Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee recalls the Government’s 2013 indications concerning its intent to develop a policy on home work in the near future, in consultation with the social partners. The Government reports that section 26 of the new FBiH Labour Law, which entered into force in 2016, and section 15(a) of the Act amending the Labour Law of the Brčko District (No. 20/13), regulate employment contracts concluded for tasks performed outside the workplace of the employer. With regard to the Republika Srpska, the Committee notes that, while its Labour Law regulates employment contracts for the purpose of performing household helper tasks, an extremely small number of employment contracts for homeworkers and household helpers are registered in the territory of the Republika Srpska (less than ten). The Government indicates that there is no tradition of employing this category of workers and often potential employers do not have the economic conditions to enable them to do so. Therefore, there have been no specific activities or consultations aimed at developing a policy on home work in the Republika Srpska. The Committee notes that, while the legislation of each of the three entities regulates work performed outside the workplace of the employer, homeworkers as such are not regulated. Recalling that Article 3 of the Convention requires ratifying States to adopt, implement and periodically review a national policy on home work, in consultation with the social partners and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers, the Committee requests the Government to provide information on measures taken and consultations held in relation to the development of a national policy on home work. The Committee requests that the Government provide updated information regarding the development of any draft legislation and policy on homeworkers.

Article 4(2). Equality of treatment. The Government indicates that section 4 of the Labour Law of the Brčko District prohibits discrimination against both jobseekers and workers. It adds that, since home work is not addressed in the legislation of the Brčko District, it cannot provide specific information on the issue of equality of treatment between homeworkers and other workers. Referring to its 2014 comments, the Committee requests the Government to provide information on the manner in which equality of treatment is ensured between homeworkers and other workers in the Brčko District in relation to the eight areas contemplated under Article 4(2), including in relation to social security protection (Article 4(2)(e)).

Article 8. Use of intermediaries. The Committee notes that the Government has not provided information on this point with respect to the Brčko District. The Committee therefore once again requests the Government to provide information on whether the use of intermediaries in home work is permitted in the Brčko District, and if so, the manner in which this practice, if it exists, is regulated.

Article 9. Enforcement measures. The Government indicates that homeworkers in the Republika Srpska are treated on an equal basis with other workers with regard to the protection of their rights through labour inspection or through court proceedings. Nevertheless, the Government reports that, given the very low number of homeworkers in the Republika Srpska, no special inspection activities have been carried out in relation to this category of workers. The Committee notes that the reports on the work of labour inspection in the FBiH did not contain information on inspections in relation to homeworkers. The Committee accordingly requests the Government to provide in future reports detailed information on inspection visits in relation to homeworkers, infringements observed and sanctions imposed with special reference to all three entities.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding the support provided by the FBiH Fund for Professional Rehabilitation and Employment of Persons with Disabilities for the employment of persons with disabilities, who perform work from home. It notes that, from 2011 until 2017, the Fund supported the employment of 2,732 persons with disabilities, of whom 694 started an independent home-based activity as their principal occupation, such as a handicraft businesses, or manufacture of products. The Committee requests the Government to provide information of a general nature concerning the application of the Convention in practice, including statistics on the number of workers covered by the Convention, broken down by gender and age and copies of official reports or research studies concerning the working conditions of homeworkers. In addition, the Committee invites the Government to continue to provide information on the nature and impact of the support provided from the FBiH Fund to promote the employment of persons with disabilities who are working from home in accordance with the relevant legislation.