reference to all three entities.