Home Work Convention, 1996 (No. 177) - Bosnia and Herzegovina (Ratification: 2010)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1, 2 and 3 of the Convention. National policy on home work. The Committee recalls the Government’s 2013 indications concerning its intent to develop a policy on home work in the near future, in consultation with the social partners. The Government reports that section 26 of the new FBiH Labour Law, which entered into force in 2016, and section 15(a) of the Act amending the Labour Law of the Brčko District (No. 20/13), regulate employment contracts concluded for tasks performed outside the workplace of the employer. With regard to the Republika Srpska, the Committee notes that, while its Labour Law regulates employment contracts for the purpose of performing household helper tasks, an extremely small number of employment contracts for homeworkers and household helpers are registered in the territory of the Republika Srpska (less than ten). The Government indicates that there is no tradition of employing this category of workers and often potential employers do not have the economic conditions to enable them to do so. Therefore, there have been no specific activities or consultations aimed at developing a policy on home work in the Republika Srpska. The Committee notes that, while the legislation of each of the three entities regulates work performed outside the workplace of the employer, homeworkers as such are not regulated. Recalling that Article 3 of the Convention requires ratifying States to adopt, implement and periodically review a national policy on home work, in consultation with the social partners and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers, the Committee requests the Government to provide information on measures taken and consultations held in relation to the development of a national policy on home work. The Committee requests that the Government provide updated information regarding the development of any draft legislation and policy on homeworkers.

Article 4(2). Equality of treatment. The Government indicates that section 4 of the Labour Law of the Brčko District prohibits discrimination against both jobseekers and workers. It adds that, since home work is not addressed in the legislation of the Brčko District, it cannot provide specific information on the issue of equality of treatment between homeworkers and other workers. Referring to its 2014 comments, the Committee requests the Government to provide information on the manner in which equality of treatment is ensured between homeworkers and other workers in the Brčko District in relation to the eight areas contemplated under Article 4(2), including in relation to social security protection (Article 4(2)(e)).

Article 8. Use of intermediaries. The Committee notes that the Government has not provided information on this point with respect to the Brčko District. The Committee therefore once again requests the Government to provide information on whether the use of intermediaries in home work is permitted in the Brčko District, and if so, the manner in which this practice, if it exists, is regulated.

Article 9. Enforcement measures. The Government indicates that homeworkers in the Republika Srpska are treated on an equal basis with other workers with regard to the protection of their rights through labour inspection or through court proceedings. Nevertheless, the Government reports that, given the very low number of homeworkers in the Republika Srpska, no special inspection activities have been carried out in relation to this category of workers. The Committee notes that the reports on the work of labour inspection in the FBiH did not contain information on inspections in relation to homeworkers. The Committee accordingly requests the Government to provide in future reports detailed information on inspection visits in relation to homeworkers, infringements observed and sanctions imposed with special reference to all three entities.

Part V of the report form. Application in practice. The Committee welcomes the information provided by the Government regarding the support provided by the FBiH Fund for Professional Rehabilitation and Employment of Persons with Disabilities for the employment of persons with disabilities, who perform work from home. It notes that, from 2011 until 2017, the Fund supported the employment of 2,732 persons with disabilities, of whom 694 started an independent home-based activity as their principal occupation, such as a handicraft businesses, or manufacture of products. The Committee requests the Government to provide information of a general nature concerning the application of the Convention in practice, including statistics on the number of workers covered by the Convention, broken down by gender and age and copies of official reports or research studies concerning the working conditions of homeworkers. In addition, the Committee invites the Government to continue to provide information on the nature and impact of the support provided from the FBiH Fund to promote the employment of persons with disabilities who are working from home in accordance with the relevant legislation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1, 2 and 3 of the Convention. National policy on home work. With reference to its previous comment concerning the adoption of a national policy on home work, the Committee notes the Government’s indication that due to the extremely small number of household helpers, there has been no specific activity to develop a national policy on home work in Bosnia and Herzegovina. It also notes the Government’s indication that it intends to develop such a policy in the near future with the participation of representatives of trade unions and employers. The Committee wishes to draw the Government’s attention to Article 1 of the Convention, which provides that home work means work carried out by a person in his or her home or in other premises of his or her choice, other than the workplace of the employer, for remuneration, which results in a product or service as specified by the employer. Furthermore, according to Article 2, the Convention applies to all persons carrying out home work within the meaning of Article 1 and is therefore not limited to household helpers. The Committee would appreciate receiving up to date information regarding the status of draft legislation on homeworkers in the Federation of Bosnia and Herzegovina (BiH) as well as the Brcko District and the Republika Srpska and requests the Government to keep it informed in this regard.

Article 4(2)(e). Social security protection. With reference to its previous comment regarding social security protection, the Committee notes the Government’s indication that the social protection system of the BiH Federation makes no difference between workers on the basis of the workplace. It further notes that in the Republika Srpska homeworkers enjoy the same social security rights as other workers. According to Article 4 of the Convention, the national policy on home work should promote, as far as possible, equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise. The Committee notes, however, that the Government’s report is silent on this point regarding the Brcko District. It therefore once again requests the Government to indicate how effect is given to Article 4 of the Convention in the Brcko District.

Article 8. Use of intermediaries. With reference to its previous comment concerning the use of intermediaries, the Committee notes the Government’s indication that in the BiH Federation, Employment Agencies generally serve as employment mediator, without going into specific elements of the contract (such as the workplace), because it is considered as the subject of an agreement between the employer and the employee. It further notes the Government’s indication that the use of intermediaries in home work is not permitted in the Republika Srpska. According to Article 8 of the Convention, the respective responsibilities of employers and intermediaries should be determined by laws and regulations or by court decisions, in accordance with national practice, where the use of intermediaries in home work is permitted. It notes, however, that the Government’s report is silent on this point with respect to the Brcko District. It therefore once again requests the Government to provide further information on whether the use of intermediaries in home work is permitted for the purpose of finding jobs in homeworking in the Brcko District, and if so, how it is regulated.

Article 9. Enforcement measures. The Committee notes the Government’s indication that homeworkers have similar rights as other workers regarding the possibility of protecting their rights by going to the Labour Inspectorate. According to Article 9 of the Convention, a system of inspection consistent with national law and practice should ensure compliance with the laws and regulations applicable to home work. Furthermore, adequate remedies, including penalties where appropriate, in case of violation of these laws and regulations should be provided for and effectively applied. The Committee would appreciate receiving detailed information on inspection visits, infringements observed and sanctions imposed with special reference to all three entities.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. National policy on home work. The Committee notes the Government’s first report, which indicates that at present, homeworkers are not regulated as a special category of workers in the Federation of Bosnia and Herzegovina (BiH), but that a new labour law is in preparation that will contain specific provisions relating to homeworkers. The Committee also notes the Government’s statement that with respect to the Brcko District, the Convention is presently not implemented in laws and regulations, but draft amendments to the Labour Law are now being considered to regulate employment contracts concluded for performing tasks outside the premises of the employer. The Committee requests the Government to keep the Office informed of further developments regarding the finalization of draft legislation on homeworkers in the Federation and the Brcko District and to transmit any new text once it has been adopted. It also requests the Government to provide full particulars on the manner in which the Convention is applied both in law and in practice in the Republika Srpska.

Article 4(2)(e). Social security protection. The Committee notes that the Government’s report is silent on this point. The Committee accordingly requests the Government to indicate how equality of treatment is promoted, as far as possible, between homeworkers and other wage earners in relation to social security protection. It also requests the Government to indicate how effect is given to Article 4 of the Convention in the Republika Srpska and the Brcko District.

Article 6. Statistics. The Committee notes that the Government’s report merely indicates that homeworkers are covered by the official statistics kept by area or sector without further elaboration. The Committee requests the Government to make every effort to collect and communicate, to the extent possible, specific data on homeworking in all three entities.

Article 8. Use of intermediaries. The Committee notes the Government’s indication that with respect to the BiH Federation, the function of the mediation in employment is performed by the Employment Service as public authorities without further elaboration while no information is provided with respect to the situation in either the Republika Srpska or the Brcko District. The Committee accordingly requests the Government to provide additional explanations as to whether mediation is permitted for the purpose of finding jobs in homeworking, and if so, how it is regulated, in all three entities.

Article 9. Enforcement measures. The Committee notes the Government’s indication that with respect to the BiH Federation, home work is covered by the general labour legislation and therefore is subject to labour inspection while no information is provided with respect to the situation in either the Republika Srpska or the Brcko District. The Committee accordingly requests the Government to provide in future reports more detailed information on inspection visits, infringements observed and sanctions imposed with special reference to all three entities.