Labour Inspection Convention, 1947 (No. 81) - Bosnia and Herzegovina (Ratification: 1993)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions No. 81 (labour inspection) and No. 129 (labour inspection in agriculture) together.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work, including in relation to migrant workers. The Committee notes that, in reply to its previous comment, the Government indicates that, in the Federation of Bosnia and Herzegovina (the Federation), the activity reports of the Federal Administration for Inspection Affairs (FAIA) for 2017 and for the month of May 2018 contained no data on registered instances of irregular migrant workers. Moreover, the Government indicates that, in the Republica Srpska, the Law on Employment of Foreigners and Stateless Persons prescribes special conditions and procedures for the employment of foreigners, including actions that labour inspectors should take when they encounter foreign workers in an irregular situation. It adds that a new law on the employment of foreigners is being developed in the Republica Srpska, which will define the rights and conditions of employment of foreign workers, including migrant workers. The Committee requests once again that the Government provide specific information on the procedures applied when labour inspectors detect migrant workers in an irregular situation, including whether they are obliged to report migrant workers without the required work or residence permit to the immigration authorities, the police or other bodies for further action.It also requests the Government to provide updated information on any legislative developments in the Republica Srpska with respect to the employment of foreign workers, including migrant workers.

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision and control over the labour inspection system by a central authority or the central authority of a federated unit, and cooperation between inspection services. In reply to the Committee’s previous comment, the Government indicates that the labour inspection services in the Republica Srpska are organized following a dual system, that is, labour inspectors are employed within local self-government units and in the Inspectorate at the level of the Government of the Republica Srpska. The Government further indicates that because the responsibilities between the Inspectorate and local self-government unit were not divided, the current practice leads to certain confusion and different approaches to the same or similar cases. The Government adds that the labour inspection services of the Republica Srpska cooperate with the inspection services of the Federation and Brčko District through joint actions. This cooperation is achieved, for example, with respect to inspections resulting from requests or complaints when there is a question regarding jurisdiction. In these cases, the requests are shared with the cantonal offices of labour inspection in the Federation or with the Brčko District. The Committee also notes the adoption of a new Law on Inspections of the Republica Srpska in 2020. As for the Federation, labour inspection is organized within the FAIA and the ten cantonal inspectorates. The Committee notes the Government’s indication that, according to the new Occupational Safety and Health (OSH) Law (No. 79/20) that came into force in November 2020 in the Federation, the federal inspector cooperates with the competent cantonal inspectors during inspections on issues that are of mutual interest and provides them professional assistance. The OSH law also indicates that for the purpose of uniform implementation of the law, the federal inspector may issue appropriate instructions to the cantonal inspectors. The Committee notes the Government’s indication that the issue of non-alignment of laws does not exist in practice given the fact that very few cantons have adopted cantonal labour laws, and all of those that have adopted legislation have aligned it with the law of the Federation. The Committee requests the Government to continue to provide information on the measures taken or envisaged to enhance coordination and coherence of the labour inspection systems between the two entities of Bosnia and Herzegovina and the Brčko District. Moreover, the Committee requests the Government to provide detailed information on the measures taken, in practice, to provide for enhanced cooperation and coordination between the FAIA and the cantonal inspection services in the Federation. Regarding the labour inspection system in the Republica Srpska, the Committee requests the Government to provide information on the structure and division of competencies between the self-government units and the Inspectorate provided in the new Law on Inspections and to indicate the measures taken in order to ensure coordination and cooperation between these two levels of government.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial system. The Committee notes that the fines provided for in the 2020 OSH Law of the Federation are higher than those provided in the previous OSH Law. The Committee notes, however, that no information was provided by the Government on the penalties imposed and fines collected during the reporting period. In the Republica Srpska, the Committee notes that powers, procedures and appropriate sanctions for the purpose of more efficiently addressing informal work are regulated through various legislative texts, such as the Law on Amendments to the Law on the System of Public Services, the Law on Amendments to the Law on Handicraft Entrepreneurial Activity, the Law on Amendments to the Law on Tax Procedure, and the Law on Inspections. The Committee notes that according to the report of the Inspectorate of the Republica Srpska for 2021, for misdemeanours, there are almost no cases where the court imposed a higher penalty than the minimum prescribed by law. According to the inspection report, this defeats the purpose of prescribing fines in a range of minimum and maximum amounts. The Committee also notes that according to the inspection report, in order to improve the work of the Inspectorate, it is necessary to consistently monitor the collection of fines imposed through misdemeanour orders and promptly take actions with the Tax Administration to collect unpaid fines. Finally, the Committee notes that the labour inspection report includes information on the enforcement activities conducted by the Inspectorate and by the self-government units and on the amount of fines collected for misdemeanours. The Committee requests the Government to provide information on the practical application of the penalties provided in the new OSH law in the Federation. The Committee also requests the Government to provide information on the enforcement activities undertaken in the Federation and in the Brčko District, including on the number of violations detected, the infringement reports issued, the cases reported to the courts, the penalties imposed, and the fines collected. The Committee also requests the Government to provide information on the measures adopted in the Republica Srpska in order to ensure that the penalties imposed by courts for cases referred to by labour inspectors are sufficiently dissuasive. It also requests the Government to continue to provide information on the penalties imposed for the effective enforcement of labour law violations conducted by the self-government units and the Inspectorate in the Republica Srpska.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations (including in relation to agricultural undertakings). The Committee notes that according to section 7(a) of the previous Law on Inspections in the Republica Srpska, the Committee for Inspection Affairs was in charge of coordinating the activities and processes with employers’ and workers’ organizations, local self-government units and government representatives on questions relating to the application of labour inspection legislation. The Committee notes that the Government does not indicate if this arrangement is foreseen in the new Law on Inspections of the Republica Srpska. Noting the absence of information on the matter, the Committee requests once again the Government to provide information and examples of arrangements made to further enhance collaboration between the labour inspection services and employers’ and workers’ organizations in the Federation, in particular with regard to agricultural enterprises. It also requests the Government to provide information on the mechanisms for collaboration between the labour inspection services and employers’ and workers’ organizations established in the new Law on Inspections of the Republica Srpska, including any arrangement concerning the agricultural sector.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the Labour Inspectorate of the Republica Srpska had no special training in the area of agriculture. In the Federation, the Committee notes that the Government refers to provisions of the Law on Inspections prescribing conditions of professional development, without providing specific information on training sessions actually held. With regard to the conditions of employment of labour inspectors, the Government indicates that, in the Republica Srpska, these are determined according to the Law on Civil Servants and the Law on Inspections, and that the salary of labour inspectors and monthly travel allowances are regulated in the same manner as for all other civil servants in the public administration. As for the Federation, the Government indicates that labour inspectors are civil servants who have an appropriate university degree with at least three years of work experience. They are selected via public competition and, after a satisfactory completion of the probationary period, they enter the position of inspector without limits on term in office. Their employment status is regulated by the Law on Civil Service. The Committee once again requests the Government to provide more detailed information on the training activities for labour inspectors (content, duration, frequency, and number of participants, etc.), including on subjects relating specifically to agriculture. It also requests that the Government provide information on the conditions of service of labour inspectors at all levels of government, more specifically on their remuneration, career prospects and employment tenure in comparison to those of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources available to the labour inspection services, including transportation facilities. In reply to the Committee’s previous comment, the Government indicates that in the Federation the composition of the labour inspectorate, within the FAIA, includes three employees for the area of labour protection, including one officer acting as head of the federal labour inspectorate, and another authorized to conduct activities in the area of complaints and legal protection. The Government notes that there are currently two employees covering occupational safety and health matters. The Government also indicates that the inspectorate of the Federation is currently performing its functions with fewer inspectors than the those foreseen in the organizational structure of the FAIA. The labour inspectors of the Federation have appropriately equipped and available offices, appropriate technical devices (computers, laptops, copying and scanning machines), as well as four official vehicles available to perform their duties. Travel and other expenses are reimbursed to labour inspectors. With respect to the Republica Srpska, labour inspectors may obtain travel allowances when the inspection is conducted in a territory which is administratively covered by another organizational unit. However, the Government indicates that this procedure is rarely used due to budgetary limitations. For the purpose of on-site inspections, labour inspectors often share vehicles with other inspectors. The Committee notes the Government’s indication that the number of vehicles is not adequate when considering the number of inspectors and the territory covered. The Government also indicates that, in the Republica Srpska, as of April 2021, all nine local self-government units had one filled position of labour inspector. The Government indicates that there were 33 labour inspectors in the Inspectorate as of December 2020 but notes that a large share of labour inspectors are close to retirement age. In this regard, the Government states that 18 labour inspectors are over the age of 60, a significant number of inspectors are aged between 50 to 60, and only two inspectors are younger than 40. With respect to the Brčko District, the Government indicates that the offices of labour inspectors are not adequately equipped in accordance with the needs of the service and that the number of vehicles for labour inspectors is not sufficient. The Government notes that the adoption of legislative texts is currently under way to provide for the reimbursement of expenses incurred by inspectors. The Committee requests that the Government continue to provide detailed information on the number of labour inspectors, at all levels of government, including the cantonal entities in the Federation, and on the material resources available to inspectors in both entities and the Brčko District.With respect to the Brčko District, the Committee requests the Government to provide further information on the reimbursement of expenses, including travel expenses, as well as measures taken to improve the offices and equipment available to labour inspectors.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Right of free entry of labour inspectors. The Committee notes that section 21 of the Law on Inspections of the Brčko Districts provides for the right of labour inspectors to enter freely workplaces and premises liable to inspection. The Committee takes note of this information which addresses its previous request.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Powers of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the powers of labour inspectors, including labour inspectors in the Central Bosnia Canton, are determined by the Law on Inspections of the Federation. When labour inspectors establish a violation of laws or regulations, they have the power and obligation to order various measures, including preventive measures, specific actions to be taken within a certain deadline, administrative actions, and fines. The Committee notes that according to the new OSH Law of the Federation, if labour inspectors determine that there is an imminent threat to a worker’s life or health, they may issue an order prohibiting work from being carried out at the workplace. The Committee also notes that the labour inspection report of the Republica Srpska of 2021 provides information on the number of administrative measures (including orders to the employers to eliminate identified deficiencies within a specified time limit), violation warrants, and misdemeanour orders issued by labour inspectors. The Committee requests the Government to provide data on preventive measures adopted by labour inspectors at all levels of government when they have reasonable cause to believe that defects in workplaces constitute a threat to the health or safety of workers (Article 13(1) of Convention No. 81 and Article 18(1) of Convention No. 129), and the results of such measures. The Committee also requests the Government to provide information on preventive measures with immediate executory force in the event of imminent danger to the health or safety of workers adopted by labour inspectors at all levels of government (Article 13(2) of Convention No. 81 and Article 18(2) of Convention No. 129), and the results of such measures.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint. Frequency and thoroughness of inspection visits. In reply to the Committee’s previous comment, the Government indicates that in the Federation, labour inspectors conducted a total of 93 inspections in 2017, of which 44 were regular inspections, one target inspection and 48 re-inspections. With respect to the Republica Srpska, labour inspectors conducted 3,852 inspections in 2021, of which 1,187 were conducted following a complaint. The Committee also notes that according to the report of the Inspectorate of the Republica Srpska for 2021, the fact that there is a very high percentage of inspections performed as a result of a complaint greatly complicates the planned approach to performing inspection controls. The Committee notes the absence of information on the number of labour inspection visits that were routine visits and those that were made in reaction to a complaint in the Brčko District. The Committee requests the Government to continue to provide updated statistical information on the number of labour inspection visits conducted in both entities and the Brčko District, by indicating whether they are routine inspections or visits conducted as a result of a complaint, including specific information concerning the agricultural sector. Noting the indication of the Government regarding the high number of reactive inspections conducted in the Republica Srpska, the Committee also requests the Government to provide information on the measures taken in order to ensure (i) that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions; and (ii) confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes the annual reports on the work of the labour inspectorate of the Republica Srpska up to the year 2021 in Serbian language, received with the Government reports. The Committee also notes that the last annual labour inspection report of the Federation received by the Office dates back to 2017. The Committee notes once again that no annual labour inspection report for the Brčko District has been received. The Committee requests that the Government pursue its efforts to ensure that labour inspection reports for the Federation and the Brčko District are published and communicated to the Office and that they contain information on all subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. It also requests the Government to continue to publish and communicate to the Office the labour inspection report for the Republica Srpska, and to ensure that this report contains statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); and statistics of industrial accidents and occupational diseases (Article 21 (f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work, including in relation to migrant workers. The Committee notes that the Government, in reply to its previous request concerning the activities undertaken in the informal economy and their outcome, refers to the statistical information provided in the annual labour inspection reports for 2012–14 of the Federation of Bosnia and Herzegovina (the Federation) and indicates that the activities of the labour inspectorate in the Republica Sprska have generated positive results, including a considerable increase in the number of workers registered with the social security scheme.

The Committee also notes that the Government, in reply to its previous request concerning the control of the employment of migrant workers, emphasizes that the labour inspection services in both the Federation and the Republica Sprska monitor the application of the legal provisions concerning the protection of all workers (including migrant workers), but that they are not responsible for the application of immigration laws. The Committee requests that the Government describe the applicable procedure where labour inspectors detect migrant workers in an irregular situation, including whether they are obliged to report migrant workers without the required work or residence permit to the immigration authorities, the police or other bodies for further action.

Noting that the role of labour inspectors is to ensure the enforcement of the rights of all workers, including migrant workers, the Committee requests that the Government provide information on cases in which workers found in an irregular situation concerning their employment status have been granted their entitlements for the period of their effective employment relationship (such as the payment of wages and social security benefits). The Committee also requests the Government to provide relevant information in relation to the Federation, the Republica Sprska and the Brčko District.

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision and control over the labour inspection system by a central authority or the central authority of a federated unit, and cooperation between inspection services. In its previous comment, the Committee noted that one of the main recommendations in the 2012 labour inspection needs assessment established by the ILO at the request of the Government (the 2012 audit) was to enhance coordination and coherence between the labour inspection systems in the Federation, the Republica Sprska and the Brčko District. In this regard, the Committee notes that the Government recalls the national particularities, that is, the constitutional division of the country with jurisdiction concerning labour and employment in the three territories. It further indicates that these particularities complicate harmonization, such as with regard to the establishment of a central authority for the whole country and the formulation of a common labour inspection policy. The Committee further notes from the Government’s indication that no specific efforts have been undertaken to harmonize the legislation in the three territories, but that when labour legislation is adopted in the Republica Sprska, the existing laws in the Federation and the Brčko District are taken into consideration. The Committee notes that the Government has not provided a reply in relation to the other specific recommendations concerning enhanced coordination and coherence between the labour inspection systems of the Federation, the Republica Sprska and the Brčko District. The Committee requests that the Government once again provide information on the measures taken or envisaged, in light of the recommendations in the 2012 audit, to enhance coordination and coherence of the labour inspection systems between the territories (including the establishment of a national coordination/supervision mechanism respecting the exclusive jurisdiction of the entities and cantons, and the improved identification of national priorities and the standardization of practices).

Concerning the labour inspection system in the Federation, the 2012 audit emphasized the need to provide for coordination within this system in view of the duality of responsibilities for labour inspection of the Federal Administration for Inspection Issues (FAII) and each of the ten cantonal inspectorates of the Federation, which leads to some overlapping competencies. In this regard, the Government indicates that the 2014 Law on Inspections in the Federation provides for relevant provisions on coordination, including the delineation of competences between the federal and canton level. While noting the provisions in the 2014 Law on Inspection concerning the delineation of competencies, the Committee requests that the Government provide information on the measures taken in practice to provide for enhanced cooperation and coordination between the FAII and the cantons in the Federation (including the harmonization of labour law legislation between the cantons and the formulation of a common labour inspection policy, etc.).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial system. In its previous comment, the Committee noted the detailed information in the 2012 audit concerning the reasons for the insufficiency of penalties for labour law violations and their ineffective enforcement in the Federation and the Republica Sprska.

Concerning the Federation, the Committee notes the Government’s reference to the penalties provided for in the 2014 Law on Inspections in the Federation and its indication that the draft labour law and the draft OSH law are still in the process of adoption. It also notes the Government’s reference to the statistical information concerning penalties in the annual labour inspection reports of the Federation. Concerning the Republica Srpska, the Committee notes the statistics provided by the Government, according to which, in 2014, 520 cases were considered by the judicial authorities, but that due to suspension or acquittal only 177 cases (that is, about one third) resulted in employers being punished in the first instance. The Committee also notes the Government’s indication that 837 infringement reports were issued by labour inspectors, but that the Law on Minor Offences still requires them to only pronounce the minimum penalty. Moreover, the Government indicates that employers may feel encouraged to appeal the infringement reports of labour inspectors, as the courts have never pronounced a penalty beyond the minimum one, but have often rendered suspensions or acquittals. Referring to the recommendations made in the 2012 audit, the Committee once again requests that the Government provide information on the measures taken to increase the effectiveness of penalties and remove any obstacles to the their effective enforcement. The Committee also requests that the Government provide detailed information on the enforcement activities undertaken in both entities and the Brčko District (including on the number of violations detected, the infringement reports issued, the cases reported to the courts, the penalties imposed, the fines collected, etc.) demonstrating the progress made in this regard.

The Committee also requests that the Government take measures to ensure that the legislation in the Federation is amended as soon as possible so as to provide for dissuasive fines (including through the adoption of the draft OSH law and the amendment to the Labour Law).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations (including in relation to agricultural undertakings). The Committee previously noted the recommendations of the 2012 audit to intensify collaboration and promote joint discussions between the social partners and the labour inspectorates, including in relation to agricultural undertakings, which according to the audit was weak in most cantons of the Federation. With regard to the Federation, the Government refers to the discussion of labour inspection issues in the tripartite Economic and Social Council, and the example of a joint workshop in Sarajevo in March 2015 and indicates that the labour inspectorate has achieved a certain degree of cooperation with employers’ and workers’ organizations (especially through the joint organization of seminars, conferences, workshops, round tables, etc.). With regard to the Republica Sprska, the Government indicates that the tripartite Economic and Social Council reviews the annual labour inspection report, which covers labour inspection in all sectors, including agriculture, but that no specific activities to promote collaboration between officials of the labour inspectorate and employers and workers in agriculture have been undertaken. The Committee requests that the Government provide information on the arrangements made to further enhance the collaboration between the labour inspection services and employers’ and workers’ organizations, in particular with regard to agricultural enterprises. Please provide concrete examples of any activities undertaken in this regard.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service and training of labour inspectors. In its previous comment, the Committee noted the findings in the 2012 audit, according to which the career prospects, incentives to improve performance and the training of labour inspectors were insufficient, especially in the cantons of the Federation. Moreover, the Committee noted from this audit that the training on subjects specific to agriculture had still not been provided in both entities, even though agriculture in the Republica Sprska represents one third of all economic activity in the country.

Concerning training of labour inspectors in the Federation, the Committee notes the Government’s reference to relevant statistical information in the annual labour inspection reports of the Federation (in Bosnian language), which the Committee is unable to locate. Concerning the Republica Sprska, the Committee notes the Government’s reference to a training programme for junior labour inspectors, and its indication that, due to scarce funds, no specific training on issues related to agriculture has been provided. The Committee requests that the Government include in its report details on the training activities for labour inspectors (content, duration, frequency, and number of participants, etc.) including on subjects relating specifically to agriculture, such as the handling of chemicals. It also requests that the Government provide information on the conditions of service of labour inspectors, including their remuneration and career prospects, and measures taken to improve them, as recommended in the 2012 audit.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources available to the labour inspection services, including transportation facilities available to the labour inspection services. In its previous comment, the Committee noted the findings in the 2012 audit, according to which there were shortcomings with regard to the number of labour inspectors and the material resources available to them, especially in the cantons of the Federation.

In reply to its request to implement the recommendations in that audit to strengthen the human resources and material means of the labour inspectorate, including the purchase of adequate transport facilities and appropriate protective equipment, the Government refers, with regard to the Federation, to information on human and material resources, including equipment in the annual labour inspection reports of the Federation (in Bosnian language), which the Committee is unable to locate. The Committee further refers, with regard to the Republica Sprska, to the current number of labour inspectors (35 labour inspectors and eight additional labour inspectors in some municipalities) and the fact that no special equipment could be purchased in view of budget constraints. The Committee requests that the Government include in its report detailed information on the number of labour inspectors (and to indicate whether the eight additional inspectors referred to by the Government also enjoy the status of public servants), the material means, including protective equipment and the number of transport facilities in both entities and the Brčko District, as well as measures taken for their improvement as recommended in the 2012 audit.

If applicable, the Committee requests that the Government also provide information on the monthly travel allowances paid to offset the costs incidental to the performance of the duties of labour inspectors (amount, procedure for reimbursement, etc.).

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Right of free entry of labour inspectors. In its previous comments, the Committee recalled the conclusions of the tripartite committee set up in 1998 to examine the article 24 representation submitted by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the right of free entry of labour inspectors. The Committee noted that the tripartite committee considered that the obligation of labour inspectors in a canton of the Federation to request authorization from the cantonal minister before conducting an inspection visit was not in conformity with Article 12(1) of the Convention. The Committee also noted that it appeared from the information contained in the 2012 audit that some restrictions on the right of free access in practice persisted, at least in the canton of Central Bosnia. In this regard, the Committee notes that the Government indicates, with reference to sections 94, 96 and 98 of the 2014 Law on Inspections in the Federation, that labour inspectors are not required by law or in practice to seek authorization from the supervisory authority to be able to exercise their right of entry to workplaces and premises liable to inspection. The Committee also notes the information provided by the Government on the situation in law and practice concerning the right of free entry of labour inspectors in the Republica Sprska. The Committee requests that the Government specify the state of law and practice with regard to the right of free entry of labour inspectors in the Brčko District.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Powers of labour inspectors in the Canton of Central Bosnia of the Federation. In its previous comment, the Committee noted the information in the 2012 audit according to which, although inspectors in the Federation had the power to issue compliance orders, prohibition notices and fines and to initiate legal proceedings, labour inspectors in the Canton of Central Bosnia did not have the same powers and could almost only recommend remedial actions to be taken by employers in the event of non-compliance with the legal provisions. In this regard, the Committee notes that the Government refers to the 2014 Law on Inspections in relation to labour inspectors’ powers, but does not comment on the situation concerning the Canton of Central Bosnia specifically. The Committee requests that the Government specify the powers of labour inspectors in the canton of Central Bosnia in the event of a danger to the health or safety of workers or the detection of a violation, and to take the necessary measures to ensure that labour inspectors in this canton are granted the same powers as labour inspectors in other cantons of the Federation.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint. In its previous comment, the Committee noted the Government’s indication that the balance of the different types of inspection visits in the Federation (routine/reactive) depended on available resources, whereas in the Canton of Central Bosnia most inspection visits were reactive, that is, in response to a complaint. In this context, the Committee emphasized that a sufficient number of regular inspections is necessary to ensure that labour inspectors comply with the obligation to treat complaints as confidential with a view to preventing the employer or his representative from detecting any link whatsoever between the inspection and the likelihood of a complaint, identifying the person responsible for the complaint and taking reprisals against that person (Article 15(c)). The Committee notes that according to the statistical information provided in the Government’s report in relation to the Republica Sprska, in 2014, about two-thirds of all labour inspections were regular inspections, whereas about one third was made in relation to a complaint. The Committee is unable to locate relevant statistics in the annual inspection reports of the Federation. The Committee requests that the Government provide statistical information on the number of labour inspection visits in the Federation and the Brčko District, by indicating the number of labour inspection visits that were routine visits and those that were made in reaction to a complaint.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services (in agriculture). The Committee notes the annual reports on the work of the labour inspection services of the Federation and the Republica Sprska for 2012, 2013 and 2014 in Bosnian and Serbian language, respectively. As regards labour inspection activities in agriculture, while the Committee notes that the labour inspection reports for the Republica Sprska contain some information on labour inspections in agricultural workplaces and their outcome, it has once again not been able to locate such information in the annual reports of the Federation. It also notes that once again no annual labour inspection report for the Brčko District has been received. The Committee requests that the Government ensure that the central inspection authority of the Federation and the Brčko District discharge their obligations to publish and communicate to the Office an annual report on the work in industry, commerce and agriculture of the services under their control, either in a general report encompassing these sectors, or in two reports (one for agriculture and the other for the other sectors). In this respect, the Committee also once again requests that the Government report on the progress made with the establishment and operation of the “E-inspector” software in the cantons of the Federation, as well as with the collection of information on existing workplaces in cooperation with other institutions, to make this information available and fed into the systems in use by the different cantons.

The Committee requests that the Government in any event provide statistical information in relation to the Federation, the Republica Sprska (as the Government has already done) and the Brčko District on the subjects listed in Article 21(a)–(g) of Convention No. 21 and Article 27 (a)–(g) of Convention No. 129 that is as detailed as possible (including on industrial, commercial and agricultural undertakings liable to inspection and the persons employed therein; statistics of inspection visits; violations reported and penalties imposed; and occupational accidents and cases of occupational disease, including their causes).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Labour inspection needs assessment (ILO technical assistance). The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection needs assessment in 2012 (the 2012 audit) and that the recommendations were made with a view to improving the effectiveness, efficiency and quality of the labour inspection services, including the application of the Convention. The Committee invites the Government to indicate the steps taken or envisaged with a view to improving the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit and to provide a copy of any texts adopted in this regard.

Labour inspection activities in the area of undeclared work. The Committee notes the information in the annual reports on the work of the labour inspection activities for the Federation of Bosnia and Herzegovina (the Federation) and the Republika Srpska that inspections were aimed, to a large extent, at undeclared work (informal employment or sub-declaration of wages). According to the information in the 2012 audit, the informal economy is estimated to account for around 30–50 per cent of the national GDP. It also notes that in the Republika Srpska, a tripartite committee to combat undeclared work in the construction sector was set up, where the incidence of this type of work is particularly high. The Committee asks the Government to provide information on the activities carried out by the labour inspectorate in the informal economy (number of inspections in the different economic sectors, awareness-raising activities, etc.) and their outcome (such as the number of violations detected, the legal provisions concerned, the measures taken and the sanctions imposed, as well as the cases notified to the social security institutions).

Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes that according to section 33(5) of the law on labour inspections in the Federation and section 14 of the law on labour inspection in the Republika Srpska, labour inspectors are entrusted, amongst other tasks, with the control of the employment of foreigners. The Committee refers to paragraph 78 of the 2006 General Survey on labour inspection according to which the primary duty of labour inspectors is to enforce the provisions on conditions of work and the protection of workers and not to enforce immigration law, and the function of verifying the legality of employment should have as it corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. The Committee asks the Government to provide details on the nature and scope of the activities carried out by the labour inspectorate in relation to the control of the employment of foreigners, including information on the detected violations and the legal provisions concerned, as well as the legal proceedings initiated, remedies applied and sanctions imposed.

Articles 4 and 5. Structure of the labour inspection system, supervision and control by a central authority or the central authority of a federated unit, and cooperation between inspection services. 1. Structure and organization. The Committee notes from the 2012 audit that, as a result of the administrative division of the country, the Federation, the Republika Srpska and the Brcko District continue to have their own labour inspection systems. While in the Republika Srpska, labour inspection is a centralized body with offices covering different regions of the territory, in the Federation there is duality with responsibilities for labour inspection of the Federal Administration for Inspection Issues (FAII) and each of the ten cantonal inspectorates of the Federation, which leads to some overlapping competencies.

2. Legislation and jurisdiction. All administrative entities have their own labour legislation and, in addition to the different entities, the cantons in the Federation have their own labour law jurisdiction. This leads to a very fragmented legal system with significant differences from one entity to another, and in the cantons of the Federation, creating an environment where employers and workers are given different rights and obligations, depending on the geographical area in which they are located.

3. Supervision and control by a central authority or the central authority of a federated unit and cooperation between the inspection services. The Committee understands from the 2012 audit, that a central authority in the meaning of Article 4 of the Convention does not exist in the country. There is no national policy on labour inspection and each entity defines its own priorities and agendas. In the Federation, the cantons have their own agendas for labour inspection, although the FAII plays the role, to a certain extent, of a central authority and can, to a limited extent, influence their planning options.

4. Recommendations in the 2012 audit. The Committee notes that one of the main recommendations of the 2012 audit is to enhance coordination and coherence of the system. According to the audit, this could be done through: (i) the harmonization of labour law at the national level, including the draft OSH Law of the Federation; (ii) the establishment of a national coordination/supervision mechanism, such as a tripartite committee joining the heads of all the labour inspectorates and social partners at the entity level, respecting the exclusive jurisdiction of the entities and cantons; as well as (iii) the better identification of national priorities and some standardization of practices. In this regard, the Committee also recalls its comments made under the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), which the country ratified in 2009, when it requested the Government to ensure that a coherent OSH policy be formulated in accordance with the principles contained in Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155), for each entity and district, in consultation with the most representative organizations of employers and workers. The Committee asks the Government to provide detailed information on the measures taken or envisaged to give effect to the abovementioned recommendations, with a view to ensuring an effective functioning of the system of labour inspection in the country under the supervision and control of a central authority (either of a federal authority or a central authority of a federated unit) in cooperation between the different inspection services at the entity and cantonal level, and in collaboration with employers and workers or their organizations.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the information contained in the 2012 audit on the weak collaboration between the labour inspectorate and the social partners in most cantons of the Federation. Neither employers nor workers’ organizations are involved in the activities of the labour inspection on a regular basis. In this regard, one of the recommendations of the audit is to intensify collaboration and promote joint discussions between the social partners and the labour inspectorates. The Committee would be grateful if the Government would provide information on the arrangements made for collaboration between the labour inspection services and employers’ and workers’ organizations (such as information on the organization of conferences or joint committees, including on the subjects covered and the number of participants; the collaboration with the labour inspection services at the enterprise level, etc.) and to specify the impact of such cooperation on the achievement of the objective assigned to the labour inspectorate, namely improving conditions of work and the level of protection of workers while engaged in their work.

Articles 6, 7, 10 and 11. Human and material resources available to the labour inspection services, conditions of service and training of labour inspectors. According to the 2012 audit, the number of 123 labour inspectors (72 in the Federation, 44 in the Republica Srpska, and seven in the Brcko District) is insufficient in relation to the number of workers in the country (3,839,737), with a ratio of one inspector for 31,217 workers. This ratio does not take into consideration the number of undeclared workers. The shortage of human resources is especially stringent in some cantons of the Federation.

In all of the visited inspectorates during the mission, OSH inspectors do not have their own personal protective equipment to prevent them from exposure to risks in the course of their duties. Moreover, in the Federation, the most important needs were identified in terms of vehicles available to labour inspectors, which are insufficient and in poor or even hazardous conditions. Career prospects of labour inspectors are not such as to attract the best qualified staff and incentives to improve performance are insufficient. As it might appear from the 2012 audit, while a training policy was developed in the framework of the United States Agency for International Development–Enabling Labor Mobility Activity (USAID–ELMO) project and some training was delivered, there is no consistent training on the subjects relevant to labour inspection in most of the cantons of the Federation. The Committee further notes from the 2012 audit, that following an agreement with the International Monetary Fund (IMF) in 2009, the Federation and the Republika Srpska have undertaken measures concerning public expenditure cuts which also affected the human and material resources of the labour inspectorates, including wages in the public sector.

The Committee notes however with interest that, in the framework of the USAID–ELMO project, all inspectors have received IT equipments (laptops and printers) and that a so-called E-Inspector software was developed for the planning and management of inspections. The software has been fully implemented and is in use in the Republika Srpska and is planned to be gradually implemented in all of the cantons of the Federation, while some technical and other problems remain to be solved. In this regard, the Committee also notes that during the mission, reference was made to a database under preparation which would allow for a central exchange of information between the Federation and the Republika Srpska.

The Committee notes the recommendations in the 2012 audit concerning the development of long-term human resources strategies for the reinforcement of staff (recruitment, mobility, etc.), better incentives to attract and retain inspectors and the design and implementation of training strategies. It further notes the recommendations concerning the renewal of the automobile fleet or other options to ensure transportation of labour inspectors to all geographical areas of the country, the purchase and maintenance of personal protective equipment. It further notes the recommendation on technical assistance for the different inspectorates in relation to the E-Inspector software, including the collection of information on existing workplaces in cooperation with other institutions, such as the Chambers of Commerce, to make this information available and feed into the systems in use by the different cantons.

The Committee asks the Government to provide detailed information on any follow-up measures taken with regard to the above recommendations (that is the strengthening of the human resources of the labour inspectorates, purchase of adequate transport facilities and appropriate protective equipment, improvements in the conditions of service of labour inspectors, including their remuneration and career prospects, etc.). The Committee also requests the Government to provide details on the training provided to labour inspectors (subjects, duration, attendance, evaluation and impact) during the period covered by the next report of the Government.

The Committee is requested to report on the progress made with the establishment and operation of the “E-inspector” software in the cantons of the Federation, as well as with the collection of information on existing workplaces in cooperation with other institutions, to make this information available and feed into the systems in use by the different cantons. If applicable, please provide information on any difficulties encountered in this regard.

Articles 13, 17 and 18. Powers of labour inspectors in the canton of Central Bosnia of the Federation. The Committee notes the information in the 2012 audit according to which, although inspectors in the Federation have the power to order the correction of irregularities detected, prohibit activities/order the stoppage of work, issue fines, file criminal charges and request the initiation of court proceedings, labour inspectors in the Canton of Central Bosnia lack, in practice, almost all of the inspection supervisory powers and can almost only provide recommendations. Labour inspectors in this canton lack the statutory powers to order sanctions or orders the stoppage of work. The Committee asks the Government to indicate the measures taken so as to provide for these powers of labour inspectors, both in law and practice, in the Canton of Central Bosnia.

Articles 5(a), 17 and 18. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial authorities. The Committee notes from the 2012 audit that sanctions are considered to be insufficient and ineffective, while the exact reasons seem not to have been identified yet. In the Federation, the level of sanctions is low, legislation is outdated (the OSH law still refers to the old Yugoslav currency) and the rendering of court decisions is slow (one year on average). In the Republika Srpska, the use of sanctions is mitigated by a recommended approach to inform and prevent first, and by the fact that the first fine to be imposed is limited to a small amount.

The Committee understands from the information provided in the Government’s report that a system for the recording and enforcement of fines for minor offenses has been established and that training has been provided in some cantons of the Federation for the use of this system. Furthermore, the Committee notes that a seminar for labour inspectors on the referral to courts of detected offenses was organized in all cantons with the participation of the presidents of the cantonal courts. It notes from the annual report for 2011 of the Republika Srpska that cooperation has improved through meetings with representatives of the justice system. Noting the recommendations in the 2012 audit, in this regard, the Committee asks the Government to provide information on the measures taken to increase the effectiveness of sanctions. It requests the Government to provide information on any progress made with the adoption of the draft OSH Law of the Federation (as recommended in the 2012 audit), or on any other measures taken or envisaged to amend the legislation in force so as to raise the level of fines and penal provisions.

The Committee requests the Government to keep the ILO informed of any further cooperation activities between the labour inspection services and the justice system in all entities of the country and their impact. In this regard, it asks the Government to indicate the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned, etc.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Articles 12(1)(a)–(b) and 15 of the Convention. Right of entry of labour inspectors. Confidentiality of the source of any complaint. The Committee recalls that a representation submitted to the ILO on 9 October 1998 pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), stated that the federal labour inspectorate and the cantonal labour inspectorate had never been able to obtain authorization from the cantonal minister responsible for labour to conduct an inspection visit in the factories concerned (Aluminij dd Mostar and Soko dd Mostar) in order to verify the allegations of the abovementioned trade unions. The tripartite committee of the ILO Governing Body responsible for examining the representation noted, in particular, that the fact that the cantonal labour inspector was obliged to request authorization from the cantonal Minister before conducting an inspection visit was not in conformity with Article 12(1) of the Convention and requested that the follow-up to the case be entrusted to the Committee of Experts. In the framework of the follow-up, the Committee had addressed an observation to the Government from 2000 to 2005 requesting that all appropriate steps be taken as soon as possible to remove the requirement in the legislation whereby labour inspectors must seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection.

Following up on its previous comments in this regard, the Committee notes the Government’s reiterated indications that the 2005 law on inspections in the Federation of Bosnia and Herzegovina (the Federation) does not contain any provisions obliging labour inspectors to obtain authorization for entry to an enterprise. However, the Committee notes that the Government has still not provided any information on whether, in practice, labour inspectors are required to seek authorization from the supervisory authority in order to be able to exercise their right of entry to workplaces and premises liable to inspection. It appears from the information contained in the 2012 labour inspection audit conducted at the request of the Government (the 2012 audit), some restrictions on the right of free access in practice persist, at least in the canton of Central Bosnia.

According to the 2012 audit, the right of free entrance is also limited by the requirement to give previous notice of inspection visits to workplaces in both entities. However, the Committee understands from the information in this audit, that in the Federation, previous notice of visits is not given if they are reactive and if there are indications that the employer might hide the true state of affairs. The balance of the different types of visits in the Federation (routine/reactive) depends on available resources, whereas in the canton of Central Bosnia, most inspection visits are reactive.

The Committee would like to emphasize that a sufficient number of regular inspections is necessary to ensure that labour inspectors comply with the obligation to treat complaints as confidential with a view to preventing the employer or his representative from detecting any link whatsoever between the inspection and the likelihood of a complaint, identifying the person responsible for the complaint and taking reprisals against that person (Article 15(c)). In this regard, the Committee also notes the Government’s reply to the request made under Article 15(c). The Government partly reiterates its previous indications with regard to the provision of the 2005 law on inspections in the Federation preventing labour inspectors from revealing any manufacturing or commercial secret which came to their knowledge in the course of their duties, without mentioning the provisions which require labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions.

The Committee once again requests the Government to indicate whether labour inspectors are still required in practice to seek authorization from the supervisory authority to be able to exercise their right of entry to workplaces and premises liable to inspection in the Federation of Bosnia and Herzegovina and if so, the steps taken or envisaged to abandon this practice.

The Government is also requested to: (i) indicate the legal provisions which guarantee the right of labour inspectors, provided with proper credentials, to enter any workplace under their supervision without having to previously notify the responsible person for the workplace concerned of the inspection visits; and (ii) to provide any relevant administrative decision or circular containing instructions ensuring the exercise of inspectors’ free right of entry to workplaces under their supervision. The Committee also requests the Government to specify the state of law and practice in this regard in the Republika Sprska and the Brcko District.

In addition, the Committee once again asks the Government to specify the provisions which require labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions (Article 15(c)).

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee wishes to bring to the Government’s attention the following additional issues:

Article 3(1)(a) and (2) and Articles 20 and 21. Functions of the labour inspection system and publication of an annual labour inspection report. Republika Srpska. With regard to the Committee’s previous comments on the scope of inspection activities under the Republika Srpska Work Protection Act, 2008, the Committee notes the statistical data provided by the Government on the number and results of controls carried out by labour and work protection inspectors in the Republika Srpska in 2009 either on a regular basis or as a result of complaints or in order to obtain the execution of administrative decisions. The Government indicates among other things, that the inspectors issued 234 violation orders and filed 36 requests for institution of minor offence procedures and two criminal reports, ordering employers, among other things, to comply with obligations concerning risk assessments. It is also indicated that a detailed overview of activities in the Occupational Safety and Health (OSH) area is provided in the Report of the Labour Inspection for 2009. However, the Committee has not received the report in question. The Committee notes with interest nevertheless, the hosting in May 2010, of a regional conference with international participation on the topic of Prevention – Risk Management – Social Security which, among other things, emphasized important achievements, including the Republika Srpska Inspection Management System established with the aid of a four-year USAID–ELMO project. The Committee would be grateful if the Government would communicate with its next report the reports on labour inspection activities in the Republika Srpska as of 2009 and provide detailed information on the functioning of the Republika Srpska Inspection Management System, the number of OSH controls carried out, their percentage in comparison to controls on illegal employment, the types of OSH irregularities detected and the remedial action taken (both in the area of prevention and enforcement).

Federation of Bosnia and Herzegovina. With reference to its previous comments on the publication of an annual labour inspection report, the Committee takes note of the report of the Federal Administration for Inspection Affairs of the Federation of Bosnia and Herzegovina for 2008 and 2009, communicated with the Government’s report. The Committee notes from this report that the functions of the labour inspection unit cover OSH, illegal employment, social protection and the protection of children. Noting the high number of reported serious and deadly accidents, the Committee would be grateful if the Government would continue to provide detailed information on the activities of the labour inspectorate in the Federation of Bosnia and Herzegovina, specifying, in particular, the staff allocated to labour inspection, the coverage of the labour inspection system (number of workplaces and workers therein) the percentage of inspection visits dedicated to OSH and other priorities, the number of violations found and the measures taken, as well as statistics on occupational accidents and diseases.

Noting moreover, that the Committee was unable to find any particular reference to the carrying out of inspections on the basis of complaints in the report on the work of the labour inspection unit, the Committee would be grateful if the Government would provide statistics on the number of such inspections carried out and the outcomes.

Article 15. Obligations of labour inspectors: Confidentiality of the source of any complaint. With reference to its previous comments, the Committee takes note of the information provided with regard to provisions preventing labour inspectors from having any direct or indirect interest in the undertakings under their supervision and revealing any manufacturing or commercial secret which came to their knowledge in the course of their duties. The Committee would be grateful if the Government would specify the provisions which require labour inspectors to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions (Article 15(c)).

Regional cooperation. The Committee notes the information provided by the Government with regard to the membership of the Republic Administration for Inspection Affairs to the International Association of Labour Inspection (IALI) and the hosting in May 2010 of a regional conference with international participation on the topic of Prevention – Risk Management – Social Security. The Committee also notes that according to the Government, representatives of the labour inspection have taken part in numerous regional and international seminars, training sessions and conferences. The Committee would be grateful if the Government would continue to provide information on the activities undertaken by the labour inspection services in this framework and their impact.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the text of the Work Protection Act, 2008 provided by the Government and will examine this text as soon as a translation is available.

Follow-up to the recommendations of the tripartite committee
(representation made under article 24 of the Constitution of the ILO)

Articles 12(1)(a) and (b), and 18 of the Convention. Right of entry of labour inspectors. Penalties for obstructing labour inspectors in the performance of their duties. The Committee recalls that a representation submitted to the ILO on 9 October 1998 pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) stated that the federal labour inspectorate and the cantonal labour inspectorate had never been able to obtain the authorization of the cantonal minister responsible for labour to conduct an inspection visit in the factories concerned (Aluminij dd Mostar and Soko dd Mostar) in order to verify the allegations of the abovementioned trade unions. The tripartite committee of the ILO Governing Body responsible for examining the representation noted, in particular, that the fact that the cantonal labour inspector was obliged to request the authorization of the cantonal Minister before being able to conduct an inspection visit was not in conformity with Article 12(1), of Convention No. 81 and requested that the follow-up to the case be entrusted to the Committee of Experts. In the framework of the follow-up, the Committee had addressed an observation to the Government from 2000 until 2005 requesting that all appropriate steps be taken as soon as possible to remove the requirement in the legislation whereby labour inspectors must seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection. The Government’s report sent in 2006 appeared to indicate that none of the laws on inspections contained any provision obliging labour inspectors to obtain authorization to be able to enter an enterprise and the Committee thereby concluded that, if such an authorization were required in practice, this was contrary to the law. In its 2006 report, the Government had also indicated that random inspections had been carried out in the specific enterprises in question in March 2000 and that measures had been ordered by the chief federal inspector; however, the Government had not specified whether measures had been taken to abandon the practice of having to request authorization or to penalize the officials responsible for it.

The Committee notes the information provided by the Government in its latest report in relation to the legal provisions which prohibit obstruction of inspectors’ access to workplaces and the penalties established in the law in case of violation of this prohibition (section 67(3) of the Act on Inspections of the Federation of Bosnia and Herzegovina which provides that inspectors are entitled to inspect all workplaces and section 85 of the Act on Inspections of the Republika Srpska which provides for a fine of 2,000 up to 20,000 convertible marka (BAM) if an enterprise fails to allow smooth access to the inspector for supervision purposes). The Committee notes that the Government is not aware of any cases involving obstruction of the work of labour inspectors in the Federation of Bosnia and Herzegovina or the Republika Srpska in the reporting period. The Government adds that the powers of inspectors laid down in the Act on Inspections of the Brcko District of Bosnia and Herzegovina are compatible with the powers stated in Article 12 of the Convention. While noting this information, the Committee is bound to observe that it does not address the issue of whether labour inspectors are required to seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection.

The Committee requests the Government once again to indicate in its next report the steps taken or envisaged to abandon the practice of having to seek authorization from the supervisory authority in order for labour inspectors to be able to exercise their right of entry to workplaces and premises liable to inspection in the Federation of BiH. The Government is requested in particular to: (i) indicate the legal provisions which guarantee the right of labour inspectors, provided with proper credentials, to enter any workplace under their supervision without having to obtain authorization from the supervisory authority; and (ii) to furnish any relevant administrative decision or circular containing instructions ensuring the exercise of inspectors’ free right of entry to workplaces under their supervision. The Committee also requests the Government to specify the state of law and practice in this regard in the Republika Sprska and the Brcko District.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information supplied by the Government in response to its previous comments on the number of labour inspection officials, the transport and office facilities at their disposal and the initial training of labour inspectors in the Republika Srpska and in the Federation of Bosnia and Herzegovina. It further notes the adoption on 2 December 2005 of the Act on inspections of the Federation of Bosnia and Herzegovina, which, inter alia, determines the scope of labour inspection (section 33) and provides for the rights of all categories of inspectors (sections 67 and 68).

Article 3, paragraphs 1(a) and 2, of the Convention. Action against illegal employment and monitoring of legislation relating to occupational safety and health. The Committee notes that, according to the 2007 report of the inspection administration of the Republika Srpska, because priority was given to combating illegal employment, labour inspectors have not played a very active role in the field of occupational safety and health (OSH) over the past few years. The Committee notes with interest, however, that the situation has begun to evolve since 2006 thus enabling labour inspectors to better discharge their primary inspection duties in the field of OSH. The report adds that the scope of competence of labour inspectors would be modified following the adoption of the new Law on Protection at Work. The Committee requests the Government to supply information in its next report on the scope and the development of inspection activities in the field of OSH under the new law and to provide a copy of this text, which was adopted in 2008.

Article 12, paragraph 1(a) and (b), and Article 18. Right of entry of labour inspectors – Penalties for obstructing labour inspectors in the performance of their duties. Under section 67(3) of the above Act of the Federation of Bosnia and Herzegovina, inspectors are entitled to inspect all workplaces. The same right is granted to inspectors in the Republika Srpska under section 26 of the Act of 28 July 2005 on inspections, supplemented by section 80 with regard to the timing of inspection visits. Referring the Government to its comments under Convention No. 111 as regards the follow-up of the conclusions of the Governing Body from November 1999 on Article 24 representation submitted by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USBIH) and the Union of Metalworkers (SM), the Committee requests it to continue to supply information on the implementation of the legal provisions on the right of entry of labour inspectors and on any acts of obstruction reported by labour inspectors and penalties imposed.

Article 15. Obligations of labour inspectors: prohibition of any direct or indirect interest, professional secrecy and confidentiality of the source of any complaint. With reference to its previous comments, the Committee requests the Government to supply information on any provisions establishing in regulations or codes of conduct the above ethical obligations for labour inspectors in the performance of their duties in both entities.

Articles 4, 20 and 21. Publication of an annual general report on the work of the labour inspection services. The Committee notes the report on the work of the labour inspection services in the Republika Srpska for 2007 sent by the Government and wishes to underline the quality of the information it contains. However, it observes that this report does not contain some of the information needed to appraise the scope of the competence of the labour inspection system, such as the total number of industrial and commercial establishments liable to inspection and the number of workers employed therein. The Committee requests the Government to ensure that this information, together with statistics on occupational diseases, is included in the next annual report of the inspection administration of the Republika Srpska, as required by Article 21(c) and (g).

The Committee notes the statistics on the number of inspection visits carried out by the labour inspectorate of the Federation of Bosnia and Herzegovina in 2007. With reference to its previous comments, it must, nevertheless, once again draw the attention of the Government to the obligation for the central authority of each entity to publish and communicate to the ILO an annual report on the work of the labour inspection services under their control, in accordance with Article 20. It hopes that the Government will rapidly take the necessary measures to ensure that the data required under Article 21 are collected from the labour inspection services, compiled and published in such an annual report by the central authority of the Federation of Bosnia and Herzegovina. The Government is requested to keep the Office informed of any development in this regard and of any difficulties encountered.

Regional cooperation. The Committee notes the signature, in September 2008, of the Declaration on regional cooperation of labour inspectorates in south‑east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. It would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Also referring to its observation, the Committee would be grateful if the Government would supply further information on the application of the Convention in law and practice with regard to the following points:

–      initial training of labour inspectors for the performance of their duties (Article 7, paragraph 3, of the Convention);

–      the criteria for determining the numbers of inspection staff in the two entities (Republika Srpska and the Federation of Bosnia and Herzegovina) and the Brcko District (Article 10), stating the number of inspection staff and their distribution by geographical area and by sex (Article 8);

–      transport facilities available to labour inspectors (Article 11, paragraph 1(b));

–      prohibition on labour inspectors from having any direct or indirect interest in the undertakings under their supervision (Article 15(a)).

The Committee would also be grateful if the Government would keep the Office informed on the progress of the legislative process for the adoption of the draft act on labour inspection of the Federation of Bosnia and Herzegovina, which it indicated, in 2006, had been submitted to Parliament.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report for the period ending in June 2006. Further to its previous observation, it draws the Government’s attention to the following points.

1. Article 12, paragraph 1(a) and (b), of the Convention. Right of free entry of labour inspectors. A representation submitted to the ILO on 9 October 1998 pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) stated that the federal labour inspectorate and the cantonal labour inspectorate had never been able to obtain the authorization of the cantonal minister responsible for labour to conduct an inspection visit in the factories concerned (Aluminij dd Mostar and Soko dd Mostar) in order to verify the allegations of the abovementioned trade unions. The committee of the ILO Governing Body responsible for examining the representation noted, in particular, that the fact that the cantonal labour inspector was obliged to request the authorization of the cantonal minister before being able to conduct an inspection visit was not in conformity with Article 12, paragraph 1, of the Convention and requested that the follow-up to the case be also entrusted to this Committee. The Committee addressed an observation to the Government in 2000 and again in 2001 requesting it to take all appropriate steps as soon as possible to remove the requirement in the legislation whereby labour inspectors must seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection. Since the Government did not reply to this request in its report of June 2002, the Committee invited it to do so in a new observation in 2003, which was repeated in 2004 and 2005. The Government’s report sent in 2006 shows that none of the laws on inspections contains any provision obliging labour inspectors to obtain authorization to be able to enter an enterprise. Consequently, if such an authorization has been required, this practice is contrary to the law. The Government also states that random inspections were undertaken on 29 and 30 March 2000 in the two enterprises concerned and that measures were ordered by the chief federal inspector. However, it does not state whether measures were taken, firstly, to penalize the officials responsible for such a practice and, secondly, to avoid any recurrence thereof. The Government is requested to supply information in this respect in its next report and also any relevant document (copy of any administrative decision or circular containing instructions ensuring the exercise of inspectors’ free right of entry to workplaces under their supervision, etc.). The Committee also requests it to indicate the legal provisions which apply specifically to labour inspectors’ right of entry to workplaces under their supervision in each of the two entities (Republika Sprska and the Federation of Bosnia and Herzegovina) and in the Brcko District, and to send copies of them.

2. Articles 4, 20 and 21. Production and publication by the central authority of an annual general report on the work of the labour inspectorate. The Committee notes the information from the Government to the effect that the labour inspection system is placed under the control of the authorities in each of the federated entities and the Brcko District, the inspection system comprising bodies acting at the level of the entity and bodies functioning at local level. The Government indicates that a report on the work of the labour inspectorate is drawn up by the central authority of each entity, on the basis of reports drawn up and transmitted by the local inspection bodies. However, in the Federation of Bosnia and Herzegovina, the cooperation between the different bodies in the system at central and local (cantonal) levels is inadequate, and the activity reports are not transmitted by the cantonal inspection bodies. The Committee draws the Government’s attention to the need to publish reports on the work of the inspection services, firstly, to evaluate and improve the operation of the system as a whole and, secondly, to be able to allocate adequate resources in the light of the requirements identified and the available resources. Referring to its previous comments, the Committee asks the Government once again to take the necessary steps to ensure that an annual report on the work of the labour inspectorate is published by the central authority of each entity. It hopes that the Government will soon be in a position to supply such reports to the ILO and that they will contain the information required by each of clauses (a)–(g) of Article 21.

The Committee is raising a number of other points in a direct request to the Government.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

Article 12, paragraph 1(a), of the Convention. With reference to its previous comments, the Committee once again reminds the Government that, further to a joint representation made to the ILO on 9 October 1999 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM), alleging violation by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the committee entrusted by the Governing Body of the ILO with its examination considered that the facts submitted constituted a violation of Article 12, paragraph 1, of Convention No. 81, concerning the right of labour inspectors to enter freely enterprises and workplaces liable to inspection. Further to the recommendations of the latter committee, the Committee of Experts made an observation to the Government in 2001 requesting it to adopt, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to enter enterprises and workplaces liable to their inspection. The Committee once again requests the Government to provide the information requested on this matter.

Articles 4, 20 and 21. The Committee would be grateful if the Government would indicate whether the national inspection system is placed under the supervision and control of a central authority or, as envisaged in paragraph 2 of Article 4, under that of the authorities of each federated entity.

In any case, the Committee trusts that effect will rapidly be given to the obligation of the central authority, as required by Articles 20 and 21, to publish and transmit to the ILO a general annual report on the activities of the inspection services under its control and requests the Government to provide information on the measures taken for this purpose.

The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and in Parts IV and V.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 12, paragraph 1(a), of the Convention. With reference to its previous comments, the Committee once again reminds the Government that, further to a joint representation made to the ILO on 9 October 1999 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM), alleging violation by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the committee entrusted by the Governing Body of the ILO with its examination considered that the facts submitted constituted a violation of Article 12, paragraph 1, of Convention No. 81, concerning the right of labour inspectors’ to enter freely into enterprises and workplaces liable to inspection. Further to the recommendations of the latter committee, the Committee of Experts made an observation to the Government in 2001 requesting it to adopt, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to enter enterprises and workplaces liable to their inspection. The Committee once again requests the Government to provide the information requested on this matter.

Articles 4, 20 and 21. The Committee would be grateful if the Government would indicate whether the national inspection system is placed under the supervision and control of a central authority, as envisaged in paragraph 2 of Article 4, or under that of the authorities of each federated entity.

In any case, the Committee trusts that effort will rapidly be given to the obligation of the central authority, as required by Articles 20 and 21, to publish and transmit to the ILO a general annual report on the activities of the inspection services under its control and requests the Government to provide information on the measures taken for this purpose.

The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and in Parts IV and V.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 12, paragraph 1(a), of the Convention. With reference to its previous comments, the Committee once again reminds the Government that, further to a joint representation made to the ILO on 9 October 1999 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM), alleging violation by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the committee entrusted by the Governing Body of the ILO with its examination considered that the facts submitted constituted a violation of Article 12, paragraph 1, of Convention No. 81, concerning the right of labour inspectors’ to enter freely into enterprises and workplaces liable to inspection. Further to the recommendations of the latter committee, the Committee of Experts made an observation to the Government in 2001 requesting it to adopt, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to enter enterprises and workplaces liable to their inspection. The Committee once again requests the Government to provide the information requested on this matter.

Articles 4, 20 and 21. The Committee would be grateful if the Government would indicate whether the national inspection system is placed under the supervision and control of a central authority, as envisaged in paragraph 2, of Article 4, or under that of the authorities of each federated entity.

In any case, the Committee trusts that effort will rapidly be given to the obligation of the central authority, as required by Articles 20 and 21, to publish and transmit to the ILO a general annual report on the activities of the inspection services under its control and requests the Government to provide information on the measures taken for this purpose.

The Government is also asked to provide the information requested by the report form for the Convention under each of its provisions, and in Parts IV and V.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the Government has supplied no report on the application of the Convention since 1993.

1. Obligation to report on ratified Conventions. Recalling to the Government its formal acceptance on 12 April 1993 of the obligations of the ILO Constitution, in conformity with article 1, paragraph 3, thereof, the Committee would be grateful if the Government would provide periodic reports on the manner in which effect is given, in law and in practice, to the provisions of the present Convention by supplying the information requested in the report form adopted by the Governing Body to this end.

2. Right to free access of labour inspectors to workplaces liable to inspection. A representation addressed to the ILO on 9 October 1998 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging non-observance by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee established by the Governing Body of the ILO to examine the representation considered in the conclusions to its report adopted at the 276th Session of the Governing Body (November 1999) that the facts placed before it also constituted violations by the Government of the Termination of Employment Convention, 1982 (No. 158), and of Convention No. 81. It consequently adopted a series of Recommendations including that of entrusting the follow-up of the matter to the present Committee, especially for the purpose of monitoring the application of the Conventions cited above.

The representation in question reported a decision to dismiss 1,550 workers, on the basis of national origin or religion, taken by the directors of the "Aluminium" and "Soko" factories, both situated at Mostar. It established that the inspectors mobilized by the trade union organizations to verify the facts and enquire into the precise circumstances of the dispute were unable to accomplish this task in the factories since they lacked the explicit prior authorization of the Cantonal Minister. The Committee notes that the fact that a cantonal labour inspector should be obliged to request authorization from the Cantonal Minister before undertaking an inspection visit is not in conformity with Article 12(1) of this Convention. The Committee stresses that, under Article 12(a), labour inspectors should effectively be authorized to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Referring also to paragraphs 156 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to take, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to exercise their right of entry in the establishments and workplaces liable to their inspection.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes that the Government has supplied no report on the application of the Convention since 1993.

1.  Obligation to report on ratified Conventions.  Recalling to the Government its formal acceptance on 12 April 1993 of the obligations of the ILO Constitution, in conformity with article 1, paragraph 3, thereof, the Committee would be grateful if the Government would provide periodic reports on the manner in which effect is given, in law and in practice, to the provisions of the present Convention by supplying the information requested in the report form adopted by the Governing Body to this end.

2.  Right to free access of labour inspectors to workplaces liable to inspection.  A representation addressed to the ILO on 9 October 1998 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging non‑observance by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee established by the Governing Body of the ILO to examine the representation considered in the conclusions to its report adopted at the 276th Session of the Governing Body (November 1999) that the facts placed before it also constituted violations by the Government of the Termination of Employment Convention, 1982 (No. 158), and of Convention No. 81. It consequently adopted a series of Recommendations including that of entrusting the follow-up of the matter to the present Committee, especially for the purpose of monitoring the application of the Conventions cited above.

The representation in question reported a decision to dismiss 1,550 workers, on the basis of national origin or religion, taken by the directors of the "Aluminium" and "Soko" factories, both situated at Mostar. It established that the inspectors mobilized by the trade union organizations to verify the facts and enquire into the precise circumstances of the dispute were unable to accomplish this task in the factories since they lacked the explicit prior authorization of the Cantonal Minister. The Committee notes that the fact that a cantonal labour inspector should be obliged to request authorization from the Cantonal Minister before undertaking an inspection visit is not in conformity with Article 12(1), of this Convention. The Committee stresses that, under Article 12(a), labour inspectors should effectively be authorized to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Referring also to paragraphs 156 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to take, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to exercise their right of entry in the establishments and workplaces liable to their inspection.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government has supplied no report on the application of the Convention since 1993.

1. Obligation to report on ratified Conventions. Recalling to the Government its formal acceptance on 12 April 1993 of the obligations of the ILO Constitution, in conformity with article 1, paragraph 3, thereof, the Committee would be grateful if the Government would provide periodic reports on the manner in which effect is given, in law and in practice, to the provisions of the present Convention by supplying the information requested in the report form adopted by the Governing Body to this end.

2. Right to free access of labour inspectors to workplaces liable to inspection. A representation addressed to the ILO on 9 October 1998 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging non-observance by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee established by the Governing Body of the ILO to examine the representation considered in the conclusions to its report adopted at the 276th Session of the Governing Body (November 1999) that the facts placed before it also constituted violations by the Government of the Termination of Employment Convention, 1982 (No. 158), and of Convention No. 81. It consequently adopted a series of Recommendations including that of entrusting the follow-up of the matter to the present Committee, especially for the purpose of monitoring the application of the Conventions cited above.

The representation in question reported a decision to dismiss 1,550 workers, on the basis of national origin or religion, taken by the directors of the "Aluminium" and "Soko" factories, both situated at Mostar. It established that the inspectors mobilized by the trade union organizations to verify the facts and enquire into the precise circumstances of the dispute were unable to accomplish this task in the factories since they lacked the explicit prior authorization of the Cantonal Minister. The Committee notes that the fact that a cantonal labour inspector should be obliged to request authorization from the Cantonal Minister before undertaking an inspection visit is not in conformity with Article 12, paragraph 1, of this Convention. The Committee stresses that, under Article 12(a), labour inspectors should effectively be authorized to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Referring also to paragraphs 156 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to take, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to exercise their right of entry in the establishments and workplaces liable to their inspection.

[The Government is asked to report in detail in 2000.]