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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bosnia and Herzegovina (Ratification: 1993)

Article 2 of the Convention. Right to organize. Federation of Bosnia and Herzegovina. In its previous comments, the Committee had requested the Government to take all the necessary steps to amend sections 98 and 108(2) of the Labour Law, which privilege work councils relative to trade unions and place the latter in a secondary and subsidiary position vis-à-vis works councils, thus involving the risk of weakening the institutional position of trade unions. The Committee once again notes the Government’s indication that the draft Act on Amendments to the Labour Law of the Federation of Bosnia and Herzegovina is still in the legislative process, and that the Government will bear in mind the Committee’s comments in relation to section 98 of the Labour Law and be mindful not to make the position of trade unions subordinate in relation to councils of employees. In this respect, the Committee expects that, in the process of review of the Labour Law, its comments with respect to sections 98 and 108(2) will be fully taken into account, and requests the Government to transmit a copy of the text once adopted.

Republika Srpska. In its previous comments, the Committee, noting that section 2(2) of the regulation on the registration of trade union organizations identifies a single central organization – the Union of Trade Unions – as the broadest form of trade union organization in the Republika Srpska and makes no provision concerning the registration of additional organizations at that level, had requested the Government to amend this provision so as to ensure trade union diversity. The Committee notes with interest that the Government indicates that: (i) section 2(2) of the “Book of Rules on the registration of trade union organizations in the register”, which was adopted in 2006 and amended in 2012, provides that associations of trade unions organized at the level of the Republika Srpska are also considered trade union organizations as the broadest form of unionization in the Republika; and (ii) the Confederation of Trade Unions of the Republika Srpska, active since 2005 as the second union operating at the level of the Republika, has more than 30,000 employees and two active branch unions (Miners’ and Metalworkers’ Union and Union of United Workers in Energy). The Committee requests the Government to supply a copy of the above Rules as amended in 2012 and to provide further information concerning the relevant provisions ensuring trade union diversity.

Article 3. Right of employers’ and workers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. Federation of Bosnia and Herzegovina. In its previous comments, the Committee had noted that the law on civil service in the Federation of Bosnia and Herzegovina did not govern strikes, that the Government indicated that separate laws governing the issue would be prepared and that the collective agreement for employees of administrative bodies and judicial authorities in the Federation of Bosnia and Herzegovina contains provisions on the matter. The Committee notes with interest that, in response to its previous request, the Government quotes in its report the relevant provisions of the abovementioned collective agreement. The Committee trusts that the Government will continue to provide information if and when legislative provisions are adopted in this respect.

Republika Srpska. In its previous comments, the Committee had noted that the regulation on the registration of trade union organizations would be amended in line with the Committee’s comments so as to allow for trade union representatives not permanently employed by the employer. The Committee notes that the Government refers, in its report, to the 2012 Regulation on Amending the Regulation on the Registration of Trade Unions. The Committee will proceed with the examination of the relevant provisions as soon as the translation is available.

Furthermore, the Committee previously noted that the 2008 Act on Strikes of the Republika Srpska authorizes the employer, after having requested the views of the trade union, to determine the extent and the modalities of the minimum service taking into account the nature of the activity, the risk for the life and health of persons, and other important circumstances affecting the needs of citizens, enterprises, etc. (section 12(2) and (3)). The Committee notes that the Government indicates that: (i) the new law provides for the participation of trade unions in the process of determining the minimum service in a limited number of activities; and (ii) dispute resolution is provided for in section 14 of the Act on Strikes and in the 2009 Act on the Peaceful Settlement of Labour Disputes. The Committee observes that, while section 12(4) provides that the strike committee and the employer jointly assign to their posts the workers who have to work during the strike to ensure the minimum service, the extent and the modalities of the minimum services are determined prior to that stage by the employer who only has to request the union’s views. The Committee recalls that: (i) organizations of workers should be able, if they so wish, to participate along with the employers and the public authorities in defining the minimum service; (ii) in case of disagreement among the interested parties, the minimum service should be defined by a joint or independent body; and (iii) the minimum service must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear (see General Survey on the fundamental Conventions, 2012, paragraphs 137–139). The Committee requests the Government to provide information on the steps taken or envisaged to amend section 12 of the Act on Strikes so as to ensure respect of the above principles. It also requests the Government to supply further information concerning the provisions of the 2009 Act on the Peaceful Settlement of Labour Disputes and a copy of the text.

Application of the Convention. Brcko District. In the absence of information provided by the Government, the Committee requests the Government to supply a copy of the Law on Associations and Foundations of the Brcko District, and to provide detailed information concerning the specific legislative provisions giving effect to each Article of the Convention.

Finally, as regards the comments submitted by the International Trade Union Confederation on 30 August 2013, the Committee requests the Government to provide its observations on the issues concerning the right of organizations to freely organize their activities and formulate their programmes.