Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Bosnia and Herzegovina (Ratification: 1993)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 77(1) on equal pay of the new Labour Law of the Federation of Bosnia and Herzegovina (FBiH), which entered into force on 14 April 2016, refers to “equal salaries” and that according to section 75(2) “salary” consists of “the basic salary, part of the salary for work performance, and increased salary referred to in section 76 of this Law”. Section 76 provides for an increased salary entitlement for particularly difficult working conditions, overtime work, night work, and work on statutorily defined days of weekly rest and holidays, or any other non-working day so defined by collective agreement, Work Rulebook, or employment contract. Section 79(2) provides that “the salary” shall be paid in cash. Furthermore, the Committee notes that section 121(1) of the Labour Law of the Republika Srpska, which entered into force on 20 January 2016, defines “wages” as comprising “the portion of wages for the work performed and the time spent at work, increase of wages stipulated under the law, a general enactment or a labour contract, and other earnings on the grounds of the employment relationship pursuant to the Law, a general enactment or a labour contract.” Section 124(2) provides for wage increases due to difficult conditions of work, overtime work, night work and work during statutory non-working days or holidays. Pursuant to section 132, “other earnings” shall include per diems for business trips and compensation of the costs of transport, increased cost of accommodation, hot food and the utilization of personal or own car for official activities, severance pay, as well as other earnings stipulated under collective agreements or a labour contract. The Committee notes that from the abovementioned provisions, it remains unclear whether payments in kind would be covered by the principle of equal remuneration for men and women for work of equal value set out in the labour legislation of FBiH and the Republika Srpska. The Committee requests the Government to clarify whether the equal pay principle established in the Labour Law of FBiH and the Labour Law of the Republika Srpska covers payment of any additional emoluments paid in kind.

Article 2. Collective agreements. The Committee notes that under the new Labour Law of FBiH (sections 75(13) and 78(1)) and Labour Law No. 1 of 2016 of the Republika Srpska (sections 120, 121 and 132) collective agreements and rule books continue to have an important role in establishing (minimum) wages and additional emoluments. With respect to the Republika Srpska, the Committee notes that the Government indicates in general terms that collective agreements should comply with provisions of the Labour Law No. 1, including the equal pay principle, and that there is no collective agreement that favours one group over another as regards the determination of wages. Recalling that examining collective agreements from the perspective of equal remuneration for work of equal value can be a useful first step towards addressing the issue through the collective bargaining process, the Committee asks the Government to provide information on whether any such action has been taken or is envisaged, and to indicate the specific measures taken, in collaboration with the employers’ and workers’ organizations, to encourage the incorporation of the principle of the Convention into collective agreements, including any awareness-raising activities in this regard. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Article 3. Objective job evaluation. The Committee notes that the Government continues to reiterate that the method of determining rates of remuneration is left to the parties of collective bargaining, and that the criteria in collective agreements are objectively determined and linked to the workplace or the job complexity group regardless of sex. The Government however indicates that the social partners have not provided any information on steps taken towards the promotion of objective job evaluation methods. The Committee recalls that the concept of work of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe a specific job evaluation method, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. Whatever method is used, particular care must be taken to ensure that it is free from gender bias by making sure that the selection of factors for comparison and the weighting of such factors and the actual comparison are not discriminatory, either directly or indirectly. The Committee therefore wishes to point out the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see 2012 General Survey on the fundamental Conventions, paragraphs 695, 701 and 705). The Committee again asks for more information on any steps taken towards the development and promotion of objective job evaluation methods in the public and private sectors, with the cooperation of workers’ and employers’ organizations, including in the context of collective agreements.

Practical application. The Committee notes the comments by the Federation of Independent Trade Unions of Bosnia and Herzegovina (FITUB) included in the Government’s report, that it is constantly confronted with discrimination in respect of employment and occupation, including unequal remuneration for men and women, due to stereotypes and/or social and cultural patterns of behaviour that manifests in inadequate regulation. It also notes that the Union of Autonomous Trade Unions of Bosnia and Herzegovina of FBiH observed that no cases were received relating to discrimination concerning equal remuneration for men and women. The Government also indicates that no court decisions have been made relating to the principle of the Convention. The Committee asks the Government to provide further information on the measures taken by the Civil Service Agency, Agency for Gender Equality of the FBiH and the FBiH Gender Centre, including follow-up measures assessing the impact of the training on non-discrimination provided to government officials, police forces, and jurists, to raise awareness of and to promote the principle of the Convention. It also asks the Government to continue to provide information on any judicial or administrative decisions related to the principle of the Convention. The Committee also asks the Government to continue to provide up-to-date statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to identify and address persistent underlying causes of pay inequality, such as segregation of women into lower-paying jobs or occupations due to gender stereotypes, in cooperation with workers’ and employers’ organizations.