Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Private Employment Agencies Convention, 1997 (No. 181) - Bosnia and Herzegovina (Ratification: 2010)

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It notes that issues related to the activities of private employment agencies were included in the report for the Federation of Bosnia and Herzegovina and for the Republika Srpska. It further notes that there are 24 private employment agencies registered in the Federation of Bosnia and Herzegovina in accordance with the regulation on private agencies for mediation in employment. The Committee invites the Government to indicate in its next report how the Convention is applied in the Brcko District. It also invites the Government to include extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Committee invites the Government to indicate whether there are special services or targeted programmes designed to assist the most disadvantaged jobseekers.

Article 8. Migrant workers. The Government indicates that migrant workers enjoy the same protection regardless of how they were employed in the territory of the country, either through private employment agencies or otherwise. The Committee invites the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in Bosnia and Herzegovina by private employment agencies (Article 8(1)) of the Convention. Please also provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. With respect to Article 8(2), please provide further information on the implementation of bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Articles 11 and 12. Allocation of responsibilities with regard to the protection of workers. The Committee invites the Government to clarify in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 for each entity of the country.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes that, in the Federation of Bosnia and Herzegovina, section 23 of the regulation on private agencies for mediation in employment provides that the private agency shall submit information on the mediation of unemployed persons, within five days of employment of individuals for whom it mediated, to cantonal employment services to remove the person from the records of unemployed persons. According to section 24 of the regulation, private agencies will establish cooperation with the employment services in the areas of mutual exchange of information and mutual projects and activities. The Government indicates that the cooperation of private agencies, the Federal Employment Agency, and Employment Services will be further regulated by the Protocol of Cooperation. Furthermore, in the Republika Srpska, section 15 of the Law on Mediation provides that the public employment service and private agencies for mediation may cooperate in the interest of unemployed persons and employers, to conduct mediation activities to recruit and implement programmes and active policy measures. The Committee invites the Government to include further information in its next report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies, and please also specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. The Committee invites the Government to provide information on the adequate remedies, including penalties where appropriate, that are provided for, and effectively applied, in case of violations of this Convention.