Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bosnia and Herzegovina (Ratification: 1993)

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

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Further to its previous comments, the Committee notes the Government’s explanations that the Law of the Federation of Bosnia and Herzegovina on Crafts and the Laws of the Republika Srpska on Trade and Hospitality, which provide for special working hour schedules for retail shops, tourists agencies, banking services and handicrafts, do not compromise the workers’ right to weekly rest, it being understood that when special arrangements are in place the employee will have to make use of his right on another day of the week, except Sunday. The Committee recalls, in this connection, that according to the spirit of the Convention, workers who may be subject to special weekly rest schemes, should not be deprived of the weekly rest periods to which they are entitled for unreasonably long periods. In fact, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), indicates that persons covered by special weekly rest schemes should not work for more than three weeks without receiving the rest periods to which they are entitled.

In addition, the Committee notes the Government’s indication that a preliminary draft labour law is under preparation in the Federation of Bosnia and Herzegovina and that it should include provisions prescribing the specific circumstances under which temporary exemptions to the weekly rest day may be permitted. As regards the Republika Srpska, the Committee notes that the Government is prepared to adopt similar provisions, in consultation with the social partners, in order to specify the cases in which an employer may exceptionally require an employee to work on the day of weekly rest. The Committee hopes that in the current context of legislative reform, the Government will take steps so that the new labour laws of the two entities give full effect to the requirements of the Convention regarding the two points raised above, and requests the Government to keep the Office informed of any progress made in this respect.

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

Article 7 of the Convention. Permanent exemptions. The Committee notes the Government’s reference to the Law of the Federation of Bosnia and Herzegovina on Crafts, and the Laws of the Republika Srpska on Trade and on Hospitality, which provide for specific schedules of working hours, including working hours on public holidays and days of weekly rest, for persons and enterprises involved in certain types of economic activity such as retail sale, tourist agencies, handicrafts, banking services, etc. According to these laws, the separate daily and weekly working time arrangements are to be determined by cantonal, municipal and other local self-administration authorities. The Committee would appreciate receiving copies of those laws and of any regulations which may have been issued at the cantonal or municipal levels establishing special weekly rest schemes for specific categories of persons or specific types of establishments. It would also be grateful if the Government could specify the legal provisions guaranteeing that the persons subject to special weekly rest schemes are entitled, in respect of each period of seven days, to 24 hours’ rest, as prescribed by this Article of the Convention.

Article 8. Temporary exemptions. The Committee notes the Government’s indication that the assessment of the necessity to work on a day of weekly rest is left to the individual employer and that the labour laws do not specify the circumstances in which temporary exemptions may be granted. The Committee is bound to observe in this regard that the Convention allows temporary exemptions only for limited and well-defined reasons, i.e. accident, force majeure or urgent work to premises and equipment; abnormal pressure of work due to special circumstances; risk for perishable goods. It therefore requests the Government to take appropriate legislative action to ensure that temporary exemptions from the general rule on weekly rest are authorized only in the cases specified in Article 8, paragraph 1, of the Convention.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the number of persons employed in the administration and trade sectors of the Federation of Bosnia and Herzegovina and the Republika Srpska. The Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention, including labour inspection results showing the number of infringements observed and the penalties imposed, copies of collective agreements containing provisions on weekly rest, etc.

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

Article 6 of the Convention. Weekly rest period. The Committee recalls the observations previously submitted by the Confederation of Independent Trade Unions of Bosnia and Herzegovina according to which the majority of employers contravene the provisions of the labour legislation by preventing workers from using their weekly rest and by imposing working schedules that amount to 260 or more monthly hours. In similar comments submitted by the Confederation of Trade Unions of the Republika Srpska, it was indicated that those employed in commerce, who are principally female employees, enjoy no weekly rest given the fact that stores remain open almost around the clock. In its reply, the Government states that all workers have access to inspection bodies as well as to courts in case of violation of the labour legislation, which guarantees effective protection of their rights. The Committee wishes to recall in this connection that, beyond the legislative conformity with the requirements of the Convention, the Government bears also responsibility for its application in practice, and therefore needs to take all appropriate measures, including adequate inspection and truly dissuasive sanctions, to ensure effective implementation and compliance. The Committee therefore asks the Government to provide in its next report more detailed information, including all available statistical data, on the nature and extent of the problems referred to by the two workers’ organizations and to describe any concrete steps taken or envisaged in order to prevent and punish the violations of the labour legislation in respect of weekly rest.

The Committee is also addressing a request on certain other points directly to the Government.

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

The Committee notes with interest the Government’s first report on the application of the Convention. It would like to have further information on the following points.

Article 6, paragraph 4, of the Convention. The Committee would be grateful if the Government would indicate the manner in which respect for the traditions and customs of religious minorities is ensured as far as possible with regard to weekly rest.

Article 7. The Committee requests the Government to provide concrete information on the specific categories of persons or establishments covered by special weekly rest schemes, due to the nature of the work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed. The Committee also requests the Government to clarify whether such systems, if they exist, are developed with regard being paid to all proper social and economic considerations, as required by this Article of the Convention. Moreover, the Committee notes that, under the terms of section 39 of the Labour Code of the Federation of Bosnia and Herzegovina, section 50 of the Labour Code of the Republika Srpska and section 31 of the Labour Code of the district of Brcko, should it be necessary for the employee to work on a rest day, the employer must reach an agreement with that employee on a date for the compensatory rest day. In this regard, the Committee recalls that, the weekly rest being essential to the health and welfare of workers, the latter should not be deprived of the right to a weekly rest for overly long periods. The Committee refers to paragraph 3(a) of Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom such special schemes apply do not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 8. The Committee notes that the Labour Codes of the three territorial entities of the country refer to the possibility of working on the weekly rest day, if necessary, without indicating the exact circumstances in which such work might be required, for example, in cases of accidents, exceptional cases of pressure of work or to prevent the loss of perishable goods. The Committee therefore requests the Government to indicate the conditions in which temporary exemptions can be authorized and to indicate the manner in which the representatives of employers and workers are consulted in order to determine the cases in which such exemptions can be granted.

Article 12. The Committee requests the Government to indicate whether collective agreements are in place that guarantee more favourable conditions with regard to weekly rest than those envisaged by the legislation and, should this be the case, to provide it with copies of such legislation.

Part V of the report form. The Committee would be grateful if the Government would provide general information on the manner in which the Convention is applied in practice providing, for example, extracts from inspection services reports, the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

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

The Committee notes with interest that the Government’s first detailed report on the application of this Convention, the instrument of ratification of which was registered in 1993, has now been received. It also notes the observations made by the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH), originally transmitted on its behalf by the International Confederation of Free Trade Unions (ICFTU), concerning the application of the Convention. According to the allegations of the SSSBiH, the majority of employers contravene the provisions of the labour legislation by preventing workers from using their weekly rest and by imposing working schedules that amount to 260 or more hours monthly. The Committee further notes the comments made by the Confederation of Trade Unions of the Republika Srpska according to which those employed in commerce, who are principally female employees, enjoy no weekly rest given the fact that stores remain open almost round-the-clock. The Committee asks the Government to transmit any comments it may wish to make with regard to the observations of the two workers’ organizations so that these points be examined at its next session.

The Committee is also addressing a request on certain other points directly to the Government.