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

Workers' Representatives Convention, 1971 (No. 135) - Bosnia and Herzegovina (Ratification: 1993)

Article 1 of the Convention. Protection of workers’ representatives. In its previous comments, the Committee requested the Government to clarify whether the Labour Law of Brcko District or any other legislation pertaining to Brcko District afforded protection against acts of anti-union discrimination, and if so to specify the relevant provisions. The Committee notes from the information provided by the Government that, according to section 78 of the Labour Law of Brcko District, an employer may terminate the employment contract of a union representative during his/her term of office and within three months after its expiration, only after having consulted the trade union; in case of violations, section 111 establishes a fine of 1,000 to 7,000 Bosnian Convertible Marka (BAM) (US$630 to $4,440). The Committee notes the practical information supplied by the Government concerning the number of requests for dismissal of union representatives approved or rejected by the Ministry and refers to its comments made in 2013 under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), requesting information on the application in practice.

Article 2. Facilities granted to workers’ representatives in the Federation of Bosnia and Herzegovina. In its previous comments, the Committee had noted the facilities provided in the Federation of Bosnia and Herzegovina under section 139 of the Labour Act (right to return to work after end of mandate); under sections 33 to 36 of the Works Council Act (time off from work, right to return to work after end of mandate, right to compensation of salary and premises, administrative and technical support for the performance of trade union representative functions); and sections 27 and 28 of the General Collective Agreement (access of trade union representatives not employed by the employer if trade union has members in the undertaking; conditions for work and activity of the trade union to be stipulated and ensured in the employer’s employment policy in compliance with the general and collective agreements in the specific industries). The Committee had requested the Government to provide a copy of the General Collective Agreement for the territory of the Federation of Bosnia and Herzegovina. The Committee notes that section 28 of the General Collective Agreement supplied by the Government additionally provides for check-off facilities.

Facilities granted to workers’ representatives in the Republika Srpska and Brcko District. In its previous comments, the Committee requested the Government to provide information on the legislative or other provisions which give effect to Article 2 of the Convention concerning facilities granted to workers’ representatives in the Republika Srpska. The Committee notes from the information transmitted by the Government that section 51 of the General Collective Agreement of Republika Srpska provides for paid time off for trade union representatives. It also notes that, in the Brcko District, facilities for elected representatives are governed by the Works Councils Act. The Committee asks the Government to provide information on the legislative or other provisions concerning facilities granted to trade union representatives in the Brcko District.

Articles 3, 4 and 5. Relations between trade union representatives and elected representatives. In its previous comments, the Committee noted that, according to the Government, the conditions for work of trade unions and the rights of labour or trade union representatives are regulated by sections 52 to 56 of the General Collective Agreement of the Republika Srpska as well as through individual industry-specific collective agreements. The Committee had requested the Government to provide information on the provisions which give effect to Articles 3, 4 and 5 of the Convention in the Brcko District. In the absence of any new information provided by the Government, the Committee asks the Government to provide information on the content of the specific provisions governing relations between trade union representatives and elected representatives in the Brcko District and in Republika Srpska, indicating whether they preserve the position and rights of trade union representatives when there are elected representatives in the enterprise.