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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 9(1) of the Convention. Penalties, labour inspection and application of the Convention in practice. Federation of Bosnia and Herzegovina (FBiH) and Republika Sprska. Following its previous comments, the Committee takes note of the detailed statistics provided by the Government, in its report, regarding the employment rates and principal characteristics of working age population in FBiH. Among other information, the Government communicates statistics on the number of young persons under the age of 18 legally employed (for example, 659 in 2019, 128 in 2020 and 75 in 2021). The Government also indicates that the Federal Administration for Inspection Affairs of FBiH did not find any violations of section 20 of the Law on Labour Relations, which relates to the prohibition of the employment of children under the age of 15 years. Therefore, no penalties have been imposed with regard to this provision.

Regarding Republika Sprska, the Committee notes that, according to the data from the Report on Work of Republic Administration for Inspectional Affairs – labour inspection, within the reporting period, there were no persons under the age of 15 who were employed. In addition, according to the data provided by Republika Srpska, 95 and 92 young persons aged 15 to 18 were employed in 2020 and 2021 respectively, while there were 2,147 jobseekers of that age in 2020 and 1,065 in 2021.

The Committee notes that, according to an ILO factsheet on the Overview of the informal economy in Bosnia and Herzegovina, 2020, employment in the informal sector amounts to 30.5 per cent in the country. Considering the importance of the informal economy in the country, the Committee observes that children under the age of 15 years could potentially be found in informal work or employment, that children aged 15 to 18 years could also be employed in hazardous work in the informal economy, and that these children may be difficult to identify and reached through regular labour inspections. In that regard, the expansion of the relevant monitoring mechanisms to the informal economy can be an important way to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in the informal economy does not seem a practicable solution (General Survey on the fundamental Conventions, 2012, paragraph 345). The Committee accordingly requests the Government to provide information on any measures taken to obtain data on the number of children working in the informal economy in the FBiH and Republika Sprska. In this regard, it encourages the Government to reinforce the capacities of the labour inspectorates of the FBiH and Republika Sprska and widen their scope of intervention to fully and adequately address participation in informal economic activity by children, or take other measures to ensure their detection. Finally, the Committee requests the Government to continue providing statistical data, including on the number of children below the minimum age engaged in economic activities and the number of young persons engaged in hazardous work in the FBiH and the Republika Srpska.

2. Brčko District.The Committee once again requests the Government to provide information on the application of section 173(1)(j) and (hhh) of the Labour Law of the Brčko District No. 34/19 of 2019 in practice, in particular the number and nature of violations detected and the penalties imposed.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3(2) of the Convention. Determination of hazardous work.Federation of Bosnia and Herzegovina (FBiH). Regarding the by-law that shall define the types of work referred to in section 57 of the Labour Law of the FBiH No. 26/2016 (work likely to create a hazard or increased risk to the life, health, development or morale of underage persons), the Government indicates, in its report, that it has not yet been adopted, considering other legislative priorities (particularly the new by-laws on the new Law on Occupational Safety and Health, 2021). The Government indicates that the by-law in application of section 57 of the Labour Law could be adopted in the next legislative period.

The Committee further notes the Government’s detailed information regarding the Rulebook on “requirements for establishing positions with special working conditions and physical examinations of employees occupying such positions” (the “Rulebook”) (Official Gazette of the Socialist Republic of Bosnia and Herzegovina, No. 2/91), which is in force in the FBiH. The Committee notes with interest that the Rulebook establishes an extensive list of 55 workplace risks/types of work that can be performed only by employees who are at least 18 years old. The Committee requests the Government to provide a copy of the Rulebook as well as information on its application in practice, in particular whether there have been instances of children under the age of 18 engaged in the types of prohibited hazardous work listed and, if so, whether penalties have been imposed to those who have employed them. In addition, the Committee once again request the Government to take the necessary measures to ensure, pursuant to section 57 of the Labour Law of the FBiH, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

Brčko District. Following its previous comments, the Committee notes with regret that no progress has been made regarding the adoption of a list of hazardous types of work prohibited to children and young persons under 18 years of age pursuant to section 75(1) of the Labour Law of the Brčko District No. 34/19 of 2019. Observing that it has been raising this issue since 2005, the Committee strongly urges the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

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

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

Article 9(1) of the Convention. Penalties. 1. Federation of Bosnia and Herzegovina (FBiH). In its previous comments, the Committee noted that section 171(1)(3) of the Labour Law of the FBiH No. 26/16 of 2016 provides that a fine in the amount of 1,000 to 3,000 Convertible Marka (BAM), or of BAM5,000 to 10,000 in case of a recurring violation, shall be imposed on employers (legal persons) if they have concluded an employment agreement or if they have employed an underage person for any type of work, in breach of section 20 of the Labour Law. The fine is of BAM2,000 to 5,000 on employers (natural persons) for the same offence.

The Committee notes the indication by the Government in its report that no penalties were imposed by the labour inspectors of the Federal Administration for Inspection Issues (FAII) for violation of section 20 of the Labour Law of the FBiH during the reporting period. The Committee requests the Government to continue to provide information on the application of section 171(1)(3) of the Labour Law of the FBiH, in conjunction with its section 20, in practice, in particular the number of violations detected and the penalties imposed.

2. Brčko District. The Committee previously noted the Government’s indication that section 110 of the Labour Law of the Brčko District No. 19/06 of 2006 shall be amended to provide that a fine between BAM1,000 and 10,000 shall be imposed on employers (legal persons) if they have concluded an employment agreement with a person under the age of 15 years, in violation of section 10(1) of the Labour Law, or if they have employed an underage person without fulfilling the requirements referred to in section 10(2) of the Labour Law.

The Committee notes with interest that the new Labour Law of the Brčko District No. 34/19 of 2019, in its section 173(1)(j) and (7), imposes a fine of BAM3,000 on employers (legal persons) for the conclusion of an employment agreement with underage persons, in violation of its section 20(1) which provides for a minimum age of 15 years for employment, and of section 20(2)(a) and (b) which sets out the requirements for the employment of persons between the ages of 15 and 18. The fine is of BAM1,500 on employers (natural persons) for the same offence (section 173(1)(j) and (9)). In addition, section 173(1)(hhh) and (7) of the Labour Law No. 34/19 of 2019 imposes a fine of the same amount for violation of its section 75 that sets out provisions on employment protection of underage persons, including the prohibition of performance of hazardous work. The Committee requests the Government to provide information on the application of section 173(1)(j) and (hhh) of the Labour Law of the Brčko District No. 34/19 of 2019 in practice, in particular the number and nature of violations detected and the penalties imposed.

Article 9(3). Registers of employment. Brčko District. Further to its previous request on the specific legal provisions that prescribe the keeping of registers of employees in the Brčko District, the Committee observes that by virtue of sections 165-167 of the Labour Law of the Brčko District No. 34/19 of 2019, employees must have working record books which shall be kept by their employers during the period of employment of employees. The Committee further observes that the Rulebook on Working Record Books of the Brčko District No. 7 of 2011 regulates the entry of data into the working record book, including the names and dates of birth of employees (section 3(2)).

Application of the Convention in practice. The Committee previously noted the Government’s information according to which, in the Republika Srpska, 97 young persons (62 boys and 35 girls) between the ages of 15 and 18 were recorded as employees in 2015 and 194 (125 boys and 69 girls) were recorded in 2016; in the FBiH, 338 employees under 18 years were recorded in 2014 and 197 in 2015; and in the Brčko District, no cases of employment of persons under the age of 18 had been registered by the labour inspectors.

The Committee notes the statistical data provided by the Government indicating that in the Republika Srpska, 75 employees (51 boys and 24 girls) between the ages of 15 and 18 were recorded in 2017; 69 employees (57 boys and 12 girls) were recorded in 2018; and 100 employees (81 boys and 19 girls) were recorded in 2019. The Government further indicates that according to the data of the labour inspectorate, in the Republika Srpska, there were no cases of work carried out by children under the age of 15. The Committee requests the Government to continue to provide statistical data, including on the number of children below the minimum age engaged in economic activities and the number of young persons engaged in hazardous work in the FBiH, the Republika Srpska and the Brčko District.

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 9(1) of the Convention. Penalties. 1. Federation of Bosnia and Herzegovina (FBiH). Following its previous comments, the Committee notes the Government’s information that section 171(1)(3) of the new Labour Law provides that a fine in the amount of 1,000 to 3,000 Convertible Marka (BAM), or of BAM5,000 to 10,000 in case of a recurring violation, shall be imposed on employers (legal persons) if they have concluded an employment agreement or if they have employed an underage person for any type of work, in breach of section 20 of the Labour Law. The fine is of BAM2,000 to 5,000 on employers (natural persons), for the same offence. The Committee requests that the Government provide information on the application of this provision in practice, in particular the number of penalties imposed.

2. Brčko District. The Committee previously noted that the Labour Law of the Brčko District which prescribed penalties for various violations of the law, did not establish any penalties for the violation of section 10 of the Labour Law (prohibition on concluding an employment contract with a person under the age of 15 years).

The Committee notes the Government’s information that section 110 of the Labour Law shall be amended to provide that a fine between BAM1,000 and 10,000 shall be imposed on the employer (legal person) if they have concluded an employment agreement with a person under the age of 15 years, in violation of section 10(1) of the Law, or if they have employed an underage person without fulfilling the requirements referred to in section 10(2) of the Law. The Committee requests that the Government provide information on the progress made in adopting this amendment to the Labour Law, imposing a penalty for concluding an employment contract with a person below 15 years of age, as well as on the application in practice of this provision, in particular the number of penalties imposed.

Article 9(3). Registers of employment. Brčko District. The Committee previously noted the Government’s information that the procedure of keeping record books which contain information regarding the date of birth of the employees was under way for the Brčko District.

The Committee notes the Government’s information that, during inspections, employers provide the labour inspectors of the Brčko District with documentation which reveal whether their employees are under the age of 18. It also notes the Government’s indication that the monitoring of the enforcement of the Labour Law is conducted in accordance with the Law on inspection services and the Law on administrative procedure, as well as other bylaws specifying the responsibilities, procedures and powers of the labour inspectors. The Committee once again requests that the Government provide information on the specific legal provisions that prescribe the keeping of registers of employees in the Brčko District.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information according to which, in Republika Srpska, 97 young persons (62 boys and 35 girls) between the ages of 15 and 18 were recorded as employees in 2015 and 194 (125 boys and 69 girls) were recorded in 2016; in the FBiH, 338 employees under 18 years were recorded in 2014 and 197 in 2015; and in the Brčko District, no cases of employment of persons under the age of 18 were registered by the labour inspectors. The Committee requests that the Government continue providing information on the number of children and young persons engaged in economic activities, the number and nature of violations detected and the penalties imposed.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina (FBiH). The Committee previously noted the Government’s statement that it was in the process of adopting a new Labour Law.

The Committee notes the Government’s information in its report according to which, pursuant to section 57 of the new Labour Law of the FBiH, an underage person may not be assigned to any physically demanding work, underground or underwater work, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. A by-law shall be adopted to define the types of work referred to in section 57. However, the Government indicates that this by-law has not yet been adopted. The Committee urges the Government to take the necessary steps to ensure, pursuant to section 57 of the new Labour Law, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, in accordance with Article 3(2) of the Convention. It requests that the Government provide information on any progress made in this regard.

2. Republika Srpska. The Committee previously expressed the hope that the Government would take the necessary measures to ensure the inclusion, in the new Labour Law, of a provision authorizing the competent authorities to draw up a list of types of hazardous work prohibited to persons below 18 years of age and to ensure the adoption of such a list.

The Committee notes that section 103(1) of the new Labour Law of Republika Srpska, which entered into force in January 2016, provides that workers younger than 18 years of age may not be assigned jobs that pose an increased risk, or involve physically demanding work, underground or underwater work, or any other activities that may represent an increased risk to their life, health, or physical and psychological development. Pursuant to paragraph 2 of section 103, the activities referred to in paragraph 1 shall be stipulated by the Minister in a regulation. The Committee notes with satisfaction that the Regulation on jobs which may not be assigned to juvenile workers was adopted, and entered into force on 18 October 2016.

3. Brčko District. Following its previous comments, the Committee notes the Government’s information that section 41 of the Labour Law provides that underage persons may not be assigned any dangerous or demanding work, underground or underwater work, or any other work likely to pose a hazard or jeopardize their life, health, or physical development or morale, and that these types of work shall be regulated under collective agreements. The Government further indicates that a new Labour Law for the Brčko District is in the process of adoption, in consultation with the organizations of workers and employers. The Committee requests that the Government provide information on the progress made in adopting the list of types of work prohibited to children and young persons under 18 years of age, as well as on the types of work prescribed by collective agreements. It once again asks the Government to communicate copies of these lists as soon as they have been determined.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee had previously noted that according to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine the hazardous types of work prohibited to minors.

The Committee notes the Government’s indication that no regulation, pursuant to section 51(2) of the Labour Law that define hazardous types of work prohibited to persons under 18 years of age, has been adopted. The Government further states that it is in the process of adopting a new Labour Law. The Committee urges the Government to take the necessary measures, during the review of the Labour Law, to ensure the adoption of a list of activities and occupations prohibited for persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

2. Republika Srpska. The Committee noted the Government’s information that determining the hazardous types of work prohibited to young persons under 18 years of age shall be regulated by the provisions of sectoral or specific collective agreements.

The Committee notes the Government’s information that according to section 75 of the Labour Law of the Republika Srpska workers under the age of 18 years shall not be assigned to work on particularly heavy physical works, or works performed underground or underwater or in other activities that could pose an increased risk to their life, health and physical and mental development. The Committee also notes the Government’s information that Republika Srpska has only a very small number of persons under the age of 18 years who are employed (71 persons were employed in 2013) and that there were no cases of occupational injuries of persons under the age of 18 years. However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government will, during the future discussions related to the adoption of the new Labour Law, ensure that a provision authorizing the Ministry of Labour to determine hazardous works that are prohibited to children under 18 years, is included in the new Labour Law. The Committee expresses the firm hope that the Government will take the necessary measures to ensure the inclusion, in the new Labour Law, of a provision authorizing the competent authorities to draw up a list of types of hazardous work prohibited to persons below 18 years of age and to ensure the adoption of such a list in the very near future. It requests the Government to provide information on any progress made in this regard.

3. Brcko District. The Committee had previously noted that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15 18 years are determined by collective agreement. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the types of work determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 7. Light work. 1. Federation of Bosnia and Herzegovina. Following its previous comments, the Committee notes the Governments indication that in Bosnia and Herzegovina children below the age of 15 years are not permitted to be employed in any work, not even in light work.

2. Republika Srpska. The Committee notes the Government’s statement that the labour inspectors have so far not recorded any cases of employment or work by children below 15 years of age. The Committee also notes the Government’s information that it will strictly enforce the ban on work by persons under the age of 15 years, regardless of whether it concerns engagement in light work activities. Moreover, the Committee notes the Government’s statement that it has not envisaged to take any measures to allow such work by children between the age of 13 and 15 years.

Article 9(1). Penalties. 1. Federation of Bosnia and Herzegovina. The Committee previously observed that section 139a of the Labour Law of the Federation of Bosnia and Herzegovina, established penalties for an employer who fails to conclude an employment contract with an employee, but does not indicate any penalties for the non-observance of the minimum age provisions under section 15 of the Labour Law.

The Committee notes the Government’s indication that the contract concluded in contravention of section 15 of the Labour Law would be invalid and prohibited. However, there are no specific penalties for its conclusion. The Government further indicates that there has not been a single case of concluding such contracts in practice. The Committee notes from the Government’s written replies to the list of issues related to the combined second, third and fourth periodic report of Bosnia and Herzegovina to the Committee on the Rights of the Child (CRC/C/BIH/Q/2-4/Add.1, 2012; paragraph 129) that the new Labour law which is in the process of being adopted contains provisions of penalties for the offences related to concluding contracts with children younger than 15 years or employing such persons into any type of job. The offence is considered as a misdemeanour and is punishable by fines of 1,000–7,000 Bosnia and Herzegovina Convertible Marka (BAM). The Committee expresses the firm hope that the draft Labour Law of the Federation of Bosnia and Herzegovina which will establish penalties for the violation of the minimum age provisions will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

2. Brcko District. The Committee previously noted that section 111 of the Labour Law of the Brcko District which prescribes penalties for various violations of the law, does not establish any penalties for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15 years). Noting the absence of information in the Government’s report the Committee once again requests the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age.

Article 9(3). Registers of employment. The Committee had previously noted the Government’s information that the procedure of keeping record books which contains information regarding the date of birth of the employees was under way for the Brcko District. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the Brcko District as soon as they have been adopted.

Application of the Convention in practice. The Committee notes from the Government’s report that according to the data from the Annual Statistical Bulletin of the Federal Bureau of Statistics, in the Federation of Bosnia and Herzegovina, a total number of 125 employees below 18 years of age were employed in 2011 and 63 such employees were employed in 2012. In the Republika Srpska, the total number of employees aged between 15 to 18 years were 124 (89 boys and 35 girls) in 2012 and 71 (49 boys and 22 girls) in 2013. The Committee further notes the Government’s information that within the frame work of the National Action Plan for Children 2011–14, a national census, including a survey on child labour was conducted in October 2013. The Committee requests the Government to provide information from the 2013 national survey, on the employment of children and young persons, particularly the number of children under the minimum age of 15 who are engaged in economic activities. It also requests the Government to provide statistical information on the employment of children and young persons in the Brcko District.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously requested the Government to pursue a national policy to effectively reduce and eliminate child labour and to provide information on the measures taken in that regard. The Committee notes the Government’s statement that it has developed and implemented strategies and action plans in areas connected to child labour and child abuse. It notes that, according to the information available on the official site of the Ministry for Human Rights and Refugees, a national action plan for children in Bosnia and Herzegovina 2002–10 was adopted and implemented in the country, which, among others, aims at providing education to all children and to stop exploitation of children. The Committee requests the Government to provide information on the impact of the above national action plan on eliminating child labour. It also requests the Government to provide information on any other measures adopted by the Government for the effective abolition of child labour.

Article 2(1). 1. Scope of application. 1. Republika Srpska. The Committee had previously noted that, according to section 14 of the Labour Law of the Republika of Srpska 2000, a person who is under 15 years of age may not stipulate an employment contract. It had noted that the work performed outside the framework of an employment contract is excluded from the scope of application of the Labour Law. It had further noted the comments by the Confederation of Trade Unions of the Republika Srpska that there exists a huge problem of illegal work and that about 40 per cent of the workers’ work in the informal sector. The Committee had therefore requested the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment and work in the informal sector. The Committee notes the Government’s information that, pursuant to the legislation of the Republika Srpska, there is no possibility for self-employment of persons below 18 years as they cannot be registered for any business activity. It further notes the Government’s information that the labour inspection has been strict in implementing the prohibition on employment of persons younger than 15 years, and that no cases of child labour was found by the labour inspectors during the period from June 2008 to June 2010.

2. Brcko District. The Committee had previously noted that section 10 of the 2000 Labour Law (Brcko), which prohibits a person below the age of 15 years from concluding an employment contract, applies only to a contractual employment relationship. It had requested the Government to provide information on the manner in which those children not bound by an employment relationship, such as self-employed children, enjoy the protection afforded by the Convention. The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment and work in the informal sector.

2. Minimum age for admission to employment or work. Republika Srpska. The Committee had previously noted that according to section 14 of the Labour Law of the Republika Srpska, a child below 15 years of age may be employed where he/she has the general health ability to work. It had therefore requested the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned. The Committee notes the Government’s information that in accordance with section 14 of the Labour Law of the Republika Srpska, the general conditions for concluding an employment contract include a minimum age of 15 years and general health ability to work. Therefore, a child having good health conditions but who is under the age of 15 years shall not conclude an employment contract.

Article 2(3). Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that according to section 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, primary education is free and compulsory for all children and lasts for eight or nine years. According to section 16, compulsory education starts at the age of six years and continues for a period of eight years with an exception of nine years in the Republika Srpska, Brcko District and the Federation of Bosnia and Herzegovina. In principle, elementary-school enrolment may take place at any age between 5 and 7 years of age and hence there is no precise age of completion of compulsory education. It notes that, pursuant to section 16 of the Framework Law, this period of eight or nine years’ compulsory education may be completed between the ages of 13 and 15, the latter being the minimum age specified by the Government. The Committee notes, however, the statistical information provided by the Government according to which an estimated 95 per cent to 97 per cent of children continue secondary education after completing primary education.

Article 3(2). Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee had previously noted that according to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine the hazardous types of work prohibited to minors. The Committee notes the Government’s information that no regulation, pursuant to section 51, paragraph 2, has been passed. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore requests the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned. It requests the Government to provide information on any progress made in this regard.

2. Republika Srpska. The Committee notes the Government’s information that determining the hazardous types of work prohibited to young persons under 18 years of age shall be regulated by the provisions of sectoral or specific collective agreements. The Committee requests the Government to provide more detailed information on the procedure to be followed in the determination process as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

3. Brcko District. The Committee had previously noted that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15–18 years are determined by collective agreement. Noting that the Government has not replied to the comments made by the Committee previously, the Committee once again requests the Government to provide more detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. Following its previous comments, the Committee notes the Government’s information that work by children over 15 years for educational purposes is intended to provide practical training and vocational training in specific subjects provided for in the curricula. Such training is carried out in educational institutions for several school hours (45 minutes) or one day a week depending on the grade and is conducted under the supervision of the institution at which the child is educated. With regard to apprenticeship, the Government states that an apprentice is considered to be a person who has completed secondary education and does not include persons who are still in the educational process. The Committee notes the Government’s information that, in principle, an apprentice shall not be younger than 18 years.

Article 7. Light work. In its previous comments, the Committee had noted that the national legislation does not authorize light work. The Committee reminded the Government that pursuant to Article 7 of the Convention, national laws or regulations may permit light work for children between the ages of 13 and 15.

The Committee notes the Government’s information that the national labour legislations prohibit the employment of children younger than 15 years on any jobs including light work. According to section 207(2) of the Criminal Code of the Republika Srpska any parent, foster parent, custodian or any other persons who abuses minors or forces them to perform work or to beg or entices them to perform any other actions that are harmful to their development, shall be sentenced to three years of imprisonment. The Committee, nonetheless, observes that, according to the statistics on child labour provided by the “Understanding Children’s Work”, Multiple Indicator Cluster Survey, 2000 (UCW), in Bosnia and Herzegovina, 17.5 per cent of children aged between 5 and 14 years were engaged in an economic activity and the Multiple Indicator Cluster Survey, 2006 UCW, indicates that 8.9 per cent of children aged between 5 and 14 years are engaged in an economic activity. The Committee therefore once again draws the Government’s attention to Article 7(1), of the Convention which permits persons from the age of 13 years to engage in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7(3), of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 9(1). Penalties. 1. Federation of Bosnia and Herzegovina. The Committee had previously noted that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina which provides for penalties for various violations of the law does not indicate any penalties for the non-observance of the minimum age provisions. It had also noted the Government’s indication that an employment contract concluded with persons under the age of 15 years shall be invalid and shall be punishable according to the provisions of section 139a of the Labour Law of the Federation of Bosnia and Herzegovina. The Committee notes that according to section 139a of the Labour Law of the Federation of Bosnia and Herzegovina, “a fine from (Konvertibilna Marka) KM1,000 to KM10,000 shall be imposed on an employer who is a legal entity for an offence if: he fails to conclude the employment contract with an employee (Article 2), or; he discriminates against a person seeking employment and a person whom he has employed (Article 5)”. The Committee observes that section 139a provides for penalties for an employer who fails to conclude an employment contract with an employee and does not indicate any penalties for the non-observance of the minimum age provisions under section 15 of the Labour Law of the Federation of Bosnia and Herzegovina. The Committee therefore once again requests the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age, contrary to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina .

2. Brcko District. The Committee had previously noted the Government’s information that the Labour Law of the Brcko District provides for financial penalties for employers who conclude an employment contract with persons under the age of 15 years. It had requested the Government to indicate the provisions which provide for such penalties. The Committee notes the Government’s reference to section 111 of the Labour Law of the Brcko District which prescribes penalties for various violations of the law. The Committee notes, however, that this provision does not indicate any penalties for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15 years). The Committee therefore once again requests the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age, contrary to section 10 of the Labour Law of the Brcko District.

Article 9(3). Registers of employment. The Committee had previously noted the Government’s information that the Rulebook on Working Record Books (Official Gazette of the Federation of Bosnia and Herzegovina, Nos 42/00 and 53/00) and Instruction on the Working Record Books (Official Bulletin of the Republika Srpska, No. 22/96) regulates the entry of data into the working record book, including the date, month and year of birth of the employee. It had also noted that the procedure of working record books was under way for the Brcko District. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the Brcko District as soon as they have been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that in the Republika Srpska the labour inspection has been strict in implementing the minimum age provision and that no children under the age of 15 were found working during the reporting period. It also notes the information provided by the Government on the statistical data maintained by the Republic Statistics Institute of the Republika Srpska on the number of young persons employed. According to this data, in 2008, there were a total of 214 young persons between the ages of 15 and 18 who were employed in the Republika Srpska which is 0.11 per cent of the total number of employees, and in 2009, there were 95 persons, which is 0.05 per cent of the total number of employed persons. The Committee notes that the Government has supplied an aggregate report of the labour inspections and other inspections of the Federation of Bosnia and Herzegovina along with its report. However, it notes that this report does not contain any information with regard to the employment of children and young persons. The Committee requests the Government to continue providing statistical information on the employment of children and young persons in the Republika Srpska, as well as in the Federation of Bosnia and Herzegovina and the Brcko District. The Committee also requests the Government to provide extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously requested the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour. The Committee notes the Government’s statement that there was no need for separate policies or measures to address child labour as this is being implemented through labour legislation. The Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests the Government to pursue a national policy to effectively reduce and eliminate child labour and to provide information on measures taken in this regard.

Article 2, paragraph 1, of the Convention. 1. Scope of application. 1. Federation of Bosnia and Herzogovina. The Committee had previously noted that, section 15 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, which prohibits a person under 15 years from concluding a labour contract, appears to exclude work performed outside the framework of a contract of employment. The Committee had therefore asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes the Government’s information that pursuant to the legislation of Bosnia and Herzegovina, there is no possibility for self-employment of persons below 18 years as they cannot be registered for any business activity. The Government also adds that the problem of illegal work and the grey economy involving children and youth is addressed by way of labour inspection and other measures such as “black market labour control” conducted in 2007.

2. Republika Srpska. The Committee had previously noted that according to section 14 of the Labour Law of Republika Srpska 2000, a person who is under 15 years of age may not stipulate an employment contract. It had noted that the work performed outside the framework of an employment contract is excluded from the scope of application of the Labour Law. The Committee further noted the comments by the Confederation of Trade Unions of the Republika Srpska that there exists a huge problem of illegal work and that about 40 per cent of the workers work in the informal sector. It accordingly had requested the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a contract of employment, such as self-employment and work in the informal sector. The Committee notes the absence of information in the Government reports. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment and work in the informal sector.

3. District of Brcko. The Committee had previously noted that section 10 of the 2000 Labour Law (Brcko) which prohibits a person below the age of 15 years from concluding an employment contract, applies only to a contractual employment relationship and had requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes that the Government’s reports do not contain any information on this point. The Committee once again requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as self-employed children, enjoy the protection provided for in the Convention.

2. Minimum age for admission to employment or work. Republika Srpska. Noting that, according to section 14 of the Labour Law of the Republika Srpska, a child below 15 years of age may be employed where he/she has the general health ability to work, the Committee had requested the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned. The Committee notes that the Government’s reports have no information on this point. The Committee once again reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation, except for light work as provided under Article 7 of the Convention. The Committee therefore once again requests the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of the children concerned.

Article 2, paragraph 3. Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that, according to the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, a child shall be deemed to be any person who has completed the age of 18 years. It also notes the information provided by the Government on the laws governing education in the Federation of Bosnia and Herzegovina. The Committee asks the Government to provide information on the legislation applicable to education in the Republika Srpska and the district of Brcko and to supply copies of the relevant texts. It once again requests the Government to indicate the age of completion of compulsory schooling in the Federation of Bosnia and Herzegovina, the Republic Srpska and the District of Brcko.

Article 3, paragraph 2. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. In its previous comments, the Committee had noted that according to section 51(2) of the Labour Law, the federal Ministry shall issue a separate regulation to determine the hazardous types of work prohibited to minors. It had requested the Government to indicate whether any such regulation has been issued pursuant to the above provisions. The Committee notes that the Government reports do not contain any information on this point. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore once again requests the Government to indicate whether the federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

2. Republika Srpska. The Committee had previously noted that pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement under law. Noting that the Government has not replied to the Committee’s previous comments, the Committee once again requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and to supply a copy thereof. It also asks the Government to provide information on the procedure for determining hazardous types of work by collective agreement.

3. District of Brcko. The Committee had previously noted that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15–18 years are determined by collective agreement. Noting that the Government has not replied to the comments made by the Committee previously, the Committee once again requests the Government to provide more detailed information on the procedure to be followed in the determination process as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that sections 29 and 30 of the Labour Law of the Republika Srpska provide for the conclusion of an employment contract with an apprentice, defined as a person employed for the first time after having completed secondary or high school. It had requested the Government to provide information on the minimum age for admission to apprenticeships. The Committee notes the Government’s information that in Bosnia and Herzegovina persons over 15 years of age are permitted to carry out practical work for the purpose of education in compliance with the educational programmes. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for work by children of over 15 years for educational purposes, as well as on the general system of apprenticeships. It also requests the Government to supply a copy of the relevant legislation.

Article 7. Light work. The Committee had previously noted that there is no exception to the general minimum age of 15 years, even for light work. It had requested the Government to indicate whether in practice children under the age of 15 years are employed for light work activities. It notes the Government’s information that persons aged 15 years and who have not completed their compulsory education are allowed to work provided that such work does not have a harmful effect on their physical and psychological health, development and education. The Committee nonetheless observes that, according to the statistics on child labour provided by the UCW (Understanding Children’s Work, Multiple Indicator Cluster survey, 2000), in Bosnia and Herzegovina, 17.5 per cent of children aged between 5 to 14 years are engaged in an economic activity. The Committee recalls that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 9, paragraph 1. Penalties. 1. Federation of Bosnia and Herzegovina. Noting that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina which provides for penalties for various violations of the law does not indicate any penalties for the non-observance of the minimum age provisions, the Committee had requested the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age, contrary to section 15 of the Labour Law. The Committee notes the Government’s information that according to the provisions of the Labour Law, an employment contract concluded with persons under the age of 15 years shall be invalid which means that an employment agreement has not been concluded with the employee at all, and which shall be punishable according to the provisions of section 139a of the Labour Law of the Federation of BiH. The Committee requests the Government to provide information on the penalties prescribed for the violation of the minimum age provisions as per section 139a of the Labour Law of the Federation of Bosnia and Herzegovina and to provide a copy of the text.

2. District of Brcko. Noting the absence of penalties for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15 years), the Committee had requested the Government to indicate the applicable penalty for concluding an employment contract with persons under the age of 15 years. The Committee notes the Government’s information that the Labour Law of the district of Brcko provides for financial penalties for employers who conclude an employment contract with persons under the age of 15 years. The Committee requests the Government to indicate which provisions of the Labour Law provide for penalties for concluding an employment contract with a person under the age of 15 years contrary to section 10 of the Labour Law and to supply a copy of the same.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s information that the Rulebook on Working Record Books (Official Gazette of the Federation of BiH, Nos. 42/00 and 53/00) and Instruction on the Working Record Books (Official Bulletin of the Republic of Srpska, No. 22/96) regulates the entry of data into the working record book, including the date, month and year of birth of the employee. It also notes that the procedure of working record books is underway for the district of Brcko. The Committee requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the district of Brcko as soon as they have been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that no statistics on the employment of children and young persons, nor excerpts from reports of inspection services on the figures and nature of violence reported are available. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data is in the early stages of compilation.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the absence of information on this point. It requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour.

Article 2, paragraph 1. 1. Scope of application. 1. Federation of Bosnia and Herzegovina. The Committee notes that, according to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, no person shall conclude a contract of employment with a person who is under the age of 15. The Labour Law therefore appears to exclude work performed outside the framework of a contract of employment, such as self-employment from its scope of application. The Committee recalls that the Convention requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract. It asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska of 2000, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. Therefore, work performed outside the framework of an employment contract appears to be excluded from its scope of application. The Committee also notes that, according to the Confederation of Trade Unions of the Republika Srpska, a huge problem is illegal work and the grey economy – informal sector workers go beyond the rate of 40 per cent. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a contract of employment, such as self-employment and work in the informal sector.

3. District of Brcko. The Committee notes that section 10 of the 2000 Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. Section 10 therefore appears to be limited to a contractual employment relationship. The Committee recalls that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including self-employment. It requests the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship.

2. Minimum age for admission to employment or work. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, employment relations may be established only with persons who are at least 15 years of age, in conformity with the minimum age of 15 specified by the Government at the time of ratification. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. The Committee observes that this provision appears to indicate that a child below 15 years of age may be employed where he/she has the general health ability to work. The Committee reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. It requests the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned.

3. District of Brcko. The Committee notes that section 10 of the Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. It takes due note of this information.

Article 2, paragraph 3. Compulsory schooling. The Committee notes that, according to the Government’s Initial Report to the Committee on the Rights of the Child (CRC/C/11/Add.28 of 14 October 2004, paragraphs 38, 256-267), all children are obliged to attend elementary school for eight years. Elementary education is obligatory, free and available under the same conditions for all children. Secondary education forms part of the overall educational system and is available under the same conditions to all pupils who have completed elementary school. Specialized education for professional work lasts one year after secondary education, which itself lasts three or four years depending on the type of school. The Committee requests the Government to indicate the age of completion of compulsory schooling. It also asks the Government to provide information on the legislation applicable to education in the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko and to supply copies of the relevant texts.

Article 3, paragraph 2. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 32 of the Labour Law of the Federation of Bosnia and Herzegovina prohibits overtime work for minor employees. Section 36 restricts night work of such employees. The Committee also notes that pursuant to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine hazardous types of work prohibited to minors. In this regard, the Committee recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether the Federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

2. Republika Srpska. The Committee notes that sections 42 and 46 of the Labour Law of the Republika Srpska prohibit overtime and night work of persons under 18 years of age. It also notes that, pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement under the law. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and to supply a copy thereof. It also asks the Government to provide information on the procedure for determining hazardous types of work by collective agreement.

3. District of Brcko. The Committee notes that section 28 of the Labour Law (Brcko) prohibits night work for persons aged 15-18 years. It also notes that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15-18 years are determined by collective agreement. The Committee requests the Government to provide more detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s indication that the terms pursuant to Article 6 of the Convention are established in separate regulations in the area of education for children and youth. It also notes that sections 29 and 30 of the Labour Law of the Republika Srpska provide for the conclusion of an employment contract with an apprentice, defined as a person employed for the first time after having completed secondary or high school. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for work by children, including those aged below 15 years, in schools for general, vocational or technical education or in other training institutions, as well as on the general systems of apprenticeships and the minimum age for admission to apprenticeships, and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee notes the Government’s information that in Bosnia and Herzegovina there is no option to employ persons younger than 15 years of age, and therefore no exceptions exist. The Committee requests the Government to indicate whether in practice children under the age of 15 are employed for light work activities. 

Article 8. Artistic performances. The Committee notes the Government’s statement that the existing regulations do not envisage any exemptions in terms of Article 8 of the Convention. It draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Article 9, paragraph 1. Penalties. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina provides for a penalty 1,000 to 10,000 convertible marks (KM) for various violations of the Law, inter alia, for overtime and night work of minor employees and for violations of section 51 (prohibition of hazardous types of work). However, it notes that section 140 does not indicate penalties for non-observance of the minimum age of employment (section 15 of the Labour Law). The Committee asks the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age contrary to section 15 of the Labour Law.

2. Republika Srpska. The Committee notes that section 150 of the Labour Law of the Republika Srpska provides in section 150 for fines of 1,000 to 10,000 KM for violations of the labour legislation on, inter alia, working hours, violation of section 69 (prohibition of hazardous work) and failure to comply with section 14 (prohibition to conclude an employment contract with a person under 15 years). The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 111 of the Labour Law (Brcko) provides for a penalty of 1,000 to 7,000 KM for various violations of the labour legislation, including the violation of night work regulations. Subsection (2) of section 111 stipulates that for any violation of Labour Law provisions in respect of persons aged 15-18, the minimum and maximum penalty will be doubled. However, there appears to be no penalty for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15). The Committee requests the Government to indicate the applicable penalty for concluding an employment contract with a person under the age of 15 contrary to section 10 of the Labour Law.

Article 9, paragraph 3. Registers of employment. 1. Federation of Bosnia and Herzegovina The Committee notes that sections 133-135 of the Labour Law of the Federation of Bosnia and Herzegovina provide for the keeping of a work record card. According to section 133(4), the Federal Minister shall issue the regulation on the work record card which will regulate, inter alia, its content and the method of keeping the registry book of issued work record cards. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Laws of the Federation of Bosnia and Herzegovina and the manner in which it is applied in practice. In particular, it requests the Government to indicate whether a work card or the registry book contains the names and ages or dates of birth of persons under the age of 18, as required by Article 9, paragraph 3, of the Convention.

2. Republika Srpska. The Committee notes that sections 145-148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. The Ministry in charge of labour-related issues prescribes the format of the work booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska and to specify whether a work booklet contains the name and age or date of birth of a person under the age of 18, as required by Article 9, paragraph 3, of the Convention.

3. District of Brcko. The Committee notes that sections 106-108 of the Labour Law (Brcko) provide for keeping a labour booklet. The Committee recalls that Article 9(3) of the Convention provides that national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the District of Brcko including information on the content of the labour booklet.

Part III of the report form. The Committee notes the Government’s statement that the inspection supervision over the implementation of laws and international treaties in the labour and employment area is conducted by the labour inspections. The scope of work and organization of the labour inspections is defined by the Laws on Administration and Laws on Labour Inspection. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data are in the early stages of compilation.

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

The Committee notes the Government’s first report and the comments of the Confederation of Trade Unions of the Republika Srpska enclosed with the Government’s report. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the absence of information on this point. It requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour.

Article 2, paragraph 1. 1. Scope of application. 1. Federation of Bosnia and Herzegovina. The Committee notes that, according to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, no person shall conclude a contract of employment with a person who is under the age of 15. The Labour Law therefore appears to exclude work performed outside the framework of a contract of employment, such as self-employment from its scope of application. The Committee recalls that the Convention requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract. It asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska of 2000, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. Therefore, work performed outside the framework of an employment contract appears to be excluded from its scope of application. The Committee also notes that, according to the Confederation of Trade Unions of the Republika Srpska, a huge problem is illegal work and the grey economy - informal sector workers go beyond the rate of 40 per cent. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a contract of employment, such as self-employment and work in the informal sector.

3. District of Brcko. The Committee notes that section 10 of the 2000 Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. Section 10 therefore appears to be limited to a contractual employment relationship. The Committee recalls that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including self-employment. It requests the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship.

2. Minimum age for admission to employment or work. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, employment relations may be established only with persons who are at least 15 years of age, in conformity with the minimum age of 15 specified by the Government at the time of ratification. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. The Committee observes that this provision appears to indicate that a child below 15 years of age may be employed where he/she has the general health ability to work. The Committee reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. It requests the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned.

3. District of Brcko. The Committee notes that section 10 of the Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. It takes due note of this information.

Article 2, paragraph 3. Compulsory schooling. The Committee notes that, according to the Government’s Initial Report to the Committee on the Rights of the Child (CRC/C/11/Add.28 of 14 October 2004, paragraphs 38, 256-267), all children are obliged to attend elementary school for eight years. Elementary education is obligatory, free and available under the same conditions for all children. Secondary education forms part of the overall educational system and is available under the same conditions to all pupils who have completed elementary school. Specialized education for professional work lasts one year after secondary education, which itself lasts three or four years depending on the type of school. The Committee requests the Government to indicate the age of completion of compulsory schooling. It also asks the Government to provide information on the legislation applicable to education in the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko and to supply copies of the relevant texts.

Article 3, paragraph 1. Minimum age for admission to hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee notes that under section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, the employment of a person between the age of 15 and 18 (hereinafter referred to as a "minor") shall be conditional upon that person providing a certificate from a recognized medical practitioner or institution attesting that his health is sufficient to perform the job. Section 51 of the Labour Law further states that a minor may not work on particularly hard manual works, work underground or under water, nor on other jobs which could have a harmful effect or increased risk to his life or health, development or moral, given his psycho-physical qualities. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that section 14 of the Labour Law of the Republika Srpska stipulates that a person under 18 years of age may not conclude an employment contract to work on the jobs entailing increased danger of injuries or increased harmfulness for health. Section 69 of the Labour Law provides that "a worker under 18 years of age may not be assigned to work on particularly hard manual works, work underground or under water, nor in other jobs which might have a harmful effect or increased risk to his or her life or health or psycho-physical development". The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 41(1) of the Labour Law (Brcko) provides that persons aged 15-18 years may not perform dangerous work such as heavy physical work, work under ground or under water, or any other work that is detrimental to their life, health, physical development or morals. It takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 32 of the Labour Law of the Federation of Bosnia and Herzegovina prohibits overtime work for minor employees. Section 36 restricts night work of such employees. The Committee also notes that pursuant to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine hazardous types of work prohibited to minors. In this regard, the Committee recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether the Federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

2. Republika Srpska. The Committee notes that sections 42 and 46 of the Labour Law of the Republika Srpska prohibit overtime and night work of persons under 18 years of age. It also notes that, pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement under the law. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and to supply a copy thereof. It also asks the Government to provide information on the procedure for determining hazardous types of work by collective agreement.

3. District of Brcko. The Committee notes that section 28 of the Labour Law (Brcko) prohibits night work for persons aged 15-18 years. It also notes that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15-18 years are determined by collective agreement. The Committee requests the Government to provide more detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s indication that the terms pursuant to Article 6 of the Convention are established in separate regulations in the area of education for children and youth. It also notes that sections 29 and 30 of the Labour Law of the Republika Srpska provide for the conclusion of an employment contract with an apprentice, defined as a person employed for the first time after having completed secondary or high school. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for work by children, including those aged below 15 years, in schools for general, vocational or technical education or in other training institutions, as well as on the general systems of apprenticeships and the minimum age for admission to apprenticeships, and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee notes the Government’s information that in Bosnia and Herzegovina there is no option to employ persons younger than 15 years of age, and therefore no exceptions exist. The Committee requests the Government to indicate whether in practice children under the age of 15 are employed for light work activities.  

Article 8. Artistic performances. The Committee notes the Government’s statement that the existing regulations do not envisage any exemptions in terms of Article 8 of the Convention. It draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Article 9, paragraph 1. Penalties. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina provides for a penalty 1,000 to 10,000 convertible marks (KM) for various violations of the Law, inter alia, for overtime and night work of minor employees and for violations of section 51 (prohibition of hazardous types of work). However, it notes that section 140 does not indicate penalties for non-observance of the minimum age of employment (section 15 of the Labour Law). The Committee asks the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age contrary to section 15 of the Labour Law.

2. Republika Srpska. The Committee notes that section 150 of the Labour Law of the Republika Srpska provides in section 150 for fines of 1,000 to 10,000 KM for violations of the labour legislation on, inter alia, working hours, violation of section 69 (prohibition of hazardous work) and failure to comply with section 14 (prohibition to conclude an employment contract with a person under 15 years). The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 111 of the Labour Law (Brcko) provides for a penalty of 1,000 to 7,000 KM for various violations of the labour legislation, including the violation of night work regulations. Subsection (2) of section 111 stipulates that for any violation of Labour Law provisions in respect of persons aged 15-18, the minimum and maximum penalty will be doubled. However, there appears to be no penalty for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15). The Committee requests the Government to indicate the applicable penalty for concluding an employment contract with a person under the age of 15 contrary to section 10 of the Labour Law.

Article 9, paragraph 3. Registers of employment. 1. Federation of Bosnia and Herzegovina The Committee notes that sections 133-135 of the Labour Law of the Federation of Bosnia and Herzegovina provide for the keeping of a work record card. According to section 133(4), the Federal Minister shall issue the regulation on the work record card which will regulate, inter alia, its content and the method of keeping the registry book of issued work record cards. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Laws of the Federation of Bosnia and Herzegovina and the manner in which it is applied in practice. In particular, it requests the Government to indicate whether a work card or the registry book contains the names and ages or dates of birth of persons under the age of 18, as required by Article 9, paragraph 3, of the Convention.

2. Republika Srpska. The Committee notes that sections 145-148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. The Ministry in charge of labour-related issues prescribes the format of the work booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska and to specify whether a work booklet contains the name and age or date of birth of a person under the age of 18, as required by Article 9, paragraph 3, of the Convention.

3. District of Brcko. The Committee notes that sections 106-108 of the Labour Law (Brcko) provide for keeping a labour booklet. The Committee recalls that Article 9(3) of the Convention provides that national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the District of Brcko including information on the content of the labour booklet.

Part III of the report form. The Committee notes the Government’s statement that the inspection supervision over the implementation of laws and international treaties in the labour and employment area is conducted by the labour inspections. The scope of work and organization of the labour inspections is defined by the Laws on Administration and Laws on Labour Inspection. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data are in the early stages of compilation.