Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age Convention, 1973 (No. 138) - Bosnia and Herzegovina (Ratification: 1993)

Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina (FBiH). In its previous comments, the Committee noted that pursuant to section 57 of the Labour Law of the FBiH No. 26/16 of 2016, underage persons may not be assigned to any physically demanding work, underground or underwater work, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. The Committee further noted that a by-law that shall define the types of work referred to in section 57 of the Labour Law had not been adopted. The Committee notes with regret that according to the information provided by the Government in its report, such a by-law has not been adopted yet. Observing that it has been raising this issue since 2005, the Committee once again urges the Government to take the necessary measures to ensure, pursuant to section 57 of the Labour Law of the FBiH, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

2. Brčko District. The Committee previously noted that section 41 of the Labour Law of the Brčko District No. 19/06 of 2006 provides that underage persons may not be assigned to any dangerous or demanding work, underground or underwater work, or any other work likely to pose a hazard or jeopardize their life, health, physical development or morale, and that these types of work shall be regulated under collective agreements. The Committee requested the Government to provide information on the progress made in adopting the list of types of work prohibited to children and young persons under 18 years of age, as well as on the types of work prescribed by collective agreements.

The Committee notes with regret an absence of information in the Government’s report in this respect. The Committee further notes that pursuant to section 75(1) of the new Labour Law of the Brčko District No. 34/19 of 2019, employees under the age of 18 may not be assigned to any physically demanding work, underground or underwater work, work carried out at a height, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. Observing that it has been raising this issue since 2005, the Committee urges the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

The Committee reminds the Government that it may avail itself of ILO technical assistance in order to facilitate the application of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]