Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bosnia and Herzegovina (Ratification: 2006)

Articles 2 and 5. Effective tripartite consultations required by the Convention. The Committee recalls that each of the entities constituting Bosnia and Herzegovina (BiH) is autonomous with regard to employment and labour issues. It welcomes the detailed information provided in the Government’s report concerning the application of the Convention in the three entities established by the Dayton Agreement: the Federation of Bosnia and Herzegovina (FBiH), the Republic of Srpska (RS) and the Brčko District (BD). In response to the Committee’s previous comments, the Government of FBiH indicates that, as a result of its Decision on the Termination of the Collective Agreement for the Territory of the Federation of BiH adopted by the Association of Employers of the Federation of BiH, the General Collective Agreement for the Territory of the Federation of Bosnia and Herzegovina was replaced by the new Law on Amendments to the Labour Law which entered into force in 2018 and contains provisions relating to freedom of association. The Committee notes the Government’s indication that the Convention has been incorporated into the labour legislation of the FBiH. The Government also indicates that there were no changes during the reporting period with regard to the organisation and work of the tripartite Economic and Social Council, and that the Government of the FBiH consults with the social partners with regard to the matters covered by the Convention. With regard to the BD, the Committee notes that sections 5, 6, 7 and 8 of the Labour Law pertain to freedom of association. With regard to the RS, the Committee notes that, during the reporting period, the social partners were consulted and participated in the formulation of the response to the ILO questionnaire on the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted at the 106th Session of the International Labour Conference. The social partners were also consulted with respect to the procedure for the abrogation of the Inspection of Emigrants Convention, 1926 (No. 21), the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), the Hours of Work (Fishing) Recommendation, 1920 (No. 7), the Migration for Employment Recommendation, 1939 (No. 61) and the Safety Provisions (Building) Convention, 1937 (No. 62). The social partners of the RS were also consulted with regard to the procedure for withdrawal from the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), the Workmen's Compensation (Accidents) Convention, 1925 (No. 17) and the Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18). The Committee notes that no information has been provided on the frequency of tripartite consultations in any of the entities. The Committee requests the Government to provide information in the impact of the Law on Amendments to the Labour Law on tripartite consultations in the Federation of Bosnia and Herzegovina, the Republic of Srpska (RS) and the Brčko District. The Committee further requests that the Government provide updated detailed information on the content, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including with regard to submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and reports on ratified Conventions (Article 5(1)(d)).