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

Collective Bargaining Convention, 1981 (No. 154) - Bosnia and Herzegovina (Ratification: 2014)

The Committee takes note of the Government’s first report, of the observations from the Association of Employers of the Federation of Bosnia and Herzegovina (AEFBiH) provided in the Government’s report and of the Government’s comments thereon, which are examined under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

Article 1 of the Convention. Collective bargaining in the public sector at the level of the Republic. The Committee notes the Government’s indication that in 2013, the Council of Ministers adopted a decision on the establishment of an intersectoral working group (composed of representatives of employers, the Independent Trade Union of Civil Servants and Police Officers, the employees at Bosnia and Herzegovina institutions, judicial authorities and public institutions) to draft the Collective Agreement on Employees in the Institutions of Bosnia and Herzegovina in 2013. The Committee requests the Government to provide information on any progress made in this regard and on the number of collective agreements concluded in the public sector at the level of the Republic, as well as the number of workers covered. The Committee further requests the Government to indicate the legal provisions granting civil servants at the level of Bosnia and Herzegovina the right to collective bargaining and to provide a copy of the Act on Work in Institutions of Bosnia and Herzegovina, 2004.

Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. The Committee further notes the Government’s indication that the Federation of Bosnia and Herzegovina Labour Act (FBiH Labour Act) does not make a distinction in respect of any branch of economic activity, and that it is also applicable to the public sector: under section 138(3) of the FBiH Labour Act, sectoral collective agreements for employees at the civil service bodies, judicial authorities, public institutions and other budget beneficiaries are concluded by the relevant ministries, the FBiH Government or cantonal governments, on the one hand, and representative trade unions of civil servants and employees, public institutions and other budgetary beneficiaries, on the other hand. In this regard, the Committee notes that a sectoral collective agreement concerning employees of administrative bodies and judicial authorities is currently in force. The Committee also notes the Government’s statement that under the Republika Srpska Labour Act (RS Labour Act), collective bargaining and conclusion of collective agreements can be done freely in all branches of economic activity, and that there are no obstacles to collective bargaining in the field of public services or the police. The Committee requests the Government to provide statistics on the number of collective agreements concluded in the public sector, in the Federation of Bosnia and Herzegovina, in the Republika Srpska and in the Brčko District, and on the institutions in which they apply and the number of workers covered.

Application of the Convention in practice. The Committee notes the Government’s indication that under section 182 of the new FBiH Labour Act, all collective agreements must be amended to comply with the Labour Act within 120 days from its entry into force, otherwise they cease to apply. In so far as section 182 of the FBiH Labour Act aims at ensuring that the content of collective agreements respects the minimum level of protection envisaged in the legislation, this provision is not contrary to the Convention. The Committee requests the Government to indicate whether any collective agreements have been affected by the application of section 181 and, if so, whether the provisions that are not contrary to the new Labour Act, continue to apply until the conclusion of a new collective agreement.

The Committee further notes with interest the Government’s indication that 21 sectoral collective agreements are currently in force in the Federation of Bosnia and Herzegovina in the following sectors: trade, hospitality and tourism; chemistry and non-metals; administrative bodies and judicial authorities; finance; construction, industry of building materials and design; oil and petrochemical economy; forestry, wood processing and paper production; primary education; secondary education; agriculture, food, tobacco and water management; metal production and processing; telecommunications; postal services; mining; health; utility sector; electric power industry; railways; transport; textile, leather processing and rubber; and graphic, publishing and media activities. The Committee requests the Government to continue to provide information on the number of collective agreements concluded in the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, the sectors to which they apply and the number of workers covered.

Brčko District. Noting the Government’s indication that the competent institutions of the Government of the Brčko District have not submitted their report on the application of the Convention, the Committee expects to receive information in this respect in the Government’s next report.