Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Bosnie-Herzégovine (Ratification: 1993)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously requested the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour. The Committee notes the Government’s statement that there was no need for separate policies or measures to address child labour as this is being implemented through labour legislation. The Committee recalls that, under Article 1 of the Convention, each member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour and to raise progressively the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Committee therefore requests the Government to pursue a national policy to effectively reduce and eliminate child labour and to provide information on measures taken in this regard.

Article 2, paragraph 1, of the Convention. 1. Scope of application. 1. Federation of Bosnia and Herzogovina. The Committee had previously noted that, section 15 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, which prohibits a person under 15 years from concluding a labour contract, appears to exclude work performed outside the framework of a contract of employment. The Committee had therefore asked the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes the Government’s information that pursuant to the legislation of Bosnia and Herzegovina, there is no possibility for self-employment of persons below 18 years as they cannot be registered for any business activity. The Government also adds that the problem of illegal work and the grey economy involving children and youth is addressed by way of labour inspection and other measures such as “black market labour control” conducted in 2007.

2. Republika Srpska. The Committee had previously noted that according to section 14 of the Labour Law of Republika Srpska 2000, a person who is under 15 years of age may not stipulate an employment contract. It had noted that the work performed outside the framework of an employment contract is excluded from the scope of application of the Labour Law. The Committee further noted the comments by the Confederation of Trade Unions of the Republika Srpska that there exists a huge problem of illegal work and that about 40 per cent of the workers work in the informal sector. It accordingly had requested the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a contract of employment, such as self-employment and work in the informal sector. The Committee notes the absence of information in the Government reports. The Committee once again requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment and work in the informal sector.

3. District of Brcko. The Committee had previously noted that section 10 of the 2000 Labour Law (Brcko) which prohibits a person below the age of 15 years from concluding an employment contract, applies only to a contractual employment relationship and had requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship. The Committee notes that the Government’s reports do not contain any information on this point. The Committee once again requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as self-employed children, enjoy the protection provided for in the Convention.

2. Minimum age for admission to employment or work. Republika Srpska. Noting that, according to section 14 of the Labour Law of the Republika Srpska, a child below 15 years of age may be employed where he/she has the general health ability to work, the Committee had requested the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned. The Committee notes that the Government’s reports have no information on this point. The Committee once again reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation, except for light work as provided under Article 7 of the Convention. The Committee therefore once again requests the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of the children concerned.

Article 2, paragraph 3. Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that, according to the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, a child shall be deemed to be any person who has completed the age of 18 years. It also notes the information provided by the Government on the laws governing education in the Federation of Bosnia and Herzegovina. The Committee asks the Government to provide information on the legislation applicable to education in the Republika Srpska and the district of Brcko and to supply copies of the relevant texts. It once again requests the Government to indicate the age of completion of compulsory schooling in the Federation of Bosnia and Herzegovina, the Republic Srpska and the District of Brcko.

Article 3, paragraph 2. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. In its previous comments, the Committee had noted that according to section 51(2) of the Labour Law, the federal Ministry shall issue a separate regulation to determine the hazardous types of work prohibited to minors. It had requested the Government to indicate whether any such regulation has been issued pursuant to the above provisions. The Committee notes that the Government reports do not contain any information on this point. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore once again requests the Government to indicate whether the federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

2. Republika Srpska. The Committee had previously noted that pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement under law. Noting that the Government has not replied to the Committee’s previous comments, the Committee once again requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and to supply a copy thereof. It also asks the Government to provide information on the procedure for determining hazardous types of work by collective agreement.

3. District of Brcko. The Committee had previously noted that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15–18 years are determined by collective agreement. Noting that the Government has not replied to the comments made by the Committee previously, the Committee once again requests the Government to provide more detailed information on the procedure to be followed in the determination process as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that sections 29 and 30 of the Labour Law of the Republika Srpska provide for the conclusion of an employment contract with an apprentice, defined as a person employed for the first time after having completed secondary or high school. It had requested the Government to provide information on the minimum age for admission to apprenticeships. The Committee notes the Government’s information that in Bosnia and Herzegovina persons over 15 years of age are permitted to carry out practical work for the purpose of education in compliance with the educational programmes. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for work by children of over 15 years for educational purposes, as well as on the general system of apprenticeships. It also requests the Government to supply a copy of the relevant legislation.

Article 7. Light work. The Committee had previously noted that there is no exception to the general minimum age of 15 years, even for light work. It had requested the Government to indicate whether in practice children under the age of 15 years are employed for light work activities. It notes the Government’s information that persons aged 15 years and who have not completed their compulsory education are allowed to work provided that such work does not have a harmful effect on their physical and psychological health, development and education. The Committee nonetheless observes that, according to the statistics on child labour provided by the UCW (Understanding Children’s Work, Multiple Indicator Cluster survey, 2000), in Bosnia and Herzegovina, 17.5 per cent of children aged between 5 to 14 years are engaged in an economic activity. The Committee recalls that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 9, paragraph 1. Penalties. 1. Federation of Bosnia and Herzegovina. Noting that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina which provides for penalties for various violations of the law does not indicate any penalties for the non-observance of the minimum age provisions, the Committee had requested the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age, contrary to section 15 of the Labour Law. The Committee notes the Government’s information that according to the provisions of the Labour Law, an employment contract concluded with persons under the age of 15 years shall be invalid which means that an employment agreement has not been concluded with the employee at all, and which shall be punishable according to the provisions of section 139a of the Labour Law of the Federation of BiH. The Committee requests the Government to provide information on the penalties prescribed for the violation of the minimum age provisions as per section 139a of the Labour Law of the Federation of Bosnia and Herzegovina and to provide a copy of the text.

2. District of Brcko. Noting the absence of penalties for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15 years), the Committee had requested the Government to indicate the applicable penalty for concluding an employment contract with persons under the age of 15 years. The Committee notes the Government’s information that the Labour Law of the district of Brcko provides for financial penalties for employers who conclude an employment contract with persons under the age of 15 years. The Committee requests the Government to indicate which provisions of the Labour Law provide for penalties for concluding an employment contract with a person under the age of 15 years contrary to section 10 of the Labour Law and to supply a copy of the same.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s information that the Rulebook on Working Record Books (Official Gazette of the Federation of BiH, Nos. 42/00 and 53/00) and Instruction on the Working Record Books (Official Bulletin of the Republic of Srpska, No. 22/96) regulates the entry of data into the working record book, including the date, month and year of birth of the employee. It also notes that the procedure of working record books is underway for the district of Brcko. The Committee requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the district of Brcko as soon as they have been adopted.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that no statistics on the employment of children and young persons, nor excerpts from reports of inspection services on the figures and nature of violence reported are available. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data is in the early stages of compilation.