Workers with Family Responsibilities Convention, 1981 (No. 156) - Bosnia and Herzegovina (Ratification: 1993)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Legislative developments. The Committee notes the adoption in the Federation of Bosnia and Herzegovina (BiH) of the Law of 17 September 2021 on parents and caregivers and the Law of 29 June 2022 on material support for families with children. The Committee asks the Government to provide detailed information on the content of the new provisions relevant to the application of the Convention and their application, including in relation to the issues raised below.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication, in its report, that, although certain progress has been made in the application of the Convention with respect to gender equality and family responsibilities, in practice the situation in employment and occupation for workers with family responsibilities, especially women, is less favourable than the standards laid down in the legislation. The Government adds that in 2108 the Council of Ministers adopted the third Gender Action Plan (GAP) (2018-2022). The Committee welcomes: (1) the adoption by the Agency for Gender Equality and the Ministry of Human Rights and Refugees, under the GAP, of a Recommendation for Employers and Competent Authorities Regarding Gender Equality and Employment spelling out that less favourable treatment of women in employment because of pregnancy and motherhood amounts to direct gender-based discrimination and is punishable; (2) the development by the Agency and the Ministry of framework guidelines for the protection of the human rights of mothers and the development of parenthood that are aimed at harmonizing different regulations on maternity and parental leave existing in Bosnia Herzegovina and the various cantons; and (3) the research they have conducted on the impact of the division of family responsibilities and household chores on the professional life of employed women which concludes that household chores and responsibilities for childcare continue to be heavily shouldered by women, adversely affecting their private and professional lives. Furthermore, the Committee notes from the concluding observations of the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) that there continue to be highly unequal distribution of unpaid domestic and care responsibilities between women and men and insufficient provision of social support for the caring of children, older persons and persons with disabilities (E/C.12/BIH/CO/3, 11 November 2021, paragraph 36). The Committee also notes the concerns expressed by the UN Committee on the Elimination of Discrimination against Women (CEDAW) about the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in family and in society (CEDAW/C/BIH/CO/6, 12 November 2019, paragraph 23). The Committee asks the Government to step up its efforts to promote a more equitable sharing of family responsibilities between men and women, and to provide specific information on:

• (i)the impact of the above Recommendation, including any cases of discrimination against men and women workers with family responsibilities detected by the labour inspectors or brought before the courts under section 13 of the Law on Gender Equality of Bosnia and Herzegovina, as consolidated in 2010 - which prohibits gender discrimination at work, including with regard to workers with family responsibilities, the number of sanctions applied and the remedies granted;
• (ii)the adoption of the framework guidelines for the protection of human rights of mothers and the development of parenthood and their impact; and
• (iii)the implementation of the GAP 2018-2022, the main obstacles encountered and the achievements, as well as the interventions envisaged as a follow-up, including any measure designed to enhance the support available for the care of children, older persons and persons with disabilities.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes the Government’s clarification that: (1) section 62(5) of the Labour Code of the Federation of BiH provides for fathers’ leave entitlement before the end of the post-partum period of 42 days’ leave that is regulated in section 62 (4); (2) the “justified reasons” entitling a father to such leave may encompass situations related to the health of the mother that are such as to make her unable to use her maternity leave and take care of the child, like hospitalisation or coma; and (3) section 62(4) and (5) of the Labour Code also applies to adoptive parents or a person entrusted with childcare. The Committee notes from the statistics provided by the Government that: (1) only a small share of men and women employees (0.67 per cent) took parental or maternity leave during the last five years; and (2) in 2021, only 29 men out of 4,228 workers (representing 0,69 per cent of the total concerned) exercised the right to parental leave in the Republika Srpska. In this regard, the Committee notes that the CESCR expressed its concern at the minimal proportion of men taking parental leave as well as at the low level of coverage of maternity leave and allowance and the different amounts of maternity allowance among entities and cantons, with some cantons not paying such an allowance at all (E/C.12/BIH/CO/3, 11 November 2021, para. 36). The Committee asks the Government to:

• (i)take proactive measures to promote the use of parental leave by fathers; and
• (ii)continue to provide statistical information on the number of men and women workers taking leave entitlements.

Article 5. Childcare and family services and facilities. The Committee notes from the statistical information supplied by the Government that, in school year 2021/2022, 18,236 children (between 6 months and 6 years of age) were enrolled in pre-schools, either public or private. Recalling that previously the Government acknowledged the lack of childcare services, the Committee again asks the Government to indicate:

• (i)the measures envisaged to assist workers with family responsibilities in order to enable them to join the work force or improve their career opportunities; and
• (ii)the progress made in extending coverage of care services and facilities for other dependent members of the family.

Article 6. Information and education. The Committee reiterates its request for information on the concrete measures taken or envisaged, and the specific results achieved, to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women. It also asks the Government to provide information on any action taken by the competent authorities at the federal and entity levels in this respect.

Article 7. Vocational guidance and training. The Committee notes the information provided by the Government about various activities and projects implemented to promote women’s entrepreneurship and participation in the labour market, in both rural and urban areas, including measures designed to support them in the face of the crisis due to the COVID-19 pandemic. The Committee asks the Government to provide information on the specific measures adopted under these projects to cater for the specific needs of all workers with family responsibilities, in particular for their integration and maintenance in the labour market as well as their reintegration in the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. Recalling that section 60 of the Labour Law, which protects employees with family responsibilities against termination of employment, applies only to permanent employees and noting that the Government’s report does not provide information regarding the protection against dismissal of workers under fixed-term contracts, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on any cases of discriminatory dismissals of such workers on the basis of family responsibilities that have been addressed by the labour inspectors or the courts, disaggregated by sex.

Article 11. The Committee asks the Government to provide information on the participation of the social partners in designing and implementing measures to implement the Convention, including examples of measures regarding workers with family responsibilities resulting from the work of the social and economic councils.

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

Legislative developments. The Committee notes the adoption of a new Labour Code of the Federation of Bosnia and Herzegovina in 2016 (Law No. 26/16), which introduces new provisions relevant to the application of the Convention, in particular Articles 4 and 8 of the Convention.

Article 3. National policy. In its previous request, the Committee had asked the Government to indicate the practical measures taken, under the Gender Equality Law of 2003 and the Gender Action Plan 2013–17, to enable men and women with family responsibilities to work, or those who wish to work, to exercise their right to do so without conflict between their employment and family responsibilities. The Government indicates in its report that progress has been made in this regard, through the adoption of both legislative and policy measures. The Law on Gender Equality was amended in 2009 and consolidated in 2010 (Law No. 32/10). It prohibits gender discrimination at work, including with regard to workers with family responsibilities (section 13). Furthermore, within the context of the Gender Action Plan of Bosnia and Herzegovina, adopted for the period 2013–17 (No. 98/13), the balancing of private and professional life is applied as a cross-cutting issue in all strategic areas, including labour, employment and access to economic resources (I.3.8). The Committee asks the Government to provide information on the practical application of section 13 of the Law on Gender Equality of Bosnia and Herzegovina, as consolidated in 2010, as well as on the results achieved under the Gender Action Plan of Bosnia and Herzegovina with regard to equality of treatment and opportunities of workers with family responsibilities.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes that, pursuant to the Labour Code of 2016 (BiH Law No. 26/16), a woman is entitled to “maternity” leave of one year covering pregnancy, delivery, and care for the baby (section 62(1)), and that a father of a child is entitled to such leave only if the mother dies, abandons the baby, or is prevented from using the leave for other “justified reasons” (section 62(5) – previously section 56 of the Labour Law of 1999). The Committee had asked the Government to clarify what could be considered as “justified reasons” for the father or adoptive parent to be entitled to “maternity” leave. In its report, the Government indicates that, apart from the specific cases under section 62(5), the father is entitled to “maternity” leave from 42 days after the birth of the child and if agreed between the parents (section 62(4)). With regard to adoptive parents and a person entrusted with childcare, the Government indicates that, pursuant to section 70, they are entitled to one year’s paid “maternity” leave (sections 62(1) and (3), and 68), the right to work half time after taking “maternity” leave (sections 63, 64 and 69) or use unpaid leave until the baby has turned three years of age (section 67). The Government further indicates that an employee is entitled to paid leave of up to seven working days in a calendar year in the case of childbirth or a serious disease of a member of the close family or household. With regard to statistics relating to the extent to which men and women workers make use of the leave entitlements and reduce their working hours, the Committee notes the Government’s statement that no data exist, as the employer has no obligation to provide such information to the competent authorities. The Committee notes with interest the provisions on leave entitlements of the new Labour Code, and once again asks the Government to indicate what would be considered “justified reasons” for the father to be entitled, under section 62(5), to one year’s paid “maternity” leave. It also asks the Government to provide information on whether section 62(4) and (5) of the Labour Law of 2016 applies to adoptive parents or a person entrusted with childcare. In addition, recalling the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention, the Committee encourages the Government to take the necessary steps to compile statistics, disaggregated by sex, on the extent to which men and women workers make use of the leave entitlements and reduced working hours under the Labour Code.

Article 5. Childcare and family services and facilities. The Committee recalls that it had asked the Government to provide information on the measures taken or envisaged to assist workers with family responsibilities with childcare and family services and facilities. It had, in particular, asked the Government to indicate whether the provisions on social protection for families with children, under the Law on Basic Social Protection, Protection of Civilian War Victims and Families with Children, envisages childcare facilities and services for workers with family responsibilities. The Government indicates in its report that, pursuant to the above Law, workers with family responsibilities cannot be beneficiaries of services and institutions for childcare and family assistance. The Law applies only to persons in social need, including the provision of facilities for specific categories of children, such as those with disabilities, without parental care, or those lacking access to education. The Government further recognizes that lack of services, such as nursery schools and kindergartens, prevents workers with family responsibilities, in particular, women, to fully participate in economic activities and in the society. With regard to preschool institutions in Bosnia and Herzegovina, the Government highlights that significant differences exist in the number of such institutions in urban and rural areas (14 per cent in urban areas and only 2.4 per cent in rural areas). The Committee takes due note of the detailed statistics provided by the Government. It notes, in particular, that while 17,293 children were enrolled in 223 preschool institutions in the school year 2011–12, 1,753 children were rejected due to lack of capacity. Noting that childcare facilities and social services are not meeting the demands, the Committee asks the Government to indicate the measures envisaged to assist workers with family responsibilities in order to enable them to join the work force or improve their career opportunities. It also asks the Government to indicate the progress made in extending coverage of care services and facilities for other dependent members of the family.

Article 6. Information and education. With reference to its previous comments, the Committee notes the absence in the Government’s report of information on measures taken to promote greater awareness and public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems encountered by workers with family responsibilities. The Committee once again asks the Government to provide information on the concrete measures taken or envisaged, and the specific results achieved, under the Gender Action Plan for the period 2013–17, to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women. It also asks the Government to provide information on the action taken by the competent authorities at the federal and entity level in this respect.

Article 7. Vocational guidance and training. The Committee recalls that it had asked the Government to indicate specific measures taken or envisaged to enable workers with family responsibilities to integrate and remain in the labour market as well as to reintegrate after an absence due to family responsibilities. In this respect, the Committee takes due note of the Government’s indication that various projects were implemented under the Financial Mechanisms for Implementation of the Gender Action Plan of Bosnia and Herzegovina (FIGAP programme), with the aim of promoting women entrepreneurship and providing training in line with labour market requirements. It also notes other projects in the Government’s report, one of which supported the integration of mothers of children with special needs in the society and another which contributed to the promotion of the role of fathers in raising their children. The Committee asks the Government to indicate how the above projects are taking into account the specific needs of men and women workers with family responsibilities, and to provide statistics, disaggregated by sex, on the number of men and women participating in these projects. It also asks the Government to provide information on any other measures taken or envisaged to enable men and women workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. In its previous comments, the Committee had asked the Government to provide information on the specific measures taken or envisaged to explicitly protect men and women workers against dismissal on the ground of family responsibilities. In its report, the Government states that the Labour Law (Law No. 26/16) enhances the protection from termination of employment with regard to employees with family responsibilities. Unlike the previous legislation, section 53 of the Labour Law of 1999, which prohibited termination of employment only during pregnancy, section 60(1) of the Law 26/16 extends such prohibition with regard to employees who are on “maternity” leave or work half time after “maternity” leave (sections 63–65). The Government also indicates that, pursuant to section 60(2) of Law No. 26/16, termination of a fixed-term labour contract shall not be considered a termination of a labour contract in terms of section 60(1). The Committee notes the Government’s indication that statistics on workers with family responsibilities, including with regard to section 60 (Law No. 26/16), are not available, as the employer has no obligation to provide such information to the competent authorities. Noting that section 60 of Law No. 26/16 applies only to permanent employees, the Committee asks the Government to indicate how the protection against dismissal is provided to an employee with family responsibilities who has concluded a fixed-term contract of employment, and to indicate, in particular, whether such employee is entitled to any rights and benefits if the fixed-term contract expires during pregnancy or maternity leave. It once again asks the Government to provide statistics, disaggregated by sex, on any cases dealt with by the competent authorities relating to dismissal of fixed-term employees because of their family responsibilities.

Article 11. The Committee notes that the Government reiterates that employers’ and workers’ organizations participate in the design and implementation of measures that apply the Convention through the work of the Economic and Social Council and the activities of the non-governmental organizations. The Committee once again asks the Government to provide information on the concrete measures taken or envisaged, at the federal and entity level, to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures, including through collective bargaining and the adoption and implementation of workplace policies on work and family reconciliation.

Enforcement In its previous request, the Committee had asked the Government to indicate progress made, including statistical information, in addressing inequalities between men and women workers and workers with family responsibilities, as well as to provide specific information on the supervisory authorities and enforcement mechanisms which give effect to the provisions of the Convention. In this respect, the Committee takes due note of the information provided by the Government in its report that according to the statistics there is a trend for women to delay giving birth due to various social and economic factors, including due to lack of state funds to support services for childcare. The Gender Equality Agency of Bosnia and Herzegovina has initiated, in this respect, a study “Balancing Personal and Professional Life”, with the aim of identifying the best practices for the elimination of the current stereotypes with regard to women employees with family responsibilities. According to the data provided by the Public Fund for Child Protection of Republika Srpska, for the period 2012–15, the right to be absent from work with full salary compensation for the purpose of childcare was used by an average of approximately 3,300 workers per year (in 2015, 3,402 women and 21 men exercised this right) and the right to work half time for care of a child with disabilities was used by an average of approximately 126 workers per year (in 2015, 135 women and 15 men exercised this right). The Committee notes the Government’s indication that the respective Ministries of Labour of Bosnia and Herzegovina and Republika Srpska have no information regarding any disputes relating to non-compliance with the Convention, and that the Gender Centre of Bosnia and Herzegovina has not received, in the reporting period, any complaints involving discrimination of workers due to their family responsibilities. The Committee asks the Government to continue to provide information, including on statistics, disaggregated by sex, as well as studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, as well as to indicate any judicial and administrative decisions relating to the application of the Convention.

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

Article 1. Definitions. The Committee notes the Government’s indication that, in addition to section 46(2) of the Labour Law of the Federation of Bosnia and Herzegovina, the Family Law provides rights and duties of parents to support their children or other family members who need their care and assistance. With regard to section 60(2) of the Labour Law of the Republika Srpska, the Committee notes the Government’s indication that the definition of “family member” covers “dependent child” and “other family members who clearly need their care and support”.

Article 3. National policy. The Committee recalls its previous comments noting section 8 of the Gender Equality Law of 2003 which protects workers with family responsibilities against discrimination. It notes the Government’s indication that the Council of Ministers of Bosnia and Herzegovina adopted in September 2006 a Gender Action Plan as a five-year strategy of gender mainstreaming. The Committee once again asks the Government to provide information on the legal and practical measures taken at the federal level and the level of the entities to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities, including the practical application of section 8 of the Gender Equality Law. It also asks the Government to provide information on the measures under the Gender Action Plan to give effect to the Convention, and the results achieved, as well as any activities promoted by the Gender Equality Agency according to the Gender Equality Law.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls sections 55 to 62 of the Labour Law of the Federation of Bosnia and Herzegovina, which provide leave entitlements for workers with family responsibilities. In particular, it recalls section 56 of the Labour Law of the Federation of Bosnia and Herzegovina, which gives a father or adoptive parent entitlement to the right to maternity leave in the case of the death of the mother, abandonment of the child by the mother, or if she is prevented from using the rights for justified reasons. It also recalls the provisions of the Labour Law of the Federation of Bosnia and Herzegovina and the Labour Law of the Republika Srpska providing for paid leave of absence from work in the case of serious disease or the death of a family or household member, or the confinement of the spouse. It notes the Government’s indication that it has no statistics on the number of male and female workers with family responsibilities who take paid leave to take care of a child or other members of the family, because such records are not maintained and employers are not obliged to register and submit such records to the competent authorities. The Committee again asks the Government to indicate what would be considered “justified reasons” for the father or adoptive parent to be entitled to paid leave to take care of a child. It also asks the Government to provide information on any measures taken or envisaged towards collecting statistical information disaggregated by sex on the number of male and female workers with family responsibilities who have taken remunerated leave to care for a child. Please also provide information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors in terms of conditions of work and social security.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the Law on Basic Social Protection, Protection of Civilian War Victims and Families with Children is to ensure that families, through benefits and other aid, are assisted in the raising, upbringing and care of children, and that 79 local agencies perform tasks related to social protection for families with children (57 social welfare centres and 22 agencies for social protection). Recalling the importance of ensuring that family services and facilities meet workers’ needs and preferences, the Committee asks the Government to clarify whether the social protection for families with children performed by local agencies is aiming at providing childcare facilities and services for workers with family responsibilities. It once again asks the Government to provide information on:

• (i) the number of workers with family responsibilities making use of the existing child and family care institutions;
• (ii) the number and age of children requiring care; and
• (iii) whether the childcare facilities and social services meet the present demand for such facilities.

Article 6. Education for the public. The Committee notes the Government’s indication that the Gender Centre at the entity level and the Agency for Gender Equality at the federal level are in charge of gender-based research publishing brochures and information for the public. The Committee asks the Government to provide specific information on the action taken by the authorities including the Gender Centre and the Agency for Gender Equality in order to promote broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also provide information on the programmes undertaken to address stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that the Labour Law of the Federation of Bosnia and Herzegovina ensures access of all employees (both men and women) to education, training and development for work based on their abilities and needs. Recalling the importance of improving the employment possibilities and job security of workers with family responsibilities through strengthening their occupational qualifications, the Committee asks the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. The Committee recalls its previous comments asking the Government to provide information on any cases having been brought to the courts or to the Gender Equality Agency on the basis of section 8 of the Gender Equality Law regarding the use of family responsibilities as a ground of termination of employment. It notes the Government’s indication that there is no record that employers explicitly use family responsibilities as a basis for termination of employment, and workers may bring a challenge to the decision of the employer before a court if they suspect that the employer’s true motivation relates to family responsibilities. The Committee asks the Government to continue to provide information on any cases being brought to the courts or to the Gender Equality Agency on the basis of section 8 of the Gender Equality Law regarding the use of family responsibilities as a ground of termination of employment. Please also provide information on any other measures taken which explicitly protect male and female workers against dismissal on the ground of family responsibilities.

Article 11. The Committee notes the Government’s indication that, through participation in the Economic and Social Council sessions and non-governmental organization activities, employers’ and workers’ organizations participate in the drafting of measures aimed at the implementation of the provisions of the Convention. The Committee asks the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and continue to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Parts III–V of the report form. The Committee notes the Government’s general indication that supervision of the application of the Convention rests with the labour inspectorate and other competent bodies. The Committee once again asks the Government to provide more specific information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate, which are involved in giving effect to the provisions of the Convention, as well as any administrative or judicial decisions or any complaints received by the Ministry of Human Rights and Refugees and the Gender Equality Agency relating to the application of the Convention. The Committee also asks the Government to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between these workers and workers without family responsibilities.

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

The Committee notes the information in the Government’s first report, including the legislation attached thereto. The Committee notes the Government’s indication that a number of laws are considered to promote the application of the Convention, but without copies of most of the legislation mentioned in the report and further specification of the relevant legal provisions and practical measures taken, it is difficult to assess the extent to which the Convention is being applied in law and in practice. The Committee, therefore, asks the Government to include in its next report full information, including the specific provisions in the laws and administrative regulations, collective agreements, court decisions and any other texts which give effect to the Convention, on the measures taken to promote the application of the principle of non-discrimination in employment and occupation of men and women workers with family responsibilities in accordance with Parts I to V of the report form approved by the Governing Body. The Committee in particular draws attention to the need for additional and detailed information on the following points:

1. Article 1. Definitions. Section 46(2) of the Labour Law of Bosnia and Herzegovina (BiH) and section 60(2), of the Labour Law of the Republika Srpska define “family member”. Please confirm whether these definitions cover “dependent child” and “other members of the immediate family who clearly need their care or support”, in relation to men and women workers with family responsibilities for the purpose of the Convention.

2. Article 3. National policy. The Committee notes that section 5 of the Labour Law of the Republika Srpska, section 5 of the Labour Law of the Federation of BiH and section 4 of the Labour Law of Brcko District of BiH provide for protection against discrimination based on sex. It also notes that the Gender Equality Law of BiH of 2003 prohibits direct and indirect gender discrimination and promotes equality of opportunities between men and women in education, employment and labour. Discrimination in employment includes different treatment on the grounds of pregnancy, childbirth or exercising the right to maternity leave; failure to enable an employee to return to the same job or another job of the same seniority after expiry of maternity leave; different treatment between men and women with respect to the decision to take up maternity leave; any unfavourable treatment of a parent or guardian in balancing their commitments in family and professional life; and organizing the work, tasks or conditions of work or dismissal in such a way that on the grounds of gender or marital status an employee is left in a less favourable position than other employees (section 8). While the abovementioned legislation may constitute part of a national policy, the Committee needs further information on the legal and practical measures taken at the federal level and the level of the entities to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities. Noting from the Government’s report that currently the employment and labour legislation of the entities and the Brcko District of BiH is being brought into conformity with the Gender Equality Law for BiH, the Committee asks the Government to indicate in the next report how the provisions are being implemented at the level of the entities, and to provide information on the practical application of the provisions of the Law at the federal level.

3. The Committee notes that the Gender Equality Law of 2003 establishes a Gender Equality Agency of Bosnia and Herzegovina which has the mandate of monitoring the implementation of the Law and drafting periodically a state action plan to promote gender equality. The Committee asks the Government to indicate in its next report whether any state action plan on gender equality has been developed by the Gender Equality Agency, and if so, to indicate how the plan is promoting a policy to enable workers with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities.

4. Article 4. Free choice of employment. The Committee notes the provisions in section 8 of the Gender Equality Law that protect workers with family responsibilities against discrimination. Please indicate whether under the legislation in force, any claims have been brought to the Gender Equality Agency or the courts with respect to the practical application of these provisions. Please also provide information on any proactive measures taken at the federal level and at the level of the entities to enable workers with family responsibilities to exercise their right to free choice of employment.

5. Conditions of work (special leave entitlements to take care of a child). The Committee notes the special paid leave entitlements relating to maternity leave and leave to take care of a child in the Labour Law of the Federation of BiH and the Labour Law of the Republika Srpska. It notes in particular that section 55 of the Labour Law of the Federation of BiH provides that women shall be entitled to one year of maternity leave during pregnancy, childbirth and childcare. Section 56 provides that the father of the child, or the adoptive parent, is entitled to use the right to maternity leave in the case of the death of the mother, in the case where the mother abandons the child or if for justified reasons she is prevented from using this right. The Committee notes that the Labour Law of the Republika Srpska provides similar provisions but extends the right also to the person to whom the child has been entrusted for care (section 75). The Committee further notes that sections 57 to 62 of the Labour Law of the Federation of BiH give the right to a female worker with a child of up to 1 year to work half time. In the case of twins, the third or each following child, she shall be entitled to work half time until the child is 2 years of age. The employed father may use this right if the mother is working full time during that period. If the child requires intensive care, one of the parents, or the adoptive parent or person taking care of the child in the case of the death of both parents, is entitled to work half time until the child is 3 years of age. Section 63 provides for a parent to work half the normal hours in the case of a seriously disabled child. The Committee notes that section 76 of the Labour Law of the Republika Srpska provides for the right of one of the employed parents, the adoptive parent or the person to whom the child is entrusted, to work half time until the child is 2 years of age and needs intensive care. Finally, section 61 of the Labour Law of the Federation of BiH specifies that one of the parents may be absent from work until the child is 3 years of age, if stipulated in a collective agreement or the rulebook. The Committee welcomes these provisions and asks the Government to (1) provide detailed information, including statistics disaggregated by sex on the number of male and female workers with family responsibilities who have taken remunerated leave to care for a child as provided for in the Labour Law of the Federation of BiH and the Republika Srpska; (2) indicate what would be considered “justified reasons” for the father or adoptive parent to be entitled to paid leave to take care of a child and who would determine whether a reason is justified or not; (3) provide information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors in terms of conditions of work and social security.

6. Special leave entitlements to take care of other members of the family. The Committee notes the provisions of the Labour Law of BiH and the Labour Law of the Republika Srpska providing for a paid leave of absence from work in the case of serious disease or death of a family or household member, or confinement of his or her spouse. The Committee asks the Government to provide an indication in its next report on the number of men and women who have taken this type of leave. Please also provide information on any other measures that take account of the needs of workers with family responsibilities in terms of conditions of work and social security.

7. Article 5. Community planning. The Committee notes the Government’s indication that child and family care institutions and services have been established in Bosnia and Herzegovina. It notes that there are ten social welfare cantonal centres and 71 municipal centres in Bosnia and Herzegovina and that 44 social welfare centres and 18 child protection services are functioning in the Republika Srpska. There is one social welfare centre in the Brcko District of BiH. The Committee asks the Government to provide information in its next report on (1) the number of workers with family responsibilities making use of the existing child and family care institutions; (2) the number and age of children requiring care; and (3) whether the childcare facilities and social services meet the present demand for such facilities.

8. Article 6. Awareness raising and education. Noting the mandate of the Gender Equality Agency of Bosnia and Herzegovina, the Committee requests the Government to indicate any activities of the Gender Equality Agency to promote broader public understanding of the principle of gender equality and work and family issues, as well as the need to address the problems that workers with family responsibilities face. The Committee also asks the Government to indicate whether any measures are being taken to encourage the sharing of family responsibilities between men and women, as recommended in Paragraph 11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

9. Article 7. Measures to enable workers with family responsibilities to enter, re-enter and remain integrated in the workforce. The Committee would be grateful if the Government would provide more concrete information on any practical and legal measures taken to assist persons with family responsibilities to gain access to education and vocational training, and enter or re-enter the labour market in accordance with Article 7.

10. Article 8. Protection against dismissal on the grounds of family responsibilities. The Committee notes the Government’s statement that the Labour Laws of the Federation of BiH and of the Republika Srpska provide that family responsibilities cannot be a prerequisite for the breach of an employment relationship. However, the Committee notes that section 53 of the Labour Law of the Federation of BiH only protects pregnant women against termination of their employment and that section 71 of the Labour Law of the Republika Srpska only prohibits the termination of the employment contract of a woman because of pregnancy or maternity leave. The said legislation does not protect male workers against dismissal because of family responsibilities nor does it protect women from dismissal for reasons attributable to family responsibilities other than pregnancy or maternity leave. While noting that section 8 of the Gender Equality Law of 2003 protects workers with family responsibilities against unfavourable or different treatment in certain areas, it is unclear whether this provision affords protection against termination of employment on the basis of family responsibilities. The Committee asks the Government to provide information on whether any cases have been brought to courts or to the Gender Equality Agency on the basis of section 8 of the Gender Equality Law regarding the use of family responsibilities as a ground of termination of employment. Please also provide information on any other measures taken which explicitly protect male and female workers against dismissal on the ground of family responsibilities.

11. Article 11. Cooperation with the workers’ and employers’ organizations. The Committee asks the Government to indicate the measures taken or envisaged to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.

12. Parts III to V of the report form. The Committee asks the Government to provide more specific information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate, which are involved in giving effect to the provisions of the Convention. The Committee also invites the Government to provide information on any administrative or judicial decisions or any complaints received by the Ministry of Human Rights and Refugees and the Gender Equality Agency concerning the application of the principle of the Convention.

13. Part V of the report form. The Committee asks the Government to continue to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between these workers and workers without family responsibilities.

14. Legislation. The Government is requested to provide copies of the Family Law of the Federation of Bosnia and Herzegovina No. 35/5, the Law on Child Protection of the Republika Srpska No. 4/02, the Law on Basics of Social Care, Protection of Civil Victims of War and Protection of Families with Children of the Federation of Bosnia and Herzegovina No. 36/99 and 54/04, the Law on Social Welfare of Brcko District of Bosnia and Herzegovina No. 1/03, 4/00 and 4/04, and the Law on Child Protection of Brcko District of Bosnia and Herzegovina No. 1/03, 4/04 and 1/05, with a specific indication of the relevant provisions applying the Convention.