Termination of Employment Convention, 1982 (No. 158) - Bosnia and Herzegovina (Ratification: 1993)

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

Article 2 of the Convention. Scope of application. The Committee notes the new labour legislation adopted in the three entities during the reporting period. The Government indicates that the new Labour Law for the Federation of Bosnia and Herzegovina (the Federation), which entered into force on 14 April 2016, excludes directors and members of the management body of an enterprise from application of the provisions on termination in Part XI of the Law, even if they work under an employment contract. With regard to the use of contracts for a specified period of time, section 22 of the Law stipulates that an employment contract that does not contain information regarding its duration will be deemed to be a permanent contract. Moreover, a fixed-term employment contract cannot be concluded for a period in excess of three years. If an employer successively renews an employee’s fixed-term contract for an uninterrupted period in excess of three years, the contract will be considered to be a permanent contract. The Government indicates that the Labour Law for the Brčko District does not exclude any categories of employees from the application of the Convention and that, pursuant to sections 12(5) and 14 of that Law, fixed-term contracts are automatically deemed to be permanent after 24 months. The new Labour Law for the Republika Srpska, which entered into force on 20 January 2016, provides in section 33 that, where not otherwise specified, employment contracts are deemed to be concluded for an unlimited duration of time. Section 39 stipulates that fixed-term contracts in the Republika Srpska are generally limited to a maximum of 24 months, but can be extended to replace a temporarily absent worker until the worker’s return, for up to a maximum of five years for project work, or in the case of an unemployed person who lacks up to five years of employment to fulfil the requirements for an old-age pension. The Committee requests the Government to provide information on the reasons for the exclusion of directors and managers from the scope of application of the termination provisions of the 2016 Law of the Federation and to indicate the manner in which it is ensured that they are provided protections that are at least equivalent to those afforded under the Convention. The Committee further requests the Government to continue to provide information on the manner in which the provisions of the Convention are applied in practice in the three entities of the country, including statistics on the activities of the appellate bodies, such as the number of appeals lodged against unjustified dismissals, the nature and outcome of such proceedings, and extracts of judicial.

Article 5(b). Invalid reason for termination of employment: seeking office as, acting or having acted as a workers’ representative. Further to the Committee’s previous request, the Government indicates that section 103 of the 2016 Law of the Federation prohibits an employer from terminating the employment of a trade union commissioner while the worker is serving in that capacity and for six months following the cessation of this activity. The 2016 Law also prohibits discrimination on the basis of trade union affiliation or non-affiliation. In this regard, the Committee notes the information provided by the Government regarding the decision issued by the Supreme Court of the Federation on 6 November 2012 concerning the termination of a trade union commissioner (Decision No. 63 0 Rs 006467 11). Section 191 of the new Labour Law of the Republika Srpska provides that an employer must obtain prior approval from the trade union in order to terminate the employment contract of the trade union representative while the representative is serving in this capacity and for six months after he or she ceases to do so. The Government further indicates that section 78 of the Labour Law for the Brčko District requires that an employer obtain prior approval from the trade union before it may terminate the employment contract of a trade union commissioner. The Committee requests the Government to provide information regarding the application in practice of the above-referenced provisions regarding termination of a workers’ representative at the initiative of the employer.

Article 5(c), (d) and (e). Invalid reasons for termination of employment The Government indicates that section 98 of the new Labour Law of the Federation and section 183 (1)(5) of the Labour Law of the Republika Srpska prohibit employers from terminating the employment of a worker for seeking redress or participating in proceedings against an action taken by the employer. In respect of protections from discriminatory grounds for termination, the Government indicates that, in the Federation, the Law on Prohibition of Discrimination, the Law on Gender Equality and section 8 of the 2016 Labour Law all prohibit discrimination in employment, including protection from termination. The Committee notes with interest that section 8 includes additional prohibited grounds of discrimination, such as harassment, mobbing, sexual orientation, health status and disability and that section 9 defines harassment, sexual harassment, mobbing and gender-based violence. Protections from discrimination in employment, including from dismissal on the grounds specified are also contained in sections 19–23 and 183 of the new Labour Law for the Republika Srpska. The Government indicates that section 60(1) of the 2016 Labour Law of the Federation prohibits employers from refusing to employ or terminating the employment of a women due to pregnancy or while she is absent from work during maternity leave. Section 105 of the 2016 Labour Law of the Republika Srpska provides for similar protections. In respect of the application of the provisions of Article 5(c), (d) and (e) in the Brčko District, the Government refers to sections 105(2), 4 and 42–52 of the Labour Law, respectively. The Committee requests the Government to provide information on the practical application of Article 5 (c), (d) and (e) in the three entities in the country, including copies of relevant court decisions, particularly those interpreting the new provisions on mobbing and harassment.

Article 6(2). Definition of temporary absence from work. The Government indicates that section 71 of the new Labour Law of the Federation provides that a worker who has experienced an occupational accident or illness may not be terminated during the period of temporary incapacity. Section 72 provides that an employee who has been unable to work for up to six months may return to the position he or she occupied previously. In relation to the Brčko District, the Government indicates that sections 53–56 of the new Labour Law extend protection from termination to certain categories of employees, such as those with an occupational injury or illness, pregnant women, women on maternity leave, and persons exercising their right to parental leave. Section 183(1)(1) of the new Labour Law of the Republika Srpska prohibits the dismissal of persons who are temporarily prevented from working due to occupational illness or injury. In its General Survey on termination of employment, 1995, paragraph 137, the Committee recalls that Article 6 of the Convention refers more broadly to temporary absence because of illness or injury, and is not limited to occupational illness or injury. The Committee requests the Government to indicate how the term “temporary absence of work” is defined in all three entities and to provide information on the practical application of Article 6(2) of the Convention in the three entities.

Article 7. Procedure prior to termination. The Committee notes that section 101 of the new Labour Law of the FBiH, section 76 of the Labour law of the Brčko District and sections 180 and 182 of the new Labour Law of the Republika Srpska provide that in case of termination, workers must be provided with an opportunity to defend themselves against the allegations made. It further notes that, pursuant to section 182 of the Law of the Republika Srpska, workers may attach to their defence the opinion of the trade union of which they are a member, which must be taken into consideration by the employer. The Committee requests the Government to provide information on the manner in which Article 7 of the Convention is applied in practice in the three entities of the country, including copies of relevant judicial decisions as they become available.

Article 11. Notice period and compensation in lieu of notice. The Government indicates that, based on section 105 of the new Labour Law for the Federation, a minimum notice period of seven days is foreseen in the event of termination. The Committee requests the Government to provide information on the notice periods contemplated in the legislation for the three entities, indicating whether these are established in calendar or working days.

Article 12. Severance pay or other income protection. The Committee notes that the legislation in all three entities provides for severance payments upon termination (section 111 of the Labour Law of the Federation, section 85 of the Labour Law of the Brčko District and section 194 of the new Labour Law of the Republika Srpska). The Committee further notes the Government’s reference to certain decisions of the Supreme Court of the Federation in this area. The Committee requests the Government to continue to provide information on the practical application of this Article of the Convention in all three entities.

Article 14. Notification to the competent authority. The Government refers to section 160 of the Labour Law of the Republika Srpska, which establishes the notification procedure. The Committee reiterates its request that the Government indicate the manner in which Article 14 of the Convention is given effect in all three entities.

Part V of the report form. Practical application. The Committee notes that the information provided by the Government on inspections as well as on terminations is limited to the Republika Srpska. The information provided indicates a decrease of 51 per cent in the number of controls conducted by the labour inspectorate relative to termination from 574 in 2011 to 295 in 2015. The Committee also notes that the number of workers terminated at the initiative of their employers decreased by 67.5 per cent, from 11,665 in 2011 to 7,850 in 2015. The Committee requests the Government to provide information regarding the activities of the labour inspectorate in all three entitles relevant to application of the Convention, including statistics on the number of inspections, the number of violations detected and the outcome of the inspections. In addition, the Committee requests the Government to indicate the reasons for the significant decrease in the number of terminations at the initiative of the employer in the Republika Srpska.

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

The Committee notes the information provided in the Government’s report received in August 2011 in reply to the 2009 direct request. The Committee notes that no decisions of the Supreme Court of the Federation of Bosnia and Herzegovina (FBiH) were rendered with regard to the application of sections 87 and 88 of the Labour Code of the FBiH on valid reasons for termination of employment. It further notes that in the Republika Srpska the labour inspectors and the courts of general jurisdiction are competent to settle disputes regarding unlawful termination of employment. The largest number of disputes in the Republika Srpska relate to the unlawful termination of employment at the initiative of the employer. The Committee invites the Government to supply in its next report information on the manner in which the provisions of the Convention are applied in practice in the three entities of the country, including, for example, statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination (Article 4 of the Convention), the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form).

Article 5(b). Invalid reason for termination of employment: seeking office as, or acting or having acted in the capacity of, a workers’ representative. The Committee notes the indication provided in the report on a decision of the Federal Ministry of Labour and Social Affairs of the FBiH which granted the approval to dismiss a union representative. The Committee also notes that section 78 of the Labour Act of the Brcko District provides for the manner in which a union representative’s employment contract may be terminated. The Committee invites the Government to provide information on the practical application of Article 5(b) of the Convention in the three entities of the country.

Article 5(c). Invalid reason for termination of employment: filing of a complaint or participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. The Committee once again requests the Government to provide concrete examples of the manner in which Article 5(c) is applied in the three entities of the country.

Article 5(d). Invalid reasons for termination of employment: race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The Committee notes the Government’s intention to monitor the publication of the decisions of the Supreme Court of the FBiH and submit the decisions related to the violation of section 5 of the Labour Code of the FBiH (non-discrimination in respect of employment) as soon as they become available. The Committee would welcome receiving the text of court decisions on termination of employment in breach of section 5 of the Labour Code of the Federation of Bosnia and Herzegovina. It also invites the Government to provide information on the practical application of Article 5(d) of the Convention in the other entities of the country.

Article 5(e). Invalid reason for termination of employment: absence from work during maternity leave. The Committee once again requests the Government to provide information on the practical application of Article 5(e) of the Convention in the three entities.

Article 6(2). Temporary absence from work because of illness or injury. The Committee notes a decision of a cantonal court in the FBiH confirmed by the Constitutional Court, regarding the violation of the prohibition of termination of employment for temporary absence from work because of illness or injury (section 64 of the Labour Code of the FBiH). The Government indicates that section 53 of the Labour Act of the Brcko District provides that an employer may not terminate the employment contract of an employee who is temporarily absent from work due to injury or occupational disease. Moreover, according to section  56, the employer may terminate the employment of a worker with reduced ability to work due to occupational injuries or diseases only with the consent of a labour inspector. The Committee would welcome receiving information on the application of Article 6(2) of the Convention in the three entities.

Article 7. Procedure prior to termination. The Government indicates that the Labour Act of the Brcko District provides that in case of termination of employment due to the employee’s behaviour (sections 74–81), the employer is required to allow the employee to present a defence to the allegations made. The Committee invites the Government to provide the text of court decisions on the application of Article 7 of the Convention in the three entities as they become available.

Article 12. Severance pay or other income protection. The Committee notes the income protection mechanisms applicable to workers whose employment has been terminated in the FBiH and the Republika Srpska. The Government supplied statistical data on beneficiaries of unemployment benefits in the cantons of the FBiH as of February 2011. The Committee would welcome receiving information on the practical application of Article 12 of the Convention in the three entities.

Article 14. Notification to the competent authority. The Committee once again requests the Government to indicate in its next report the provision in force in the Republika Srpska and Brcko District which give effect to Article 14 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. The Committee notes the information provided in the Government’s report received in August 2009 in reply to the 2007 direct request.

2. Article 4 of the Convention. Valid reason for termination of employment. The Committee noted in its 2007 direct request that section 87, paragraph 2, of the Labour Code of the Federation of Bosnia and Herzegovina provides that when no longer able to perform the job, an employee can be dismissed. Furthermore, section 88 of the Labour Code provides that an employee may be dismissed for serious misconduct or a serious breach of obligations. The Committee also notes that the Labour Act of the Brcko District provides that the employer may terminate the employment agreement if the employees are not able to fulfil their obligations arising from the employment agreement. The Committee asks the Government to provide copies of the leading court decisions on valid reasons for termination, in particular court decisions applying sections 87 and 88 of the Labour Code of the Federation of Bosnia and Herzegovina, section 113 of the Labour Act of the Republika Srpska, and the relevant provisions of the Labour Act of the Brcko District.

3. Article 5(b). Invalid reason for termination of employment: Seeking office as, or acting or having acted in the capacity of, a workers’ representative. In response to the 2007 direct request, the Government indicates that sections 5, 9, 10 and 10a of the Labour Code of the Federation of Bosnia and Herzegovina contain the prohibitions of discrimination, which include membership or non-membership in a trade union. Furthermore, section 93 of the Labour Code provides that an employer may terminate the employment contract of a trade union representative during the conduct of their duties and six months after performing these duties, only with the prior consent of the federal ministry responsible for labour. The Government indicates that the Labour Act of the Brcko District contains similar provisions concerning membership and non-membership in trade unions. The Government also indicates that section 126 of the Labour Act of the Republika Srpska enumerates the cases in which the employer may terminate the employment agreement of an employee – the employer has no legal authority to terminate the employment agreement beyond the cited cases. The Committee invites the Government to provide practical information on the manner in which effect is given to this provision of the Convention in the three entities.

4. Article 5(c). Invalid reason for termination of employment: Filing of a complaint or participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. The Government reports that filing a complaint against an employer, pursuant to the labour laws in Bosnia and Herzegovina, does not constitute a justified reason for termination of employment. The Committee once again asks the Government to provide concrete examples of the manner in which this provision is applied in the three entities.

5. Article 5(d). Invalid reasons for termination of employment: Race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The Government reiterates that it has no information of any dispute brought before its courts due to termination of employment contrary to section 5 of the Labour Code of the Federation of Bosnia and Herzegovina. The Government further indicates that there are dozens of courts at the municipal level, as well as cantonal courts, dealing with individual disputes stemming from a violation of the rights arising from employment. The only information which is publicly available are the decisions from the Supreme Court of the Federation of Bosnia and Herzegovina, and according to the published information, there have been no disputes conducted before this court for breach of section 5 of the Labour Code. The Committee once again requests the Government to provide information on the implementation of section 5 of the Labour Code of the Federation of Bosnia and Herzegovina and of the Labour Act of the Republika Srpska, including court decisions from the Supreme Court of the Federation of Bosnia and Herzegovina as they become available.

6. Article 5(e). Invalid reason for termination of employment: Absence from work during maternity leave. The Government reports that section 132 of the Labour Act of the Republika Srpska provides that the employer may not terminate the employment agreement during pregnancy, maternity leave, parental leave, or during periods or shorter working hours for the purpose of child care. The Government also reports that the right to maternity leave is guaranteed in the Labour Act of the Brcko District, which provides that termination of employment is not possible during this period. The Government further indicates that it is not aware of any court decisions concerning section 53 of the Labour Code of the Federation of Bosnia and Herzegovina prohibiting the termination of employment while a worker is pregnant or on maternity leave. The Committee requests the Government to provide information on the application of this provision of the Convention in the three entities.

7. Article 6, paragraph 2. Temporary absence from work because of illness or injury. The Government reports that section 64 of the Labour Code of the Federation of Bosnia and Herzegovina provides that an employer may not terminate the employment contract of a worker who has suffered an injury or has developed a professional illness, which has resulted in the employee being temporarily unable to work. The Committee asks the Government to provide information on whether there have been any court cases concerning dismissal as a result of temporary absence from work because of illness or injury. If so, please provide copies of the leading court cases on this matter.

8. Article 7. Procedure prior to termination. The Government indicates that section 90 of the Labour Code of the Federation of Bosnia and Herzegovina provides that if the employer terminates the employment contract due to the behaviour or work performance of the employee, the employer is required to allow the employees to present their defence, unless there are circumstances for which the employer cannot be reasonably expected to permit such. The Government further reports that section 128 of the Labour Act of the Republika Srpska provides that, prior to termination, the employer is required to enable the worker to be heard and present their defence, if this is possible given the circumstances. The employer should also consider the opinion of trade unions or works councils, if such an opinion has been submitted before passing the final decision on termination. The Committee asks the Government to continue to provide information concerning the procedure prior to termination in the three entities, and to provide copies of court decisions on the application of the abovementioned provisions as they become available.

9. Article 12. Severance pay or other income protection. The Committee recalls that the Government stated in its report received in May 2006 that dismissed workers who do not have two years of permanent work with the employer have no right to severance pay, but are entitled, under conditions provided for in the labour laws, to pecuniary compensation during unemployment, and to health insurance and partly pension insurance. The Government indicates that section 23 of the Labour Code of the Republika Srpska stipulates that an unemployed person who had been terminated without their request, consent or fault, and who possesses at least eight months of continuous insurance record in the last 12 months, or 12 months with interruptions over the past 18 months, shall be entitled to monetary compensation, health insurance, pension and disability insurance. The Committee asks the Government to provide in its next report detailed information on the practical application of this provision of the Convention in the three entities.

10. Article 14. Notification to the competent authority. The Government reports that, in the Federation of Bosnia and Herzegovina, the Placement Agencies Act and social security for unemployed persons provide that, in case of termination of employment based on sections 98 and 99 of the Labour Code, the employer is obliged, within 15 days of the date of termination, to notify the employment services in writing about the employees that will be affected by the terminations. The Committee requests the Government to specify in its next report the provisions in force in the Republika Srpska and Brcko District which give effect to this provision of the Convention.

11. Illegally dismissed workers. In its previous comments, the Committee noted that a report concerning the exercise of rights for the illegally dismissed workers was to be discussed in June 2006 before the National Assembly and the Government of the Republika Srpska was making efforts to secure the funds for severance pay. The Committee invites the Government to indicate how adequate reparation was provided to unfairly dismissed workers and how those workers placed on waiting lists have already benefited from the measures adopted following deliberations by the National Assembly.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the information provided in the reports received in May and December 2006. The Committee draws the attention of the relevant authorities of the Federation of Bosnia and Herzegovina and of the Republika Srpska on the importance of regularly providing practical information on the manner in which effect is given to the provisions of the Convention (Part V of the report form). Please also report in detail on the following points.

2. Article 4 of the Convention. Valid reason for termination of employment. The Committee notes that Section 87, paragraph 2, of the Labour Code of the Federation of Bosnia and Herzegovina, as amended by the Act of 15 August 2000 No. 01-447, stipulates that an employee can be dismissed when no longer able to perform the job. The Committee refers to its 2005 direct request and asks the Government to indicate how the provisions of sections 87 and 88 of the Labour Code of the Federation of Bosnia and Herzegovina and section 113 of the Labour Act of the Republika Srpska, ensure that employment is not terminated unless there is a valid reason connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service, providing copies of relevant decisions taken by the competent courts in this regard.

3. Article 5(b). Invalid reason for termination of employment: Seeking office as, or acting or having acted in the capacity of, a workers’ representative. In response to the 2005 direct request, the Government states in its report, received in May 2006, that there are “explicit legal provisions offering sufficient protection” for the worker representative against termination of employment. Please indicate, for each entity, the provisions that are referred to in this response, especially those ensuring that the act of an employee seeking representative office does not constitute a valid ground for the termination of his/her employment.

4. Article 5(c). Invalid reason for termination of employment: Filing of a complaint or participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. The Government indicates that filing of a complaint or participation in proceedings against an employer, or addressing the competent administrative and court authorities, pursuant to the labour laws in Bosnia and Herzegovina, does not constitute a justified reason for termination of employment. Please indicate the provisions ensuring this principle.

5. Article 5(d). Invalid reason for termination of employment: Race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The Government states in its report received in May 2006 that there is no information of any dispute brought before its courts due to termination of employment on the grounds prohibited by the labour laws. The Committee refers to its 2006 comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and requests the Government to provide, in its next report on the application of Convention No. 158, information on the implementation of section 5 of the Labour Code of the Federation of Bosnia and Herzegovina and of the Labour Act of the Republika Srpska, including any court decisions delivered.

6. Article 5(e). Invalid reason for termination of employment: Absence from work during maternity leave. The Committee notes, according to the Government’s report received in May 2006, the provisions of the Labour Laws of Republika Srpska and Brcko District prohibited the termination of employment during maternity leave. The Government also indicates that, with the exception of section 53 of the Labour Code of the Federation of Bosnia and Herzegovina prohibiting the termination of employment while a worker is pregnant, no other measure protects a worker during pregnancy. The Committee requests the Government to specify in its next report the provisions in force in the Republika Srpska and Brcko District which prohibits termination of employment during maternity leave. Please also indicate how it is ensured in the Federation of Bosnia and Herzegovina that absence from work during maternity leave is not a valid reason for termination of employment, providing copies of decisions of the competent courts.

7. Article 6, paragraph 2. Temporary absence from work because of illness or injury. The Government indicates that, despite the fact that the Labour Code of the Federation of Bosnia and Herzegovina does not provide a definition of temporary absence from work, there are legal provisions in the health insurance regulations that specify medical documentation, duration of sick leave, payment of compensation and all other issues related to this type of absence. The Committee requests the Government to specify in its next report how temporary absence from work is defined by these legal provisions, the extent to which medical certification is required, and what limitations, if any, have been placed on the application of temporary absence from work because of illness or injury.

8. Article 7. Procedure prior to termination. The Committee recalls that the purpose of Article 7 of the Convention is to ensure that any decision to terminate employment is preceded by dialogue and reflection between parties (paragraph 148 of the General Survey of 1995). The Committee again requests the Government to indicate the manner in which the right to defend themselves prior to termination is ensured for all workers, as required by this provision of the Convention, in the Federation of Bosnia and Herzegovina and in the Republika Srpska.

9. Article 12. Severance pay or other income protection. The Government states in its report received in May 2006 that dismissed workers who do not have two years of permanent work with the employer have no right to severance pay, but are entitled, under conditions provided for in the labour laws, to pecuniary compensation during unemployment, to health insurance and sometimes pension insurance. Please provide further information indicating the conditions under which such compensation (pecuniary and health insurance) is granted in each entity and how they are evaluated.

10. Article 14. Notification to the competent authority. The Government reports that notice of termination of employment due to economic, technological, structural or similar reasons shall be submitted to the employment services in Bosnia and Herzegovina. The Committee would appreciate examining information from the next report on how laws or regulations specify the minimum period of time in which the employer shall notify to the employment services the terminations, before carrying out the terminations.

11. Illegally dismissed workers. In the report received in May 2006, it is indicated that this particular issue is being resolved pursuant to the provisions of sections 151 to 159 of the Labour Law of Republika Srpska, as amended by the decision of 12 November 2000, and that a commission is resolving individual applications. A report concerning the exercise of rights for the illegally dismissed workers was to be discussed in June 2006 before the National Assembly and the Government of the Republic Srpska is making efforts to secure the funds for severance pay. The Committee refers to its previous comments and reiterates its interest in examining how adequate reparation was provided to unfairly dismissed workers and how those workers placed on waiting lists have already benefited from the measures adopted following the abovementioned deliberations by the National Assembly.

[The Government is asked to reply in detail to the present comments in 2009.]

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

1. The Committee notes the communication transmitted by the International Confederation of Free Trade Unions by which the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) submitted comments on the application of the Convention. The Office forwarded the observation by the SSSBiH to the Government in September 2005.

2. In its observation, the SSSBiH indicates that decisions on termination of work contracts are most frequently made without explanation or  without giving the opportunity to employees to defend themselves. In the case of termination due to serious failure to fulfil its duties, the employer does not have any responsibility to observe a period of notice nor to pay the severance payment. The SSSBiH also indicates that the courts fail to uphold the rights protected by the Convention. The proceedings last too long without justification. Requests for interim measures, such as reinstatement of the workers until the end of the court proceedings, are ignored or rejected by employers.

3. In its 2003 direct request, the Committee asked the respective authorities of the Federation of Bosnia and Herzegovina and of the Republika Srpska to describe the measures adopted to give effect to  various provisions of the Convention. In light of the observations of the SSSBiH, the Committee requests the Government to provide detailed information on the following issues.

4. Article 4 of the Convention. Please indicate how the provisions of sections 87 and 88 of the Labour Act of the Federation of Bosnia and Herzegovina and section 113 of the Labour Act of the Republika Srpska are applied in practice, supplying copies of the leading decisions taken in their application.

5. Article 5(b). The Committee notes the provisions of section 93 of the Labour Act of the Federation of Bosnia and Herzegovina and section 118 of the Labour Act of the Republika Srpska, protecting employees who are acting or have acted in the capacity of a workers’ representative. Please indicate, for each entity, the measures ensuring that the act of an employee seeking representative office does not constitute a valid ground for termination.

6. Article 5(c). Please indicate, for each entity, the measures ensuring that the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities do not constitute valid reasons for termination.

7. Article 5(d). Under the terms of this provision, the race, colour, sex, marital status, family responsibilities, religion, political opinion, national extraction or social origin of a worker shall not constitute valid reasons for termination. The Committee notes that section 5 of the Labour Act of the Federation of Bosnia and Herzegovina and section 5 of the Labour Act of the Republika Srpska now give effect to this provision of the Convention. It hopes that the next report will provide further information on the implementation of these legislative provisions including any court decisions handed down.

8. Article 5(e). The Committee notes that section 53 of the Labour Act of the Federation of Bosnia and Herzegovina prohibits employers from terminating an employment contract while a worker is pregnant. It requests the Government to indicate the measures which also prohibit the dismissal of a worker during her absence from work on maternity leave, in accordance with this provision.

9. Article 6, paragraph 1. The Committee notes that employers may not dismiss a worker during temporary absence because of an occupational disease or employment accident. It requests the Government to indicate the manner in which effect is given to this paragraph, which prohibits termination on account of temporary absence for reasons of illness or injury.

10. Article 6, paragraph 2. The Committee refers to the provisions of section 64 of the Labour Act of the Federation of Bosnia and Herzegovina and section 80 of the Labour Act of the Republika Srpska, and requests the Government to indicate how "temporary absence from work" is defined and the extent to which medical certification is required and what limitations, if any, have been placed on the application of this Article of the Convention.

11. Article 7. Please indicate the manner in which the right to defend themselves prior to termination is ensured for all workers, as required by this important provision of the Convention, in the Federation of Bosnia and Herzegovina and in the Republika Srpska.

12. Article 12. The Committee notes the provisions of section 100 of the Labour Act of the Federation of Bosnia and Herzegovina and section 127 of the Labour Act of the Republika Srpska concerning entitlement to a severance allowance for workers with an uninterrupted employment relationship of two years with the employer. Please indicate the nature of the allowance or other forms of income protection (unemployment insurance or assistance benefits or other social security benefits under a general scheme) granted to dismissed workers without a two-year uninterrupted employment relationship with their employer.

13. Article 14. The Committee would be grateful to be provided with information on how effect is given to this Article of the Convention, and particularly on the competent authority to be notified of terminations for reasons of an economic, technological, structural or similar nature, the nature of the information that has to be supplied to the above authority and also the minimum period of time for this notification.

14. Illegally dismissed workers. In its previous comments, the Committee recalled the conclusions, approved by the Governing Body in November 1999, of the committee set up to examine the representation made under article 24 of the ILO Constitution in October 1998 by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) alleging non-observance of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also recalls its comments on the application of Convention No. 111 in which, further to the communications by the USIBH and the trade union organization of the "Ljubija" iron mines concerning the dismissal of miners during the civil war, it noted that these constituted dismissals of workers based solely on their national extraction. The Committee indicated at that time that it was the responsibility of the parties concerned (the Government, the managers of the enterprises and the workers who had made the complaints) to implement the legislation so as to ensure that the workers who have not been able to return to their former jobs, for the sole reason of their national extraction and/or religion, can receive appropriate compensation.

Recalling the requirements of Article 12 of the Convention concerning the entitlements of dismissed workers to a severance allowance or other forms of income protection, the Committee notes that the transitional provisions of the Labour Act of the Federation of Bosnia and Herzegovina (sections 143 and 144) and of the Labour Act of the Republika Srpska (sections 151-159, as amended by the decision of 12 November 2000 of the High Representative in Bosnia and Herzegovina) envisage addressing the issue of compensation for workers illegally dismissed as a result of the conflict which affected the country as from 1992. The Committee would be grateful to be provided with information on the implementation of these transitional provisions, including the statistics available on the number of workers who have benefited from the measures adopted and, where appropriate, information on any difficulties encountered.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first report covering the period 1992-2001. Noting that each of the entities constituting Bosnia and Herzegovina, namely the Federation of Bosnia and Herzegovina and the Republika Srpska, is autonomous with regard to labour and employment issues, the Committee takes note of the legislative texts adopted since 2000 which give effect to the provisions of the Convention. It would be grateful to be provided with additional information on certain points concerning the implementation of these texts and requests the respective authorities to describe the measures adopted to give effect to the following provisions of the Convention:

Article 5(b) of the Convention. The Committee notes the provisions of section 93 of the Labour Act of the Federation of Bosnia and Herzegovina and section 118 of the Labour Act of the Republika Srpska, protecting employees who are acting or have acted in the capacity of a workers’ representative. Please indicate, for each entity, the measures ensuring that the act of an employee seeking representative office does not constitute a valid ground for termination.

Article 5(c). Please indicate, for each entity, the measures ensuring that the filing of a complaint or the participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities do not constitute valid reasons for termination.

Article 5(d). Under the terms of this provision, the race, colour, sex, marital status, family responsibilities, religion, political opinion, national extraction or social origin of a worker shall not constitute valid reasons for termination. The Committee notes that section 5 of the Labour Act of the Federation of Bosnia and Herzegovina and section 5 of the Labour Act of the Republika Srpska now give effect to this provision of the Convention. It hopes that the next report will provide further information on the implementation of these legislative provisions, with an indication of the effect given to these provisions, including any court decisions handed down.

Article 5(e). The Committee notes that section 53 of the Labour Act of the Federation of Bosnia and Herzegovina prohibits employers from terminating an employment contract while a worker is pregnant. It requests the Government to indicate the measures which also prohibit the dismissal of a worker during her absence from work on maternity leave, in accordance with this provision.

Article 6, paragraph 1. The Committee notes that employers may not dismiss a worker during temporary absence because of an occupational disease or employment accident. It requests the Government to indicate the manner in which effect is given to this paragraph, which prohibits termination on account of temporary absence for reasons of illness or injury.

Article 6, paragraph 2. The Committee refers to the provisions of section 64 of the Labour Act of the Federation of Bosnia and Herzegovina and section 80 of the Labour Act of the Republika Srpska, and requests the Government to indicate how "temporary absence from work" is defined and the extent to which medical certification is required and, what limitations, if any, have been placed on the application of this Article of the Convention.

Article 12. The Committee notes the provisions of section 100 of the Labour Act of the Federation of Bosnia and Herzegovina and section 127 of the Labour Act of the Republika Srpska concerning entitlement to a severance allowance for workers with an uninterrupted employment relationship of two years with the employer. Please indicate the nature of the allowance or other forms of income protection (unemployment insurance or assistance benefits or other social security benefits under a general scheme) granted to dismissed workers without a two-year uninterrupted employment relationship with their employer.

Article 14. The Committee would be grateful to be provided with information on how effect is given to this Article of the Convention, and particularly on the competent authority to be notified of terminations for reasons of an economic, technological, structural or similar nature, the nature of the information that has to be supplied to the above authority and also the minimum period of time for this notification.

Illegally dismissed workers. In its previous comments, the Committee recalled the conclusions, approved by the Governing Body in November 1999, of the committee set up to examine the representation made under article 24 of the ILO Constitution in October 1998 by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) alleging non-observance of the Discrimination (Employment and Occupation) Convention 1958, (No. 111). The Committee also recalls its observation of 2000 on the application of Convention No. 111 in which, further to the communications by the USIBH and the trade union organization of the "Ljubija" iron mines concerning the dismissal of miners during the civil war, it noted that these constituted dismissals  of workers based solely on their national extraction. The Committee indicated at that time that it was the responsibility of the parties concerned (the Government, the managers of the enterprises and the workers who had made the complaints) to implement the legislation so as to ensure that the workers who have not been able to return to their former jobs, for the sole reason of their national extraction and/or religion, can receive appropriate compensation.

Recalling the requirements of Article 12 of the Convention concerning the entitlements of dismissed workers to a severance allowance or other forms of income protection, the Committee notes that the transitional provisions of the Labour Act of the Federation of Bosnia and Herzegovina (sections 143 and 144) and of the Labour Act of the Republika Srpska (sections 151 to 159, as amended by the decision of 12 November 2000 of the High Representative in Bosnia and Herzegovina) envisage addressing the issue of compensation for workers illegally dismissed as a result of the conflict which affected the country as from 1992. The Committee would be grateful to be provided with information on the implementation of these transitional provisions, including the statistics available on the number of workers who have benefited from the measures adopted and, where appropriate, information on any difficulties encountered.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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 1997 direct request, which read as follows:

The Committee notes the conclusions, approved by the ILO Governing Body, of the Committee set up to examine the representation alleging non-observance of the Convention made under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina. In its conclusions, the Committee considered that the acts described in the representation violate Article 5, paragraph (d), of the Convention and invited the Government to take various measures to ensure compliance with the provisions of the Convention. Please supply a detailed first report which includes in particular information on the application of Article 5, paragraph (d).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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:

The Committee notes that the Government’s first report has not yet been received. It also notes the conclusions, approved by the ILO Governing Body, of the Committee set up to examine the representation alleging non-observance of the Convention made under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina. In its conclusions, the Committee considered that the acts described in the representation violate Article 5, paragraph (d), of the Convention and invited the Government to take various measures to ensure compliance with the provisions of the Convention. Please supply a detailed first report which includes in particular information on the application of Article 5, paragraph (d).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's first report has not yet been received. It also notes the conclusions, approved by the ILO Governing Body, of the Committee set up to examine the representation alleging non-observance of the Convention made under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina. In its conclusions, the Committee considered that the acts described in the representation violate Article 5, paragraph (d), of the Convention and invited the Government to take various measures to ensure compliance with the provisions of the Convention. Please supply a detailed first report which includes in particular information on the application of Article 5, paragraph (d).

[The Government is asked to report in detail in 2000.]