Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bosnia and Herzegovina (Ratification: 2006)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5. Effective tripartite consultations. The Committee recalls that each of the entities constituting Bosnia and Herzegovina (BiH) is autonomous with regard to employment and labour issues. It welcomes the detailed information provided in the Government’s report concerning the application of the Convention in the three entities established by the Dayton Agreement: the Federation of Bosnia and Herzegovina (FBiH), the Republic of Srpska (RS) and the Brčko District (BD). In response to the Committee’s previous comments, the Government of FBiH indicates that, as a result of its Decision on the Termination of the Collective Agreement for the Territory of the Federation of BiH adopted by the Association of Employers of the Federation of BiH, the General Collective Agreement for the Territory of the Federation of Bosnia and Herzegovina was replaced by the new Law on Amendments to the Labour Law which entered into force in 2018 and contains provisions relating to freedom of association. The Committee notes the Government’s indication that the Convention has been incorporated into the labour legislation of the FBiH. The Government also indicates that it consults with the social partners with regard to the matters covered by the Convention. The Committee notes the Government’s indication in its supplementary information that, during the period 2018-2019 there was a delay in the activities of the tripartite Social and Economic Council of Federation of BiH, and only one meeting of the Council took place in 2019. The Government adds that the report for the meetings of the Council during 2020 will be available only at the end of the calendar year. With regard to the BD, the Committee notes that sections 5, 6, 7 and 8 of the Labour Law pertain to freedom of association. With regard to the RS, the Committee notes that, during the reporting period, the social partners were consulted and participated in the formulation of the response to the ILO questionnaire on the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted at the 106th Session of the International Labour Conference. The social partners were also consulted with respect to the procedure for the abrogation of the Inspection of Emigrants Convention, 1926 (No. 21), the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), the Hours of Work (Fishing) Recommendation, 1920 (No. 7), the Migration for Employment Recommendation, 1939 (No. 61) and the Safety Provisions (Building) Convention, 1937 (No. 62). The social partners of the RS were also consulted with regard to the procedure for withdrawal from the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), the Workmen's Compensation (Accidents) Convention, 1925 (No. 17) and the Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18). The Committee notes from the supplementary information provided by the Government that the social partners of the RS were also consulted with regard to the ratification of a number of ILO instruments. The social partners and the competent ministry agreed on the need to ratify the Labour Statistics Convention, 1985 (No. 160). Regarding the possible ratification of the Violence and Harassment Convention, 2019 (No. 190) and its accompanying Recommendation (No. 206), the workers’ representatives expressed the view that these instruments should be ratified, whereas the employers’ representatives did not concur. The Committee notes that the competent ministry has not yet rendered its opinion in this respect. The Government also indicates that the social partners of the RS are in agreement that there are no obstacles to initiating the procedure for denunciation of the Night Work (Women) Convention, 1948 (No. 89). The Committee notes that no information has been provided on the frequency of tripartite consultations in any of the entities.  The Committee requests the Government to provide information on the impact of the Law on Amendments to the Labour Law on tripartite consultations in the Federation of Bosnia and Herzegovina, the Republic of Srpska and the Brčko District. The Committee further requests that the Government provide updated detailed information on the content, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 5. Effective tripartite consultations required by the Convention. The Committee recalls that each of the entities constituting Bosnia and Herzegovina (BiH) is autonomous with regard to employment and labour issues. It welcomes the detailed information provided in the Government’s report concerning the application of the Convention in the three entities established by the Dayton Agreement: the Federation of Bosnia and Herzegovina (FBiH), the Republic of Srpska (RS) and the Brčko District (BD). In response to the Committee’s previous comments, the Government of FBiH indicates that, as a result of its Decision on the Termination of the Collective Agreement for the Territory of the Federation of BiH adopted by the Association of Employers of the Federation of BiH, the General Collective Agreement for the Territory of the Federation of Bosnia and Herzegovina was replaced by the new Law on Amendments to the Labour Law which entered into force in 2018 and contains provisions relating to freedom of association. The Committee notes the Government’s indication that the Convention has been incorporated into the labour legislation of the FBiH. The Government also indicates that there were no changes during the reporting period with regard to the organisation and work of the tripartite Economic and Social Council, and that the Government of the FBiH consults with the social partners with regard to the matters covered by the Convention. With regard to the BD, the Committee notes that sections 5, 6, 7 and 8 of the Labour Law pertain to freedom of association. With regard to the RS, the Committee notes that, during the reporting period, the social partners were consulted and participated in the formulation of the response to the ILO questionnaire on the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted at the 106th Session of the International Labour Conference. The social partners were also consulted with respect to the procedure for the abrogation of the Inspection of Emigrants Convention, 1926 (No. 21), the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), the Hours of Work (Fishing) Recommendation, 1920 (No. 7), the Migration for Employment Recommendation, 1939 (No. 61) and the Safety Provisions (Building) Convention, 1937 (No. 62). The social partners of the RS were also consulted with regard to the procedure for withdrawal from the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), the Workmen's Compensation (Accidents) Convention, 1925 (No. 17) and the Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18). The Committee notes that no information has been provided on the frequency of tripartite consultations in any of the entities. The Committee requests the Government to provide information in the impact of the Law on Amendments to the Labour Law on tripartite consultations in the Federation of Bosnia and Herzegovina, the Republic of Srpska (RS) and the Brčko District. The Committee further requests that the Government provide updated detailed information on the content, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including with regard to submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and reports on ratified Conventions (Article 5(1)(d)).

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

The Committee notes the observations of the Association of Employers of the Federation of Bosnia and Herzegovina (FBiH), received on 2 September 2016, together with the Government’s report, and the Government’s reply thereto.

Tripartite consultations required by the Convention. In its previous comments, the Committee requested the Government to provide detailed information on the content and outcome of tripartite consultations held in the three entities of Bosnia and Herzegovina on each of the matters related to international labour standards set out in Article 5(1) of the Convention. The Government of the FBiH indicates that the new Labour Law, which entered into force in 2016, contains provisions regulating freedom of association. Representatives of the Association of Independent Trade Unions of BiH and the Association of Employers of the FBiH are members of the Economic and Social Council for the Territory of the FBiH. The Government adds that the most representative organizations of employers and workers in the Republika Srpska participated in tripartite consultations concerning the possible ratification of ILO instruments. The Government indicates that, after consultations with the social partners, the Republika Srpska expressed its consent to the ratification of the Collective Bargaining Convention, 1981 (No. 154), and the Labour Relations (Public Service) Convention, 1978 (No. 151), which were ratified in 2013 and 2014, respectively. The social partners were also consulted on the possibility of ratifying the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981; since the parties did not find a common agreement, in 2014, the Government of Republika Srpska declined to ratify the protocols. In response to the Committee’s previous comments requesting the Government to indicate whether tripartite consultations in compliance with Article 5(1) related to international labour standards are held in the Brčko District. The Government indicates that workers and employers are represented by the Trade Union of the Brčko District and the Association of Employers of the Brčko District, respectively. The Economic and Social Council in the Brčko District is composed of the Government, the Association of Employers and the Trade Union. All the three entities have three representatives and one deputy each. The social partners nominate and recall its own representatives and deputies. The Committee notes that, in 2012, in order to support the work of the Economic and Social Council, the Government adopted Conclusion No. 02-000390/12 which obliges all bodies and institutions of the District to obtain the prior opinion of the Economic and Social Council when drafting labour, economic and social policy. In its observations, the Association of Employers of the FBiH affirms that there is no form of tripartite consultation, nor is there an economic and social council operating in the Brčko District. It adds that tripartite consultations are in place at the level of the FBiH, but that there still exist areas for continued development of the work of the Economic and Social Council in the territory of the FBiH. It also indicates that the opinions of the social partners are not always taken into consideration. Representatives of the Association of Employers of the Federation of BiH are not included in the management structures of the extra-budgetary funds, whereas in the Republika Srpska representatives of organizations of employers are included in the management structures of these extra-budgetary funds. The Committee requests the Government to provide in its next report detailed information on the content and outcome of the tripartite consultations held on the matters related to international labour standards covered by Article 5(1) of the Convention in each of the three entities, including information about the frequency of such consultations.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2013 which includes observations made by the Confederation of Trade Unions of the Republika Srpska (SSRS). It also notes the reports on the work of the Economic and Social Council of the Federation of Bosnia and Herzegovina in 2011 and 2012. The Committee notes that, in accordance with the specific constitutional structure and the division of responsibilities in Bosnia and Herzegovina, the Ministry of Foreign Affairs receives the texts of newly adopted ILO instruments and forwards them to the Ministry of Civil Affairs of Bosnia and Herzegovina, who in turn forwards them to the entity governments and ministries responsible for labour and employment. In the Republika Srpska, the Ministry of Labour and War Veterans consults with the social partners, who are also members of the Economic and Social Council of the Republika Srpska. In the event that all social partners support the ratification of an instrument, they shall notify the Ministry of Civil Affairs who will then verify the decisions taken in the other entities of Bosnia and Herzegovina. The SSRS indicates that tripartite social dialogue has increased over the years in the Republika Srpska and there are now about 15 tripartite bodies. It adds that the scope of the issues under discussion and work within the Economic and Social Council of the Republika Srpska is expanding, which is commendable, but there is still room for improving its performance, as well as issues that must be dealt with by means of tripartite consultations. The Committee invites the Government to include in its next report further and detailed information on the content and outcome of the tripartite consultations held in the entities of Bosnia and Herzegovina on each of the matters related to international labour standards (Article 5(1)). It also requests the Government to indicate whether tripartite consultations related to international labour standards are held in the Brčko District.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report for the June 2009–June 2011 period. It notes that funding of the work of the Economic and Social Councils of the Federation of Bosnia and Herzegovina and the Republic Srpska is ensured in the budget of the respective entities (Article 4(2) of the Convention). The Committee also notes the information on the functioning of the Economic and Social Council of the Federation of Bosnia and Herzegovina. It recalls that the ratification of 12 Conventions was registered in 2010 and that the corresponding Recommendations adopted between 1993 and 2007 were submitted to the relevant authorities in Bosnia and Herzegovina. The Committee invites the Government to provide in its next report further information on the content and outcome of the tripartite consultations held by the Economic and Social Council of the Federation of Bosnia and Herzegovina on the matters related to international labour standards covered by Article 5(1) of the Convention. It also requests the Government to include information on the operation of the consultation procedures in the Republika Srpska and the Brčko District on the matters related to international labour standards covered by the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2009. It recalls that each of the entities constituting Bosnia and Herzegovina – the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District – holds tripartite consultations and is autonomous with regard to labour and employment issues. The Committee notes that an Economic and Social Council was established by Decree No. 110 of 26 November 2008 in the Republika Srpska charged with consultations on the matters covered by the Convention. The Committee would welcome receiving further information on the consultations held in the Republika Srpska by the Economic and Social Council. It also hopes that the next report will include more precise information on the effect given by the other entities constituting Bosnia and Herzegovina to the provisions of the Convention.

Article 4, paragraph 2. Financing of training. The Committee notes that the funding of the work of the Economic and Social Council is ensured in the budget of the Republika Srpska. The Committee invites the Government to provide in its next report the provisions in force in the Federation of Bosnia and Herzegovina and the Brčko District describing arrangements made with regard to the financing of any necessary training of participants on the consultative procedures.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention received in June 2008. The report enumerates the legislative texts applicable to Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina (FBH), the Republika Srpska (RS) and the Brčko District. The Committee notes that each of the entities constituting Bosnia and Herzegovina holds tripartite consultations and is autonomous with regard to labour and employment issues. With regard to the consultations concerning international labour standards, the Committee recalls that the instruments adopted by the Conference between its 80th and 95th Sessions were sent to the authorities concerned and to the social partners of the entities, including those of the Brčko District, for examination with a view to an eventual ratification (Article 5, paragraph 1(b), of the Convention). The Government indicates that it circulates the reports on the application of the ratified Conventions to the workers’ and employers’ organizations of each entity (Article 5, paragraph 1(d)). The Committee therefore hopes that the next report will include more precise information on the effect given by the corresponding authorities to all of the matters related to international labour standards covered by the Convention. Furthermore, the Committee requests specific information on the subject, frequency and nature of any reports or recommendations resulting from the consultations held by the tripartite bodies established by each of the entities constituting Bosnia and Herzegovina on the matters required by the Convention.

Article 4, paragraph 2. Financing of training. Please describe any arrangements made for the provision of financing by the entities constituting Bosnia and Herzegovina for any necessary training of participants on the consultative procedures.