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

Minimum Wage Fixing Convention, 1970 (No. 131) - Bosnia and Herzegovina (Ratification: 1993)

Article 2 of the Convention. Binding force of minimum wage. Federation of Bosnia and Herzegovina (BiH). In its previous comments, the Committee requested the Government to provide information on the application of section 8 of the General Collective Agreement (GCA) for the territory of the Federation of BiH which provides that sectoral collective agreements may allow the temporary application of hourly rates below the minimum wage in enterprises affected by exceptional economic difficulties. The Committee notes the Government’s indication in its report that various sectoral collective agreements contain such provisions within the following conditions: the measure is only applicable in exceptional circumstances and in case of economic difficulties; it requires the previous agreement of the trade union or of the workers concerned; it may only be applied during a limited period; the GCA fixes the rate below which no further reduction may be allowed. While recalling that pursuant to Article 2(1), minimum wages shall have the force of law and shall not be subject to abatement, the Committee recognizes that, in certain exceptional cases, measures adopted on a strictly temporary basis in consultation with the employers’ and workers’ organizations concerned, and under close supervision by the public authorities, could contribute to avoiding redundancies for economic reasons, or even the closure of the enterprise. The Committee recalls that in so far as possible, alternative measures should be sought, such as the reduction of social contributions or the provision of similar facilities by the public authorities, to help enterprises overcome such difficulties. It therefore requests the Government to indicate whether such alternative measures have been envisaged or adopted.

Articles 3 and 4. Minimum wage-fixing machinery. Republika Srpska. In its previous comments, the Committee requested the Government to provide information on the manner in which the relevant economic and social factors were taken into account for the periodic adjustment of the minimum wage, as well as on the involvement of the Economic and Social Council (ESC) in the minimum wage-fixing process in the Republika Srpska. It notes the Government’s reference to section 127 of the Labour Law for the Republika Srpska, which lists the socio-economic criteria taken into consideration for the determination of the minimum wage and which provides that the minimum wage is fixed in the last quarter of the current year for the following year, by the Government of the Republika Srpska, upon a proposal from the ESC.

Article 4. Minimum wage-fixing machinery. Brčko District. In its previous comments, the Committee requested the Government to provide information on the operation of the minimum wage-fixing machinery in the Brčko District. The Committee takes note of the indication of the Government that pursuant to section 58 of the Labour Law for the Brčko District, the procedure for the fixation of the minimum wage shall be determined by collective agreement. The Government also indicates that such a collective agreement has not been adopted and that as a result, no minimum wage has been set for the Brčko District. Therefore, the Committee requests the Government to adopt measures to ensure that minimum wages are fixed for the groups of wage earners whose terms of employment are such that coverage would be appropriate in the context of the Brčko District.