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

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

The Committee notes the adoption in April 2016 of the Labour Act of the Federation of Bosnia and Herzegovina (FBiH Labour Act) and its amendment in November 2018, as well as the adoption of the 2016 Labour Act of the Republika Srpska (the RS Labour Act). The Committee notes that a new labour law is in the process of being adopted in the Brčko District.

Article 1 of the Convention. Adequate protection of workers’ representatives against acts of anti-union discrimination. The Committee refers to its 2016 comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in which it noted the Government’s indication that the FBiH Labour Act, the RS Labour Act and the Labour Act of the Brčko District of Bosnia and Herzegovina (BD Labour Act) provided for a comprehensive prohibition against anti-union discrimination and observed the detailed information provided by the Government on the relevant provisions applicable in this regard. The Committee further notes the Government’s indication with regard to the Republika Srpska that, since the adoption of the RS Labour Act, no arbitration proceedings have been brought to the Agency for Amicable Settlement of Labour Disputes on the issue of termination of employment of a workers’ representative (under section 191 of the RS Labour Act, a workers’ representative may be dismissed during his office or six months after only with the approval of the trade union or workers’ council and if such agreement is not given, the employer may request arbitration). It also notes, concerning the Federation of Bosnia and Herzegovina that, since 2016, the Ministry of Labour and Social Policy received 17 requests to give consent to the dismissal of trade union representatives, out of which eight were granted and three of them referred to dismissal with an offer to modify the worker’s employment contract.

Article 2. Facilities granted to workers’ representatives. Federation of Bosnia and Herzegovina and Republika Srpska. The Committee welcomes the Government’s indication on the facilities provided to workers’ representatives in the Federation of Bosnia and Herzegovina and the Republika Srpska. The Committee further notes that section 215(7) of the RS Labour Act allows external trade union representatives (not employed by the employer) to have free access to the concerned trade unions but that such activities and visits are subjected to prior announcement to the employer. The Committee requests the Government to provide information on the application in practice of this provision, in particular to indicate whether there have been cases in which the employer refused external trade union representatives not employed by the employer to have access to the concerned trade unions.

Brčko District. The Committee previously requested the Government to provide information on the legislative or other provisions which give effect to Article 2 of the Convention in the Brčko District. The Committee notes the Government’s statement that the BD Labour Act does not foresee any benefits which would facilitate the performance of duties of workers’ representatives. The Committee trusts that the new labour law which is in the process of being adopted will contain explicit provisions granting facilities to workers’ representatives and requests the Government to provide a copy of this legislation once adopted.

Articles 3, 4 and 5. Relations between trade union representatives and elected representatives. In its previous comments, 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 Brčko District and on the content of the specific provisions governing relations between trade union representatives and elected representatives in the Brčko 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. The Government indicates with respect to Articles 3, 4 and 5 that the basic provisions of the BD Labour Act do not define the term workers’ representative and do not set forth the types of workers’ representatives who are entitled to the protection and benefits. The Committee observes, however, that under sections 83 and 93 of the BD Labour Act, workers may constitute a workers’ council, which is a form of workers’ representation and points to its comments made in this regard under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it requested the Government to clarify the relationship between workers’ councils and trade unions. The Committee further notes that in Republika Srpska, collective agreements often provide additional benefits for workers’ representatives and observes from the information provided under Convention No. 87 that workers’ councils are subordinate to trade unions. In light of the above, the Committee requests the Government once again to clarify the relationship between trade unions and workers’ councils, or any other form of elected representatives, in the Brčko District.