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

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

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 1 of the Convention. Collective bargaining in the public sector at the level of the Republic. In its previous comments, the Committee requested the Government to provide information on any progress made with regard to the elaboration of the collective bargaining agreement for employees in the Institutions of Bosnia and Herzegovina 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 requested the Government to indicate the legal provisions granting civil servants at the level of Bosnia and Herzegovina the right to collective bargaining. The Committee notes the Government’s indication that under sections 90 and 91 of the Act on Labour in the Institutions of Bosnia and Herzegovina, collective agreements can be concluded by one or more trade unions and one or more employers or employers’ associations and that the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina has initiated a collective bargaining procedure. The Government also informs that apart from this trade union, the Association of Trade Unions of the Police Authorities of Bosnia and Herzegovina and the Trade Union of the Employees of the Indirect Taxation Authority of Bosnia and Herzegovina also acquired the status of a collective bargaining agent in the registry of associations and foundations. The Committee further observes that despite having previously referred to an inter-sectoral working group established in 2013 to draft a collective bargaining agreement for workers in the Institutions of Bosnia and Herzegovina, the Government reports that no collective bargaining agreements have been concluded. In light of the above, the Committee requests the Government to indicate the outcome of the bargaining process initiated by the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina and to continue to provide information on any other collective agreement concluded in the public sector at the level of the Republic, as well as on the number and categories of persons covered by such agreements.

Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. The Committee previously requested 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. The Committee welcomes the detailed statistics provided by the Government on the number of sectoral collective agreements concluded since 2016 and the sectors to which they apply in the Federation of Bosnia and Herzegovina (wood and paper industry, officers in the administrative and judicial authorities, electric power industry, trade, postal traffic, rail workers, metal production and processing, telecommunications and textile, leather, rubber and footwear industry), as well as in the Republika Srpska (employees in the administrative authorities, internal affairs, public services, education and culture, healthcare, local self-government, judicial institutions, utilities and service sector and in the field of social protection – the above agreements cover all 47,725 employees in public administration and defence, compulsory social insurance and education).

The Committee further observes from the detailed information provided on the amendments of section 138 and 138(a) of the FBiH Labour Act that the applicable legislation regulates in detail the parties to collective bargaining at different levels and allows for tripartite bargaining, with the participation of the FBiH Government, cantonal or municipal entities, in several instances of collective bargaining at the sectoral and national levels. It recalls in this regard that collective bargaining should essentially be bipartite and that the participation of public authorities should be limited to issues which are broad in scope, such as the formulation of legislation and economic or social policy or the fixing of the minimum wage rate. The Committee requests the Government to take the necessary measures to ensure that, as a general rule, negotiations of collective bargaining agreements are conducted in a bipartite context, including at the national and sectoral levels, in order to ensure that the parties enjoy full autonomy in this respect. It requests the Government to continue to provide statistics on the number of collective agreements concluded in the public sector, the industries to which they refer and the number of workers covered.

Application of the Convention in practice. In its previous comment, having noted that under section 182 of the 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, the Committee requested the Government to indicate whether any collective agreements have been affected by the application of this section and, if so, whether the provisions of existing collective agreements that were not contrary to the new Labour Act, continued to apply until the conclusion of a new collective agreement. While noting that the Government provides information on the collective agreements currently in force in the public sector, the Committee observes that it does not clarify whether any agreements were abrogated as a result of section 182 of the FBiH Labour Act. The Committee requests the Government to provide information in this regard. The Committee also requests the Government to continue to provide information on the number of collective agreements concluded in the Federation of Bosnia and Herzegovina and the Republika Srpska, the sectors to which they apply and the number of workers covered.

Brčko District. The Committee notes the information provided by the Government on the legislative provisions (sections 96–98 of the Brčko District Labour Act (BD Labour Act)) regulating collective bargaining in the Brčko District and observes that, as indicated by the Government, no collective agreements have yet been signed but following the adoption of the new BD Labour Act, activities will be undertaken to adopt collective agreements. The Committee requests the Government to indicate what measures are being taken to promote collective bargaining in the Brčko District and to continue to provide information on the number of collective agreements signed and the number and categories of workers covered.