Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 1, 2 and 3 of the Convention. National policy on home work. With reference to its previous comment concerning the adoption of a national policy on home work, the Committee notes the Government’s indication that due to the extremely small number of household helpers, there has been no specific activity to develop a national policy on home work in Bosnia and Herzegovina. It also notes the Government’s indication that it intends to develop such a policy in the near future with the participation of representatives of trade unions and employers. The Committee wishes to draw the Government’s attention to Article 1 of the Convention, which provides that home work means work carried out by a person in his or her home or in other premises of his or her choice, other than the workplace of the employer, for remuneration, which results in a product or service as specified by the employer. Furthermore, according to Article 2, the Convention applies to all persons carrying out home work within the meaning of Article 1 and is therefore not limited to household helpers. The Committee would appreciate receiving up to date information regarding the status of draft legislation on homeworkers in the Federation of Bosnia and Herzegovina (BiH) as well as the Brcko District and the Republika Srpska and requests the Government to keep it informed in this regard.

Article 4(2)(e). Social security protection. With reference to its previous comment regarding social security protection, the Committee notes the Government’s indication that the social protection system of the BiH Federation makes no difference between workers on the basis of the workplace. It further notes that in the Republika Srpska homeworkers enjoy the same social security rights as other workers. According to Article 4 of the Convention, the national policy on home work should promote, as far as possible, equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise. The Committee notes, however, that the Government’s report is silent on this point regarding the Brcko District. It therefore once again requests the Government to indicate how effect is given to Article 4 of the Convention in the Brcko District.

Article 8. Use of intermediaries. With reference to its previous comment concerning the use of intermediaries, the Committee notes the Government’s indication that in the BiH Federation, Employment Agencies generally serve as employment mediator, without going into specific elements of the contract (such as the workplace), because it is considered as the subject of an agreement between the employer and the employee. It further notes the Government’s indication that the use of intermediaries in home work is not permitted in the Republika Srpska. According to Article 8 of the Convention, the respective responsibilities of employers and intermediaries should be determined by laws and regulations or by court decisions, in accordance with national practice, where the use of intermediaries in home work is permitted. It notes, however, that the Government’s report is silent on this point with respect to the Brcko District. It therefore once again requests the Government to provide further information on whether the use of intermediaries in home work is permitted for the purpose of finding jobs in homeworking in the Brcko District, and if so, how it is regulated.

Article 9. Enforcement measures. The Committee notes the Government’s indication that homeworkers have similar rights as other workers regarding the possibility of protecting their rights by going to the Labour Inspectorate. According to Article 9 of the Convention, a system of inspection consistent with national law and practice should ensure compliance with the laws and regulations applicable to home work. Furthermore, adequate remedies, including penalties where appropriate, in case of violation of these laws and regulations should be provided for and effectively applied. The Committee would appreciate receiving detailed information on inspection visits, infringements observed and sanctions imposed with special reference to all three entities.