Employment Service Convention, 1948 (No. 88) - Bosnia and Herzegovina (Ratification: 1993)

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

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. In reply to the previous comments, the Government indicates in its report that public employment services mediated 211,394 registered unemployed persons into employment in the 2010–13 period. It adds that, in order to increase the efficiency of the public employment services in the Federation of Bosnia and Herzegovina, a strategy for strengthening the mediation function at the public employment services has been developed within the Social Safety Nets and Employment Support Project (SSNESP). The SSNESP, funded by the World Bank, aims at a speedier integration of the unemployed into the labour market and the development of human resources and of other capacities of the public employment service. The Committee notes that the Employment Bureau and private mediation agencies in the Republika Srpska implement the SSNESP and other active labour market measures, such as promoting employment with employers, self-employment in agriculture and small businesses, training and the improvement of labour mobility. Of the 3,988 persons participating in the SSNESP, 2,526 participants obtained employment. The Committee requests the Government to continue to provide information on the implementation of the SSNESP and other measures. Please also continue to provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices in the country.

Articles 4 and 5. Cooperation with the social partners. The Committee notes from the report that in the Republika Srpska, in addition to the Employment Bureau’s management board, the Economic and Social Council, which is also comprised of representatives of the social partners, considers employment policy-related issues. It also notes the continuation of the Local Partnership for Economic and Employment Development aimed at fostering a more active involvement of local communities. With respect to the Federation of Bosnia and Herzegovina, an Advisory Committee for the Federal Employment Institute, which would include the social partners according to the Law on mediation in employment and social security of the unemployed, has not yet been established. The Government indicates that the requirement of cooperation with the social partners in the organization and operation of the employment service has been met since, at the entity and cantonal levels, all key documents concerning the Employment Bureau of the Federation of Bosnia and Herzegovina that were adopted by its management board have been considered by the Economic and Social Council before approval by the Government and Parliament of the Federation of Bosnia and Herzegovina. The Committee requests the Government to continue to provide information on the activities of the Economic and Social Council in the organization and operation of the employment service in the Federation of Bosnia and Herzegovina. It also requests the Government to indicate the procedure adopted for the appointment of employer and worker representatives in the Federation of Bosnia and Herzegovina. Please also include information with regard to the developments in establishing the Advisory Committee for the Federal Employment Institute. Finally, the Committee requests the Government to provide information on the effective cooperation with the social partners in the Brčko District.

Articles 6 and 7. Activities performed by the employment service. The Committee notes the active and passive measures implemented by the Employment Bureau in the Republika Srpska. Active measures include the development of vocational guidance and lifelong learning, career counselling, development, implementation and evaluation of employment projects under the annual action plan on employment, capacity building through cooperation with other organizations, institutions and stakeholders in the Republika Srpska and the Federation of Bosnia and Herzegovina. The Committee notes that the employment services in the Federation of Bosnia and Herzegovina regularly collect and publish job vacancies. Moreover, the cantonal employment services in the Federation of Bosnia and Herzegovina develop their annual workplans aimed at mitigating the negative economic trends and implement them autonomously or in cooperation with local partners or within the framework of international agreements. The Committee notes that a specific focus is put on “hard-to-employ” unemployed persons, such as persons with disabilities. The Committee requests the Government to provide information on the impact of the measures taken or envisaged in the Federation of Bosnia and Herzegovina to develop the capacity to refer to available employment applicants with suitable skills and physical capacity (Article 6(a)(iii)) and to collect and analyse, in cooperation where appropriate with other authorities and with the social partners, the fullest available information on the situation of the employment market and its probable evolution (Article 6(c)). It also requests the Government to continue to provide information on the activities performed by the public employment service in the Republika Srpska and in the Brčko District in relation to Articles 6 and 7.

Article 8. Special arrangements for young people. For the Republika Srpska, the Committee notes that specific organizational units within the Employment Bureau provide services primarily for young persons aged 15 to 30. A total of 14,000 young persons benefited from activities offered by the Centres for Information, Counselling and Training and by Job Clubs, primarily aimed at faster labour market inclusion processes, which enabled 3,117 young people to find employment. Moreover, the Employment Bureau cooperates with the Ministry of Education and Culture in providing professional guidance for graduating students in primary and secondary schools along with university students. Cooperation also occurs between the Federal Employment Institute in the Federation of Bosnia and Herzegovina together with the Ministry of Education and Science, the German Society of International Cooperation (GIZ) and other local institutions. The Committee notes the other ongoing employment programmes for unemployed young persons, notably the Youth Entrepreneurship Programme. The Committee requests the Government to continue to provide information on the impact of the specific measures targeted at young persons and on any new measures envisaged.

Article 9. Employment service staff. The Committee notes that, of the 541 persons employed in the employment service in the Federation of Bosnia and Herzegovina, 243 persons work at the headquarters level in administration and 298 work in the municipal offices. The Government sees a current challenge in that only 50 per cent of the total staff in the cantonal employment services work directly with the unemployed, resulting in a ratio of 1,300 unemployed persons per employment office employee. The Government indicates that the underdeveloped mediation capability has led to the development of the strategy for strengthening the mediation function at the public employment services. During the reporting period, the EU project Institutional Capacity Building in the Employment Sector in Bosnia and Herzegovina aimed at improving the provision of employment services at local employment offices and included specific training for managerial and permanent staff of employment offices. As part of the Youth Employment Project, employment office staff in both entities receive general skills training. The Committee requests the Government to continue to provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service.

Article 10. Outreach to employers and jobseekers. The Committee notes from the report the Agreement on Cooperation signed in June 2010 between the Federal Employment Institute of the Federation of Bosnia and Herzegovina and the Association of Employers of the Federation of Bosnia and Herzegovina on the exchange of information, which is offered free of charge to employers. Similarly, employers in the Republika Srpska are able to avail themselves of services offered by the Employment Bureau, including free publication services in newspapers and through its improved web portal. The Committee requests the Government to continue to provide information on the measures taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1, 2 and 3 of the Convention. Part IV of the report form. Contribution of the employment service to employment promotion. The Committee notes the Government’s report for the period ending June 2010 which includes detailed information in reply to the 2006 direct request. It notes that there are 79 municipal public employment offices in the territory of the Federation of Bosnia and Herzegovina (FBiH), and 58 employment bureaus in the Republika Srpska (RS). Following certification and supervisory audits completed in the 2008–10 period, it appears that the network of employment bureaus is sufficient to serve unemployed persons and employers in the FBiH as each municipality has an employment bureau, although some improvements in the work arrangement of the employment bureaus are still needed. Furthermore, the Committee notes that the Convention has been implemented to a large extent in the Brčko District through the Employment Institute. However, the report indicated that there are still requirements which have not been fully implemented. The Committee further notes that Bosnia and Herzegovina has faced a major problem of high unemployment resulting from, among other issues, the transition towards a market economy. In this regard, efforts are being made to increase the employment rate and decrease the unemployment rate. The 2010–14 employment strategy of the RS aims at reorganizing the public employment services, strengthening the role of the Employment Institute in the RS and reducing the unemployment rate. The Committee wishes to continue receiving information on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the various employment services operating in each of the entities constituting Bosnia and Herzegovina.

Articles 4 and 5. Cooperation with the social partners. The Committee notes that the Federal Employment Institute of the FBiH shall include a Counselling Commission which will provide opinions in terms of employment and social security policies, and recommendations in terms of employment programmes. The Law on Agency in Employment and Social Security of Unemployed Persons of the FBiH prescribes that the Counselling Commission shall be formed by the Administrative Board composed of seven members, including Government representatives, two employer members and two trade union members. The Committee further notes that the FBiH and cantonal governments shall be required to ensure tripartite representation in the appointment of members on administrative boards. In the RS, the legislation provides that the Employment Institute shall be managed by the Administrative Board composed of five members, including one employer representative and one trade union representative. The social partners in the RS have been directly involved in employment policy creation tasks, in the management of the public employment service, and determining their respective representatives in the Administrative Board. With regard to the Brčko District, the Committee notes that there are no counselling commissions formed by employer and worker representatives. The Committee asks that the next report include information on the procedure adopted for the appointment of employer and worker representatives in the FBiH. It also requests information on how cooperation with the social partners will be made effective in the Brčko District. Please also continue supplying information in the next report on the participation of the social partners in the operation of the employment service.

Articles 6 and 7. Activities performed by the employment service. The Committee notes the provisions of the Law on Agency in Employment and Social Security of Unemployed Persons of the FBiH detailing the activities performed by the Federal Employment Institute. The Employment Institute of the RS is organized as a public service whose free of charge services are accessible to all unemployed persons and all employers regardless of the form of organization, activity or ownership structure. The report indicates that the Law on Employment in the Brčko District does not provide for sufficiently developed functions to employment agencies, in terms of counselling and career guidance. The Committee hopes that the next report will include information on the activities performed by the employment service in the FBiH. It also requests information on the activities performed by the public employment service in the Republika Srpska and Brčko District in order to better comply with Articles 6 and 7 of the Convention.

Article 8. Special arrangements for young workers. The Committee notes that the Federal Employment Institute of the FBiH and the cantonal employment services have continuously implemented various youth employment programmes. The Youth Employment and Retaining Programme in Bosnia and Herzegovina for the period 2009–11 (YERP) plans to strengthen the capacity of the employment services in order to create conditions for the provision of professional and efficient services to young unemployed persons. Another youth programme in being prepared with the aim to improve the cooperation between the public employment services and private employment agencies, and the target group are unemployed youth aged 16 to 30 and students. The Committee notes from the report that a 36 month project has been implemented in the RS since September 2009 aimed at increasing the employability and retaining of youth. The Committee hopes that the next report will include information on special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons in each of the entities constituting Bosnia and Herzegovina.

Article 9. Staff of the employment service. The Committee notes the information provided in the report indicating that the Federal Employment Institute and the cantonal employment services of the FBiH are public institutions. The officers employed at the Employment Institute of the RS have the status of civil servants, and they obtain their positions following public competitions. In the Brčko District, the Employment Institute is a public service of general interest. However, the Committee notes from the report that the training of staff is at a low level. Please continue providing information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service.

Article 10. Outreach to employers and jobseekers. The Committee notes that the Federal Employment Institute of the FBiH is at the final phase to conclude the Agreement on Cooperation with the Association of Employers of the FBiH, aimed at, amongst others, improving the functioning of the labour market. In the RS, representatives of employers and workers have been directly involved in the management of the Employment Institute, and they have the opportunity to propose various schemes and models to motivate employers and workers to increase their usage of the public employment services. The Employment Institute of the Brčko District is intending to establish better communication with the representatives of employers and workers. The Committee wishes to receive, in the next report, information on the measures taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis.

Article 11. Measures to secure cooperation with private employment agencies. The Committee notes from the report that the Decree on Private Employment Agencies of the FBiH, adopted in 2009, regulates their activities, method of registration and restrictions, as well as their access to public funds, prices of their services, maintenance of records and their cooperation with the public employment service. The Committee hopes that the next report will include information on the measures taken to secure effective cooperation between the public employment service and private employment agencies.

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

1. The Committee notes the Government’s report for the period ending June 2005. The report enumerates the legislative texts applicable to the Federation of Bosnia and Herzegovina (FBH) and the Republika Srpska (RS). The Committee notes once again that each of the entities constituting Bosnia and Herzegovina is autonomous with regard to labour and employment issues. It understands that the Federal Employment Bureau has been established in the FBH and that employment counsellors have been designated in local offices of the RS. The Employment Bureau of the Brcko District of Bosnia and Herzegovina performs the tasks of the employment service. The Committee once again expresses interest in obtaining information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the various employment services operating in the country. It hopes that the next report will indicate whether the network of employment offices is sufficient to serve employers and workers in each area of the country (Articles 1, 2 and 3 of the Convention and Part IV of the report form).

2. Cooperation with the social partners. The Committee refers to its 2004 direct request and would appreciate receiving information from the respective authorities on the arrangements made through advisory committees for the cooperation of employer and worker representatives in the organization and operation of employment services and in the development of an employment service policy. Please indicate the number of advisory committees established at the level of each entity and the procedure adopted for the appointment of employer and worker representatives (Articles 4 and 5).

3. Activities performed by the employment service. Please indicate the manner in which the employment service is organized and the activities that it performs at the level of each entity in order to discharge effectively the functions enumerated in Articles 6 and 7 of the Convention.

4. Special arrangements for young workers. Taking into account the large proportion of young workers engaged in the informal economy, the Committee would be grateful to receive information on any special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons.

5. Status and conditions of service of the staff of the employment service. Please provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service, as required by Article 9 of the Convention.

6. Please indicate whether measures have been taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis (Article 10).

7. Measures to secure cooperation with private employment agencies. The Committee notes that private employment agencies operate in the country and requests the Government to indicate in its next report which measures are envisaged to secure effective cooperation between the public employment service and such private agencies (Article 11).

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

1. The Committee notes the information provided by the Government in its first report covering the period June 1992-July 2003. It recalls that each of the entities constituting Bosnia and Herzegovina, namely the Federation of Bosnia and Herzegovina (FBH) and the Republika Srpska (RS), is autonomous with regard to labour and employment issues. It understands that employment agencies are organized at the level of entities and cantons in the FBH, while the RS Employment Agency is a centralized institution with six regional offices and a number of municipal offices. The Committee requests the Government to indicate in its next report the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the Agency for Employment and Placement of Bosnia and Herzegovina and by the employment agencies operating in the FBH and in the RS. Please indicate whether the network of employment offices is sufficient to serve employers and workers in each area of the country (Articles 1, 2 and 3 of the Convention and Part IV of the report form).

2. Cooperation with the social partners. The Government states in its report that the employment services organized at the level of the constituent entities of Bosnia and Herzegovina cooperate with the organizations of workers and employers through the participation of their representatives who participate in the administrative bodies of these services. In the comments forwarded with the Government’s report, the Association of Employers of the Federation of Bosnia and Herzegovina observes that the organization of employers does not participate in the administrative bodies of the employment service. The employer’s organization recalls that the Steering Board of the Employment Board was appointed in accordance with the acts of 1990 and that the economy was State-controlled at that time. The chambers of commerce were represented on the Steering Board, but not freely elected representatives of employers. The Committee requests the respective authorities to provide information on the arrangements made through advisory committees for the cooperation of employer and worker representatives in the organization and operation of the employment services and in the development of employment service policy. It asks them to indicate the number of advisory committees established at the level of each entity and the procedure adopted for the appointment of employer and worker representatives (Articles 5 and 6).

3. Activities performed by the employment service. Please indicate the manner in which the employment service is organized and the activities that it performs at the level of each entity in order to carry out effectively the functions enumerated in Articles 6 and 7 of the Convention.

4. Special arrangements for young workers. Taking into account the large proportion of young workers engaged in the informal economy, the Committee would be grateful to receive information on any special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons.

5. Status and conditions of service of the staff of the employment service. Please provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service, as required by Article 9 of the Convention.

6. Please indicate whether measures have been taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis (Article 10).

7. Measures to secure cooperation with private employment agencies. Please indicate whether private employment agencies operate in the country and, if so, the measures adopted or envisaged to secure effective cooperation between the public employment service and such private agencies (Article 11).