Private Employment Agencies Convention, 1997 (No. 181) - Bosnia and Herzegovina (Ratification: 2010)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(1)(b) of the Convention. Definitions and application of the Convention in practice. The Government indicates in its report that, while 34 private employment agencies are registered in the Federation of Bosnia and Herzegovina, private employment agencies do not offer services under Article 1(1)(b) of the Convention. The Committee requests the Government to continue to provide information on the application of the Convention in all entities of the country. Please also supply extracts from inspection reports and, if such statistics exist, information on the number of workers covered by the measures giving effect to the Convention and on the number and nature of infringements reported.

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Government states that since 2011 a Social Safety Nets and Employment Support Project (SSNESP), financed by the World Bank, is being implemented in the country. In the Republika Srpska, the Employment Bureau and private mediation agencies are implementing the SSNESP. The Committee requests the Government to provide information on the impact of the SSNESP, such as the number of jobs created through private employment agencies. Please also provide information on other special services or targeted programmes designed to assist the most disadvantaged jobseekers in the Republika Srpska and in the Federation of Bosnia and Herzegovina.

Article 8(1). Migrant workers. The Government indicates that migrant workers employed within the Federation of Bosnia and Herzegovina and the Republika Srpska are protected by law whether they are employed through private employment agencies or not. With respect to the Republika Srpska, it adds that labour inspections have not found violations in the employment of migrant workers. The Committee requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited in Bosnia and Herzegovina by private employment agencies. It also requests the Government to continue to provide information on the results of labour inspections in a migratory context for the Federation of Bosnia and Herzegovina (Article 14(2)).

Article 8(2). Bilateral agreements. The Government indicates that a bilateral agreement on temporary employment with the Republic of Serbia has been concluded. An agreement has also been concluded with the Republic of Slovenia. Moreover, an agreement with the State of Qatar, which aims at employment in the Gulf country, has not yet entered into force. The Committee notes from the report that the Government is currently in negotiations for bilateral agreements with Montenegro and the Russian Federation. The Committee requests the Government to provide information on the progress of negotiations aimed at concluding bilateral agreements and on the implementation of existing bilateral agreements concluded by Bosnia and Herzegovina to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes from the report that the Employment Bureau and cantonal employment services in the Federation of Bosnia and Herzegovina recognize the role played by private employment agencies in improving the functioning of the labour market, and they cooperate through the joint organization of job fairs. Private employment agencies also receive information about jobseekers from the Employment Bureau. Further development is a focus of the Youth Employment Programme for which a memorandum of understanding and cooperation has been signed between the Employment Bureau and private agencies. As part of the SSNESP pilot project, activities were launched to establish cooperation between the public employment service and private employment agencies. In the Republika Srpska, cooperation under section 15 of the Law on Mediation in Employment mainly comprises of private mediation agencies obtaining information on vacancies and jobseekers from the Employment Institute. The Committee requests the Government to provide further information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies and please specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. With respect to the Republika Srpska, the Government indicates that the Law on Mediation in Employment provides for penalties (between 1,000 and 5,000 Bosnia and Herzogovinan convertible marka (BAM)) for natural and legal persons engaged in mediation if they charge fees to jobseekers. Penalties of the same amount are foreseen for non-authorized mediation activities. In the Federation of Bosnia and Herzegovina, information was provided with regard to the supervision of private mediation agencies. The Committee requests the Government to continue to provide information on adequate remedies available in all the entities, including the Brčko District. Please also provide information on the manner in which penalties are provided for and effectively applied against agencies committing violations concerning the applicable legislation.

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

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It notes that issues related to the activities of private employment agencies were included in the report for the Federation of Bosnia and Herzegovina and for the Republika Srpska. It further notes that there are 24 private employment agencies registered in the Federation of Bosnia and Herzegovina in accordance with the regulation on private agencies for mediation in employment. The Committee invites the Government to indicate in its next report how the Convention is applied in the Brcko District. It also invites the Government to include extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Committee invites the Government to indicate whether there are special services or targeted programmes designed to assist the most disadvantaged jobseekers.

Article 8. Migrant workers. The Government indicates that migrant workers enjoy the same protection regardless of how they were employed in the territory of the country, either through private employment agencies or otherwise. The Committee invites the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in Bosnia and Herzegovina by private employment agencies (Article 8(1)) of the Convention. Please also provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. With respect to Article 8(2), please provide further information on the implementation of bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Articles 11 and 12. Allocation of responsibilities with regard to the protection of workers. The Committee invites the Government to clarify in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 for each entity of the country.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes that, in the Federation of Bosnia and Herzegovina, section 23 of the regulation on private agencies for mediation in employment provides that the private agency shall submit information on the mediation of unemployed persons, within five days of employment of individuals for whom it mediated, to cantonal employment services to remove the person from the records of unemployed persons. According to section 24 of the regulation, private agencies will establish cooperation with the employment services in the areas of mutual exchange of information and mutual projects and activities. The Government indicates that the cooperation of private agencies, the Federal Employment Agency, and Employment Services will be further regulated by the Protocol of Cooperation. Furthermore, in the Republika Srpska, section 15 of the Law on Mediation provides that the public employment service and private agencies for mediation may cooperate in the interest of unemployed persons and employers, to conduct mediation activities to recruit and implement programmes and active policy measures. The Committee invites the Government to include further information in its next report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies, and please also specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. The Committee invites the Government to provide information on the adequate remedies, including penalties where appropriate, that are provided for, and effectively applied, in case of violations of this Convention.