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

Labour Relations (Public Service) Convention, 1978 (No. 151) - Bosnia and Herzegovina (Ratification: 2015)

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

Article 4 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, having noted the general protection against anti-union discrimination provided in the legislation, the Committee requested the Government to indicate which protection mechanisms were contemplated, at the level of the Institutions of Bosnia and Herzegovina (BiH), as well as the Federation of Bosnia and Herzegovina and the Republika Srpska, in order to ensure adequate protection for all public employees covered by the Convention against anti-union dismissal, including, inter alia, the requirement to obtain prior authorization from an independent authority, as well as compensation and sufficiently dissuasive sanctions. The Committee notes that the Government reiterates the general measures of protection provided by section 3(3) of the Act on Labour in the Institutions of BiH, without specifying any further protection mechanisms or sanctions for acts of anti-union discrimination. Regarding the Federation of Bosnia and Herzegovina, the Government reiterates that the protection is granted by section 62 of the Collective Agreement for Officers in Administrative and Judicial Authorities, 2018 (prohibition of imposing a less favourable position on grounds of performance of trade union activity). The Government adds that: (i) under section 63 of the agreement, employment of a trade union representative may not be terminated during the performance of trade union activity without prior consent from the Ministry of Labour and Social Policy and the representative may not be put in a less favourable position in respect of the post prior to appointment as trade union representative; and (ii) under section 64, prior to adopting any decision on resolution of the employment of a civil servant or employee, the head of the civil service authority must obtain and review the opinion of the trade union or the trade union representative. As to Republika Srpska, the Government reiterates information provided previously that all relevant provisions of the Labour Act in the Repulika Srpska also apply to public service and adds that, in terms of special protection against dismissal of trade union representatives, section 191 provides that dismissal during office or six months after can only be taken with the approval of the trade union or workers’ council and, if such agreement is not given, the employer may request an arbitration (no arbitration proceedings have been brought to the Agency for Amicable Settlement of Labour Disputes on this issue since the adoption of the law in 2016). Taking due note of this information, the Committee requests the Government to provide further specifics as to the protection against anti-union discrimination guaranteed at the level of the Institutions of Bosnia and Herzegovina, and to indicate, with respect to all administrative divisions, the sanctions foreseen for breach of provisions prohibiting acts of anti-union discrimination against public employees.

Article 5. Independence from public authorities and adequate protection against acts of interference by a public authority. In its previous comment, the Committee noted that under section 43 of the Act on Associations and Federations in the Federation of Bosnia and Herzegovina, section 40 of the Act on Associations and Federations in the Republika Srpska and section 26 of the Act on Associations and Federations in the Brčko District, an association could be dissolved or its operation suspended for a number of reasons, which, under the Convention, could amount to interference by public authorities in their role as employers. The Committee requested the Government to ensure that public employees’ organizations could be suspended or dissolved only in cases of serious breaches of the Acts and following a normal judicial procedure. The Committee takes note of the information provided by the Government and refers to its comments on this issue under the Freedom of Association and the Right to Organize Convention, 1948 (No. 87).

Article 6. Facilities to be afforded to public employees’ organizations. Federation of Bosnia and Herzegovina. In its previous request, the Committee noted the provisions providing facilities to public employees’ organizations and observed that under section 59 of the Collective Agreement for Officials in Public Administration and Judicial Authorities in the Federation of Bosnia and Herzegovina, an agreement concluded between the head of the civil service institution and the trade union commissioner may regulate in more detail the conditions related to the performance of trade union duties. The Committee thus requested the Government to indicate whether in practice, in the Federation of Bosnia and Herzegovina, organizations of civil servants have entered into collective agreements defining the necessary conditions and facilities to be granted under Article 6 of the Convention. While taking due note of the information reiterated by the Government on the facilities offered to public employees’ organizations, the Committee requests the Government once again to indicate whether in practice, in the Federation of Bosnia and Herzegovina, organizations of civil servants have entered into agreements provided for under section 61 (previously section 59) of the Collective Agreement for the Officers in the Administrative and Judicial Authorities in the Federation of Bosnia and Herzegovina, 2018, so as to define the necessary conditions and facilities to be granted under Article 6 of the Convention.

Application of the Convention. Brčko District. In its previous comment, the Committee requested the Government to provide information concerning the application of the Convention in the Brčko District for each of the Articles of the Convention mentioned above. In the absence of any information in this regard, the Committee reiterates its request.