Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Private Employment Agencies Convention, 1997 (No. 181) - Bosnia and Herzegovina (Ratification: 2010)

Article 1(1)(b) of the Convention. Definitions and application of the Convention in practice. The Government indicates in its report that, while 34 private employment agencies are registered in the Federation of Bosnia and Herzegovina, private employment agencies do not offer services under Article 1(1)(b) of the Convention. The Committee requests the Government to continue to provide information on the application of the Convention in all entities of the country. Please also supply extracts from inspection reports and, if such statistics exist, information on the number of workers covered by the measures giving effect to the Convention and on the number and nature of infringements reported.

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Government states that since 2011 a Social Safety Nets and Employment Support Project (SSNESP), financed by the World Bank, is being implemented in the country. In the Republika Srpska, the Employment Bureau and private mediation agencies are implementing the SSNESP. The Committee requests the Government to provide information on the impact of the SSNESP, such as the number of jobs created through private employment agencies. Please also provide information on other special services or targeted programmes designed to assist the most disadvantaged jobseekers in the Republika Srpska and in the Federation of Bosnia and Herzegovina.

Article 8(1). Migrant workers. The Government indicates that migrant workers employed within the Federation of Bosnia and Herzegovina and the Republika Srpska are protected by law whether they are employed through private employment agencies or not. With respect to the Republika Srpska, it adds that labour inspections have not found violations in the employment of migrant workers. The Committee requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited in Bosnia and Herzegovina by private employment agencies. It also requests the Government to continue to provide information on the results of labour inspections in a migratory context for the Federation of Bosnia and Herzegovina (Article 14(2)).

Article 8(2). Bilateral agreements. The Government indicates that a bilateral agreement on temporary employment with the Republic of Serbia has been concluded. An agreement has also been concluded with the Republic of Slovenia. Moreover, an agreement with the State of Qatar, which aims at employment in the Gulf country, has not yet entered into force. The Committee notes from the report that the Government is currently in negotiations for bilateral agreements with Montenegro and the Russian Federation. The Committee requests the Government to provide information on the progress of negotiations aimed at concluding bilateral agreements and on the implementation of existing bilateral agreements concluded by Bosnia and Herzegovina to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes from the report that the Employment Bureau and cantonal employment services in the Federation of Bosnia and Herzegovina recognize the role played by private employment agencies in improving the functioning of the labour market, and they cooperate through the joint organization of job fairs. Private employment agencies also receive information about jobseekers from the Employment Bureau. Further development is a focus of the Youth Employment Programme for which a memorandum of understanding and cooperation has been signed between the Employment Bureau and private agencies. As part of the SSNESP pilot project, activities were launched to establish cooperation between the public employment service and private employment agencies. In the Republika Srpska, cooperation under section 15 of the Law on Mediation in Employment mainly comprises of private mediation agencies obtaining information on vacancies and jobseekers from the Employment Institute. The Committee requests the Government to provide further information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies and please specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. With respect to the Republika Srpska, the Government indicates that the Law on Mediation in Employment provides for penalties (between 1,000 and 5,000 Bosnia and Herzogovinan convertible marka (BAM)) for natural and legal persons engaged in mediation if they charge fees to jobseekers. Penalties of the same amount are foreseen for non-authorized mediation activities. In the Federation of Bosnia and Herzegovina, information was provided with regard to the supervision of private mediation agencies. The Committee requests the Government to continue to provide information on adequate remedies available in all the entities, including the Brčko District. Please also provide information on the manner in which penalties are provided for and effectively applied against agencies committing violations concerning the applicable legislation.