Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Bosnie-Herzégovine (Ratification: 1993)

The Committee takes note of the Government’s first report. It also takes note of the comments made by the International Confederation of Trade Unions (ITUC).

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments, the Committee noted observations from the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the Confederation of Trade Unions of the Republika Srpska (SSRS) of various forms of pressure and intimidation in recently established private companies to prevent workers from establishing trade unions and requested the Government to provide information on the practical application of this provision, in particular, the number of complaints of anti-union discrimination filed, forms of anti-union discrimination complained of, action taken by the authorities, decisions of the courts, length of procedures, etc. The Committee notes the Government’s statement that it does not have this information and that it is for the organizations concerned to submit such data. The Government adds that it cannot influence or ensure organizing in the private sector. The Committee wishes to recall however that it is the Government’s responsibility to ensure that all workers are protected against acts of anti-union discrimination in respect of their trade union activities or membership. It requests the Government to provide any statistics available through the labour inspectorates in the entities and the Brcko district relating to anti-union discrimination in the workplace and any steps taken to ensure adequate protection for workers in this regard.

Article 2. Protection against acts of interference from employers’ and workers’ organizations into each other’s establishment, functioning or administration. The Committee notes the information provided in reply to its previous direct request in respect of sanctions available against employers for interference with workers’ organizations in the Republika Srpska. It further notes the Government’s indication that the sanctions available in the Federation of Bosnia and Herzegovina are inadequate and that they are considering appropriate amendments. The Committee requests the Government to continue to keep it informed of the steps taken to ensure adequate protection with sufficiently dissuasive sanctions for interference by employers in the activities of workers’ organizations.

Article 4. Measures to encourage and promote the development of voluntary negotiation between employers’ and workers’ organizations. Federation of Bosnia and Herzegovina. The Committee notes the information provided by the Government in reply to its previous request that section 118 of the Labour Law of the Federation of Bosnia and Herzegovina provides that collective agreements and their amendments be submitted to the Federal Ministry in charge of labour or the competent authority of the canton for archiving only and not for approval.

Republika Srpska. The Committee observes that section 131 of the Labour Law of the Republika Srpska provides that if a collective agreement is negotiated at the level of the whole Republika, the Government will be a party to it along with the trade union and the employers’ association. Sections 131 and 132 also enable the parties to collective bargaining to invite the Government to become a party to a collective agreement if the latter is negotiated at the branch or industry levels.

The Committee stresses that Article 4 of the Convention refers to the promotion of bilateral negotiations between employers or their organizations and workers’ organizations without any intervention whatsoever by the public authorities which would be contrary to the free and voluntary nature of collective bargaining. The Committee requested the Government to amend sections 131 and 132 of the Labour Law so as to eliminate the possibility for the Government to be involved as a party in the negotiation of collective agreements at the branch or industry levels, in addition to the employer or employers’ organization and workers’ organization concerned. Noting that the Labour Law has recently been amended, the Committee trusts that the necessary amendments have been made to sections 131 and 132 and will review this question as soon as the translation of the text is available.