Collective Bargaining Convention, 1981 (No. 154) - Bosnia and Herzegovina (Ratification: 2014)

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 proceeded with the examination of 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.

The Committee notes the 2018 amendment of the Labour Act of the Federation of Bosnia and Herzegovina, 2016 (FBiH Labour Act) and of the Labour Act of the Republika Srpska, 2016 (the RS Labour Act), as well as the adoption of the Act on Civil Service in Administrative Bodies of the Brčko District, 2018 (BD Act on Civil Service), the Labour Act of the Brčko District, 2019 (BD Labour Act) and the Act on Inspections of the Republika Srpska, 2020.

Article 1 of the Convention. Collective bargaining in the public sector at the level of the Republic. In its previous comments, the Committee requested the Government to provide information on any progress made with regard to the elaboration of the collective bargaining agreement for employees in the Institutions of Bosnia and Herzegovina and on the number of collective agreements concluded in the public sector at the level of the Republic, as well as the number of workers covered. The Committee further requested the Government to indicate the legal provisions granting civil servants at the level of Bosnia and Herzegovina the right to collective bargaining. The Committee notes the Government’s indication that under sections 90 and 91 of the Labour Act in the Institutions of Bosnia and Herzegovina, collective agreements can be concluded by one or more trade unions and one or more employers or employers’ associations and that the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina has initiated a collective bargaining procedure. The Government also informs that apart from this trade union, the Association of Trade Unions of the Police Authorities of Bosnia and Herzegovina and the Trade Union of the Employees of the Indirect Taxation Authority of Bosnia and Herzegovina also acquired the status of a collective bargaining agent in the registry of associations and foundations. The Committee further observes that despite having previously referred to an inter-sectoral working group established in 2013 to draft a collective bargaining agreement for workers in the Institutions of Bosnia and Herzegovina, the Government reports that no collective bargaining agreements have been concluded. In light of the above, the Committee requests the Government to indicate the outcome of the bargaining process initiated by the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina and to continue to provide information on any other collective agreement concluded and in force in the public sector at the level of the Republic, the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Collective bargaining in the public sector in the Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. The Committee previously requested the Government to provide statistics on the number of collective agreements concluded in the public sector in the Federation of Bosnia and Herzegovina, in the Republika Srpska and in the Brčko District, and on the institutions in which they apply and the number of workers covered. The Committee welcomes the detailed statistics provided by the Government on the number of sectoral collective agreements concluded and presently valid and the sectors to which they apply in the Federation of Bosnia and Herzegovina (officers in the administrative and judicial authorities, electric power industry, postal traffic and the mining sector), as well as in the Republika Srpska (employees in the administrative authorities, internal affairs, public services, education and culture, healthcare, local self-government, judicial institutions, welfare institutions, utilities and service sector and in the State-owned forest enterprise “Šume Republike Srpske”). It further welcomes the Government’s indication in its supplementary report that due to the current situation relating to the COVID-19 crisis and the declaration of a state of emergency in the Republika Srpska, agreements were concluded until September 2020 providing for the extension or amendments of collective agreements, with the goal of extending their validity and preserving the level of rights that had been gained. The Committee also notes with interest the Government’s indication that, in the Federation of Bosnia and Herzegovina, collective bargaining is the main mechanism for determining conditions of employment and working conditions between public authorities and civil servants’ organisations, as demonstrated by the Collective Agreement for Employees in Administrative Authorities and Judicial Bodies in the Federation of Bosnia and Herzegovina, 2020. The Committee notes the Government’s statement that no collective agreements have yet been concluded in the Brčko District and refers to its more detailed comments below.

The Committee previously observed from the detailed information provided on the amendments of section 138 and 138(a) of the FBiH Labour Act that the applicable legislation regulates in detail the parties to collective bargaining at different levels and allows for tripartite bargaining, with the participation of the FBiH Government, cantonal or municipal entities, in several instances of collective bargaining at the sectoral and national levels. The Committee takes note of the information provided by the Government in its supplementary report and refers to its comments made under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Application of the Convention in practice. In its previous comment, having noted that under section 182 of the FBiH Labour Act, all collective agreements must be amended to comply with the Labour Act within 120 days from its entry into force, otherwise they cease to apply, the Committee requested the Government to indicate whether any collective agreements have been affected by the application of this section and, if so, whether the provisions of existing collective agreements that were not contrary to the new Labour Act, continued to apply until the conclusion of a new collective agreement. The Committee regrets to observe, from the Government’s supplementary report, that following the amendment of the FBiH Labour Act, a certain number of collective agreements ceased to apply either because they were not harmonized with the law within 120 days (section 182) or because the unions lacked representativeness according to the criteria introduced by the new law. It also notes that the exact number of repealed agreements is unclear as there was no register of collective agreements at the time in the Federation of Bosnia and Herzegovina. The Committee considers that more flexibility could have been applied to ensure that only provisions of collective agreements contrary to the new Labour Act were abrogated or replaced by the law, whereas provisions that were not contrary to the Labour Act continued to apply until the conclusion of a new collective agreement. The Committee therefore invites the Government to adopt this approach in the future and trusts that the parties to the repealed collective agreements are able to freely negotiate and conclude new agreements. The Committee requests the Government to continue to provide information on the number of collective agreements concluded and in force in the Federation of Bosnia and Herzegovina and the Republika Srpska, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Brčko District. The Committee notes, from the Government’s supplementary report, that sections 147–156 of the new BD Labour Act regulate the matter of collective bargaining in the Brčko District but that no collective agreements have yet been concluded. The Committee observes that under section 152, the Government may, for justified reasons, at the request of an employer or an employers’ association, decide that certain provisions of a general or branch collective agreement relating to wages or wage compensations, do not apply to individual employers or individual branches of activity in a particular period, especially in the event that the application of these provisions would jeopardize the current liquidity or overall business and financial results of the employer. The Committee recalls in this regard that interventions by the public authorities which have the effect of cancelling or modifying the content of collective agreements freely concluded by the social partners would be contrary to the principle of free and voluntary negotiations. The Committee therefore requests the Government to provide information on the practical application of section 152 of the BD Labour Act and to consider reviewing this provision, in consultation with the representative organizations of workers and employers, so as to remove the possibility for the authorities to intervene in collective agreements freely concluded by the social partners. The Committee further requests the Government to continue to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

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

The Committee notes the 2018 amendment of the Labour Act of the Federation of Bosnia and Herzegovina, 2016 (FBiH Labour Act) and of the Labour Act of the Republika Srpska, 2016 (the RS Labour Act). The Committee notes that a new labour law is in the process of being adopted in the Brčko District.

Article 1 of the Convention. Collective bargaining in the public sector at the level of the Republic. In its previous comments, the Committee requested the Government to provide information on any progress made with regard to the elaboration of the collective bargaining agreement for employees in the Institutions of Bosnia and Herzegovina and on the number of collective agreements concluded in the public sector at the level of the Republic, as well as the number of workers covered. The Committee further requested the Government to indicate the legal provisions granting civil servants at the level of Bosnia and Herzegovina the right to collective bargaining. The Committee notes the Government’s indication that under sections 90 and 91 of the Act on Labour in the Institutions of Bosnia and Herzegovina, collective agreements can be concluded by one or more trade unions and one or more employers or employers’ associations and that the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina has initiated a collective bargaining procedure. The Government also informs that apart from this trade union, the Association of Trade Unions of the Police Authorities of Bosnia and Herzegovina and the Trade Union of the Employees of the Indirect Taxation Authority of Bosnia and Herzegovina also acquired the status of a collective bargaining agent in the registry of associations and foundations. The Committee further observes that despite having previously referred to an inter-sectoral working group established in 2013 to draft a collective bargaining agreement for workers in the Institutions of Bosnia and Herzegovina, the Government reports that no collective bargaining agreements have been concluded. In light of the above, the Committee requests the Government to indicate the outcome of the bargaining process initiated by the Trade Union of Civil Servants and Employees in the Institutions of Bosnia and Herzegovina and to continue to provide information on any other collective agreement concluded in the public sector at the level of the Republic, as well as on the number and categories of persons covered by such agreements.

Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. The Committee previously requested the Government to provide statistics on the number of collective agreements concluded in the public sector in the Federation of Bosnia and Herzegovina, in the Republika Srpska and in the Brčko District, and on the institutions in which they apply and the number of workers covered. The Committee welcomes the detailed statistics provided by the Government on the number of sectoral collective agreements concluded since 2016 and the sectors to which they apply in the Federation of Bosnia and Herzegovina (wood and paper industry, officers in the administrative and judicial authorities, electric power industry, trade, postal traffic, rail workers, metal production and processing, telecommunications and textile, leather, rubber and footwear industry), as well as in the Republika Srpska (employees in the administrative authorities, internal affairs, public services, education and culture, healthcare, local self-government, judicial institutions, utilities and service sector and in the field of social protection – the above agreements cover all 47,725 employees in public administration and defence, compulsory social insurance and education).

The Committee further observes from the detailed information provided on the amendments of section 138 and 138(a) of the FBiH Labour Act that the applicable legislation regulates in detail the parties to collective bargaining at different levels and allows for tripartite bargaining, with the participation of the FBiH Government, cantonal or municipal entities, in several instances of collective bargaining at the sectoral and national levels. It recalls in this regard that collective bargaining should essentially be bipartite and that the participation of public authorities should be limited to issues which are broad in scope, such as the formulation of legislation and economic or social policy or the fixing of the minimum wage rate. The Committee requests the Government to take the necessary measures to ensure that, as a general rule, negotiations of collective bargaining agreements are conducted in a bipartite context, including at the national and sectoral levels, in order to ensure that the parties enjoy full autonomy in this respect. It requests the Government to continue to provide statistics on the number of collective agreements concluded in the public sector, the industries to which they refer and the number of workers covered.

Application of the Convention in practice. In its previous comment, having noted that under section 182 of the FBiH Labour Act, all collective agreements must be amended to comply with the Labour Act within 120 days from its entry into force, otherwise they cease to apply, the Committee requested the Government to indicate whether any collective agreements have been affected by the application of this section and, if so, whether the provisions of existing collective agreements that were not contrary to the new Labour Act, continued to apply until the conclusion of a new collective agreement. While noting that the Government provides information on the collective agreements currently in force in the public sector, the Committee observes that it does not clarify whether any agreements were abrogated as a result of section 182 of the FBiH Labour Act. The Committee requests the Government to provide information in this regard. The Committee also requests the Government to continue to provide information on the number of collective agreements concluded in the Federation of Bosnia and Herzegovina and the Republika Srpska, the sectors to which they apply and the number of workers covered.

Brčko District. The Committee notes the information provided by the Government on the legislative provisions (sections 96–98 of the Brčko District Labour Act (BD Labour Act)) regulating collective bargaining in the Brčko District and observes that, as indicated by the Government, no collective agreements have yet been signed but following the adoption of the new BD Labour Act, activities will be undertaken to adopt collective agreements. The Committee requests the Government to indicate what measures are being taken to promote collective bargaining in the Brčko District and to continue to provide information on the number of collective agreements signed and the number and categories of workers covered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee takes note of the Government’s first report, of the observations from the Association of Employers of the Federation of Bosnia and Herzegovina (AEFBiH) provided in the Government’s report and of the Government’s comments thereon, which are examined under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

Article 1 of the Convention. Collective bargaining in the public sector at the level of the Republic. The Committee notes the Government’s indication that in 2013, the Council of Ministers adopted a decision on the establishment of an intersectoral working group (composed of representatives of employers, the Independent Trade Union of Civil Servants and Police Officers, the employees at Bosnia and Herzegovina institutions, judicial authorities and public institutions) to draft the Collective Agreement on Employees in the Institutions of Bosnia and Herzegovina in 2013. The Committee requests the Government to provide information on any progress made in this regard and on the number of collective agreements concluded in the public sector at the level of the Republic, as well as the number of workers covered. The Committee further requests the Government to indicate the legal provisions granting civil servants at the level of Bosnia and Herzegovina the right to collective bargaining and to provide a copy of the Act on Work in Institutions of Bosnia and Herzegovina, 2004.

Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. The Committee further notes the Government’s indication that the Federation of Bosnia and Herzegovina Labour Act (FBiH Labour Act) does not make a distinction in respect of any branch of economic activity, and that it is also applicable to the public sector: under section 138(3) of the FBiH Labour Act, sectoral collective agreements for employees at the civil service bodies, judicial authorities, public institutions and other budget beneficiaries are concluded by the relevant ministries, the FBiH Government or cantonal governments, on the one hand, and representative trade unions of civil servants and employees, public institutions and other budgetary beneficiaries, on the other hand. In this regard, the Committee notes that a sectoral collective agreement concerning employees of administrative bodies and judicial authorities is currently in force. The Committee also notes the Government’s statement that under the Republika Srpska Labour Act (RS Labour Act), collective bargaining and conclusion of collective agreements can be done freely in all branches of economic activity, and that there are no obstacles to collective bargaining in the field of public services or the police. The Committee requests the Government to provide statistics on the number of collective agreements concluded in the public sector, in the Federation of Bosnia and Herzegovina, in the Republika Srpska and in the Brčko District, and on the institutions in which they apply and the number of workers covered.

Application of the Convention in practice. The Committee notes the Government’s indication that under section 182 of the new FBiH Labour Act, all collective agreements must be amended to comply with the Labour Act within 120 days from its entry into force, otherwise they cease to apply. In so far as section 182 of the FBiH Labour Act aims at ensuring that the content of collective agreements respects the minimum level of protection envisaged in the legislation, this provision is not contrary to the Convention. The Committee requests the Government to indicate whether any collective agreements have been affected by the application of section 181 and, if so, whether the provisions that are not contrary to the new Labour Act, continue to apply until the conclusion of a new collective agreement.

The Committee further notes with interest the Government’s indication that 21 sectoral collective agreements are currently in force in the Federation of Bosnia and Herzegovina in the following sectors: trade, hospitality and tourism; chemistry and non-metals; administrative bodies and judicial authorities; finance; construction, industry of building materials and design; oil and petrochemical economy; forestry, wood processing and paper production; primary education; secondary education; agriculture, food, tobacco and water management; metal production and processing; telecommunications; postal services; mining; health; utility sector; electric power industry; railways; transport; textile, leather processing and rubber; and graphic, publishing and media activities. The Committee requests the Government to continue to provide information on the number of collective agreements concluded in the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, the sectors to which they apply and the number of workers covered.

Brčko District. Noting the Government’s indication that the competent institutions of the Government of the Brčko District have not submitted their report on the application of the Convention, the Committee expects to receive information in this respect in the Government’s next report.