Paid Educational Leave Convention, 1974 (No. 140) - Bosnia and Herzegovina (Ratification: 1993)

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

Articles 2–5 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. In its previous comments, the Committee requested the Government to provide information on measures taken or envisaged to formulate and apply a policy designed to promote the granting of paid educational leave. The Committee notes that the Government’s report provides information on provisions of the national legislation that provide for paid leave for educational purposes. In particular, the Committee notes the information provided concerning the right to compensation for professional training. The Government reports that the Law on Labour in the Institutions of Bosnia and Herzegovina (BiH) provides for professional education, training and development, compensation for which shall be regulated under an Employer’s Act. In addition, employees have the right to compensation for costs of additional professional education and development for performing work tasks at a satisfactory standard. The Committee also notes that the Law on Civil Service in the Institutions of BiH stipulates that special loans for professional training and development of civil servants shall be established by agency decision. In addition, the BiH Council of Ministers issued a Decision on the method and procedure of exercising the right to compensation for education and professional development in the institutions of BiH. The Government indicates that section 53 of the new Labour Law for the Republika Srpska provides that an employer may refer a worker for professional training and development and that the worker is entitled to payment of his/her salary for the hours spent in these activities. Section 55 stipulates that the costs of education, professional training and development shall be covered by the employer’s resources and other sources. Furthermore, the Committee notes that section 53 of the new BiH Labour Law stipulates that a worker is entitled to paid leave to pursue education or professional training and development, as well as education for the needs of trade union work. In respect of the Brcko District (BD), the Government indicates that section 18 of the BD Law on Labour specifies that an employer may enable education, training and development for an employee that is considered necessary for the employee’s work, and that this will be at the expense of the employer. In addition, the Committee takes note of the excerpts from three collective agreements submitted by the Government which, inter alia, stipulate that employees in the field of electric power are entitled to paid leave for professional education and workers in the mining field have the right to professional education under the conditions set out in a special contract between employer and worker. The Committee notes that, while the national legislation addresses paid educational leave, the conditions for such leave are still left to collective agreements and rulebooks on work to regulate its conditions, its method, its duration and the corresponding compensation. Furthermore, it notes that the national legislation does not address paid educational leave for the purposes of general, social, civic and trade union education, as required under Article 2 of the Convention. The Committee therefore requests the Government to provide updated and detailed information on the policies and measures taken or envisaged, in consultation with the social partners, to promote the granting of paid educational leave for the purpose of general, social and civic education (Article 2(b)), and trade union education (Article 2(c)). The Committee further requests the Government to continue to provide extracts of the relevant collective agreements, together with extracts of reports, studies or inquiries relating to the practical application of the Convention, and available statistics, disaggregated by sex and age, on the number of workers granted paid educational leave (Part V of the report form).

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

The Committee notes the Government’s report received in August 2013, which includes observations made by the Union of Association of Employers of the Republika Srpska and the Confederation of Trade Unions of the Republika Srpska (SSRS). The Government of the Federation of Bosnia and Herzegovina and the Government of the Republika Srpska reiterate that the reason for the absence of a national policy to promote paid educational leave is that the terms and methods of education, training and professional development are governed by collective agreements and employment rules. The Committee takes note of the excerpt from one collective agreement submitted by the Government of the Federation of Bosnia and Herzegovina which stipulates that employees of administrative authorities and judicial authorities have the right to paid absence from work for the preparation and skills examination required for the job to which the employee is assigned. The Committee also notes that the Adult Education Law of the Republika Srpska stipulates that the right to absence from work for education and training is regulated by the law and collective agreements. In its observations, the SSRS points out that only a small number of employees are granted paid educational leave and indicates that given the importance of education and training, it has demanded and incorporated in the general collective agreement a provision to grant paid educational leave. The Committee invites the Government to continue providing in its next report extracts of other collective agreements as well as relevant regulatory texts which give effect to the Convention. The Government is also invited to include in its next report relevant information and documentation, such as reports, studies and statistics that would allow an appreciation of the application of the Convention in practice (Part V of the report form).

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

The Committee notes the Government’s report received in June 2008. The Government reiterates that there is no policy for the promotion of paid education leave, because the matter is regulated in detail under collective and other enterprise-internal agreements. In this regard, the Committee recalls once again that the requirement, set out in Article 2 of the Convention, is to “formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave”. The Committee invites the Government to provide in its next report extracts of the collective agreements and other relevant regulatory texts which give effect to the Convention. It hopes that the report will also contain information on the effect given to each provision of the Convention and other useful documentation such as reports, studies, inquiries and statistics allowing an appreciation of the application of the Convention in practice (Part V of the report form).

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

The Committee notes the Government’s report for the period ending June 2005 and observes that the brief indications contained therein do not enable it to assess the effect given to the provisions of the Convention. Furthermore, the Committee notes with concern that the Government stresses that there is no policy for the promotion of paid educational leave. In this regard, it recalls the fundamental requirement, set out in Article 2 of the Convention, to “formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave” for the various purposes laid down. The Committee hopes to find in the Government’s next report information on the measures taken or envisaged for this purpose. It invites the Government to supply full information on the effect given to each provision of the Convention and to supply all reports, studies, inquiries and statistics allowing appreciation of the application of the Convention in practice (Part V of the draft report).