Holidays with Pay Convention (Revised), 1970 (No. 132) - Bosnia and Herzegovina (Ratification: 1993)

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

Articles 7 and 11 of the Convention. Payment of the normal or average remuneration before the annual holiday. Unused leave upon termination of employment. The Committee notes the Government’s indication that a draft labour law is under preparation in the Federation of Bosnia and Herzegovina and that it is expected to include specific provisions on the calculation of holiday pay (Article 7(1)) and cash compensation for any unused leave upon termination of employment (Article 11). The Committee requests the Government to keep the Office informed of any progress made in this respect and to transmit a copy of the amended labour law once it has been adopted. The Committee also requests the Government to provide a copy of the general collective agreement of the Republika Srpska.

Moreover, the Committee notes the comments of the Confederation of Trade Unions of Republika Srpska according to which, in some cases, workers are not allowed to take their annual paid holiday on the grounds of an increased volume of work, until the seventh month of the following year, at which time the holiday may no longer be taken according to the regulations. The Confederation also refers to annual surveys it has been conducting, the latest of which shows that one in every three workers employed in manufacturing industries did not use the full period of annual leave and that 85 per cent of these workers used their holiday to work and increase their income. The Confederation denounces the harmful effect of such practices on the workers’ health and calls for the strengthening of enforcement mechanisms in this respect. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the Confederation of Trade Unions of Republika Srpska.

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

Article 5, paragraph 4, of the Convention. Absences from work for reasons beyond the control of the employed person. Further to its previous comment, the Committee notes the Government’s indication that sections 57–60 of the Labour Code of the Republika Srpska give effect to Article 5 of the Convention. However, these sections do not provide that absence from work for reasons beyond the control of the employed person concerned, such as absence due to illness, injury or maternity, must be counted as part of the minimum period of service required for entitlement to annual holiday with pay. The Committee requests the Government to indicate the measures adopted or envisaged to bring the legislation into conformity with the provisions of the Convention on this matter.

Article 7, paragraph 1. Payment of the normal or average remuneration during holidays with pay. The Committee notes the indication that during holidays employed persons receive their normal or average remuneration, with the exception of the compensation due in respect of meals. It also notes that clause 19 of the general collective agreement provides for an additional bonus of 50 per cent of the average net salary earned the month prior to the payment of the bonus by all employees on condition that the employer did not make a loss the previous year. The Committee requests the Government to provide a copy of the general collective agreement.

Article 7, paragraph 2. Payment of remuneration before the holiday. The Committee notes the Government’s indication that labour laws do not contain a specific provision requiring the payment of the amounts due in respect of paid holidays to the person concerned prior to the leave, but that in practice employed persons receive their holiday bonus at the same time as their wage. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that workers receive the remuneration in respect of their annual holidays in advance of the holiday, as required by this Article of the Convention.

Article 10. Fixing the time at which the holiday is to be taken. The Committee notes the indication that, with regard to the fixing of the time when the holiday is to be taken, section 23 of the Law on Works Councils of the Federation of Bosnia and Herzegovina envisages mandatory consultations with employers concerning the scheduling of annual leave. It also notes the indication that sections 93–95 of the Labour Code of the District of Brcko govern the competence of works councils in negotiations with employers on employee rights. The Committee requests the Government to provide a copy of the Law on Works Councils of the Federation of Bosnia and Herzegovina.

Article 11. Compensatory pay or equivalent holiday credit. The Committee notes the indication that in practice employers ensure that leave is taken before the termination of the employment contract or that unused leave is transferred to the next firm based on agreement with the new employer. The Committee requests the Government to indicate the measures adopted or envisaged to bring the legislation into full conformity with this provision of the Convention.

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

Article 3 of the Convention. Entitlement of workers to annual paid holiday. The Committee notes that the Government’s report does not contain any information concerning the observations made by the Confederation of Trade Unions of the Republika Srpska concerning the serious problems of application of the labour legislation in Bosnia and Herzegovina. The Committee recalls that in these observations the Confederation denounced the fact that very often workers cannot take their annual holiday within the prescribed time limit due to work requirements and therefore accumulate unused days of leave that they eventually lose due to the fact that employers refuse to grant any holidays after these time limits. The Confederation also referred to the absence of regulations on hours of work, weekly rest and annual leave in the informal sector, which is problematic as this sector employs over 40 per cent of the active population. The Committee once again requests the Government to provide its comments on these matters so that they can be examined at the Committee’s next session.

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

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

The Committee notes with interest the Government’s first detailed report on the application of the Convention and wishes to draw its attention to the following points.

Article 5, paragraph 4, of the Convention. The Committee notes that whereas section 42 of the Labour Law of the Federation of Bosnia and Herzegovina and section 33 of the Labour Law of the Brcko district expressly provide that absence from work due to temporary incapacity, maternity, military service or other leave not conditioned by the will of the employee may not be considered as a suspension of the qualifying period of service, no similar provision seems to exist in the labour legislation of the Republika Srpska. The Committee therefore requests the Government to clarify how it is ensured in this entity that absence from work for reasons beyond the worker’s control such as illness, injury or maternity must be counted as part of the qualifying period of service.

Article 7, paragraph 1. The Committee notes that only section 59 of the Labour Law of the Republika Srpska specifically provides that a worker is entitled to salary compensation in the amount of a full salary during annual leave, while section 41 of the Labour Law of the Federation of Bosnia and Herzegovina and section 32 of the Labour Law of the Brcko district merely refer to "paid" annual leave without any further precisions. The Committee therefore asks the Government to indicate how it is ensured in these two entities that workers on annual leave receive in respect of the full period of that leave at least their normal or average remuneration, as required under this Article of the Convention.

Article 7, paragraph 2. The Committee notes that there seems to exist no legislative provision in any of the three entities specifically requiring holiday pay to be remitted to the person concerned in advance of the holiday. It therefore asks the Government to provide clarifications in this regard.

Article 9, paragraph 2. The Committee notes that the labour laws of the three entities do not seem to regulate the possibility of deferring any part of the annual holiday which exceeds a specified minimum beyond the 18-month period and up to a further specified time limit. The Government is therefore requested to provide additional information in this respect.

Article 10. The Committee notes that under section 56 of the Labour Law of the Republika Srpska, while making an annual leave schedule for the enterprise, an employer may take into consideration justified wishes of workers and when necessary he/she may also request the works council or trade union to give their proposals on such schedule. However, no similar provisions appear to exist in the labour laws of the Federation of Bosnia and Herzegovina or the Brcko district. The Committee therefore requests the Government to indicate the legal provisions giving effect to this Article of the Convention in these two entities.

Article 11. The Committee notes that there appears to be no provisions dealing with workers’ compensation for unused annual leave upon termination of employment. The Government is therefore requested to explain how this matter is regulated in law and practice.

Part V of the report form. The Committee would be grateful if the Government could supply general information on the manner in which the Convention is applied in practice in the three territorial entities of Bosnia and Herzegovina, including for instance statistics on the number of workers (broken down by sex and age) covered by the relevant legislation, extracts from reports of the inspection services showing 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 the Convention, the ratification of which was registered in 1993, has now been received. It also notes the observations made by the Confederation of Trade Unions of the Republika Srpska referring to serious problems of implementation of the labour laws in the territory of Bosnia and Herzegovina. According to these comments, workers often cannot take their annual leave within the prescribed time limit due to work requirements and therefore accumulate days of unused leave which are eventually lost since employers refuse to grant any holidays after such time limit. The workers’ organization also refers to the problem of the grey economy or informal sector which represents well beyond 40 per cent of the workforce and which leaves matters such as working hours, weekly rest or annual leave totally unregulated. The Committee asks the Government to transmit any comments it may wish to make with regard to the observations of the Confederation of Trade Unions of the Republika Srpska 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.