Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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 pursue a national policy to effectively reduce and eliminate child labour and to provide information on the measures taken in that regard. The Committee notes the Government’s statement that it has developed and implemented strategies and action plans in areas connected to child labour and child abuse. It notes that, according to the information available on the official site of the Ministry for Human Rights and Refugees, a national action plan for children in Bosnia and Herzegovina 2002–10 was adopted and implemented in the country, which, among others, aims at providing education to all children and to stop exploitation of children. The Committee requests the Government to provide information on the impact of the above national action plan on eliminating child labour. It also requests the Government to provide information on any other measures adopted by the Government for the effective abolition of child labour.

Article 2(1). 1. Scope of application. 1. Republika Srpska. The Committee had previously noted that, according to section 14 of the Labour Law of the Republika of 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. It had 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. The Committee had therefore requested 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. The Committee notes the Government’s information that, pursuant to the legislation of the Republika Srpska, there is no possibility for self-employment of persons below 18 years as they cannot be registered for any business activity. It further notes the Government’s information that the labour inspection has been strict in implementing the prohibition on employment of persons younger than 15 years, and that no cases of child labour was found by the labour inspectors during the period from June 2008 to June 2010.

2. Brcko District. 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. It had requested 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 afforded by the Convention. The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore 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.

2. Minimum age for admission to employment or work. Republika Srpska. The Committee had previously noted 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. It had therefore 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 the Government’s information that in accordance with section 14 of the Labour Law of the Republika Srpska, the general conditions for concluding an employment contract include a minimum age of 15 years and general health ability to work. Therefore, a child having good health conditions but who is under the age of 15 years shall not conclude an employment contract.

Article 2(3). Compulsory schooling. Following its previous comments, the Committee notes the Government’s information that according to section 16 of the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina, primary education is free and compulsory for all children and lasts for eight or nine years. According to section 16, compulsory education starts at the age of six years and continues for a period of eight years with an exception of nine years in the Republika Srpska, Brcko District and the Federation of Bosnia and Herzegovina. In principle, elementary-school enrolment may take place at any age between 5 and 7 years of age and hence there is no precise age of completion of compulsory education. It notes that, pursuant to section 16 of the Framework Law, this period of eight or nine years’ compulsory education may be completed between the ages of 13 and 15, the latter being the minimum age specified by the Government. The Committee notes, however, the statistical information provided by the Government according to which an estimated 95 per cent to 97 per cent of children continue secondary education after completing primary education.

Article 3(2). Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee had previously 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. The Committee notes the Government’s information that no regulation, pursuant to section 51, paragraph 2, has been passed. 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 requests the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned. It requests the Government to provide information on any progress made in this regard.

2. Republika Srpska. The Committee notes the Government’s information that determining the hazardous types of work prohibited to young persons under 18 years of age shall be regulated by the provisions of sectoral or specific collective agreements. The Committee 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.

3. Brcko District. 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. Following its previous comments, the Committee notes the Government’s information that work by children over 15 years for educational purposes is intended to provide practical training and vocational training in specific subjects provided for in the curricula. Such training is carried out in educational institutions for several school hours (45 minutes) or one day a week depending on the grade and is conducted under the supervision of the institution at which the child is educated. With regard to apprenticeship, the Government states that an apprentice is considered to be a person who has completed secondary education and does not include persons who are still in the educational process. The Committee notes the Government’s information that, in principle, an apprentice shall not be younger than 18 years.

Article 7. Light work. In its previous comments, the Committee had noted that the national legislation does not authorize light work. The Committee reminded the Government that pursuant to Article 7 of the Convention, national laws or regulations may permit light work for children between the ages of 13 and 15.

The Committee notes the Government’s information that the national labour legislations prohibit the employment of children younger than 15 years on any jobs including light work. According to section 207(2) of the Criminal Code of the Republika Srpska any parent, foster parent, custodian or any other persons who abuses minors or forces them to perform work or to beg or entices them to perform any other actions that are harmful to their development, shall be sentenced to three years of imprisonment. The Committee, nonetheless, observes that, according to the statistics on child labour provided by the “Understanding Children’s Work”, Multiple Indicator Cluster Survey, 2000 (UCW), in Bosnia and Herzegovina, 17.5 per cent of children aged between 5 and 14 years were engaged in an economic activity and the Multiple Indicator Cluster Survey, 2006 UCW, indicates that 8.9 per cent of children aged between 5 and 14 years are engaged in an economic activity. The Committee therefore once again draws the Government’s attention to Article 7(1), of the Convention which permits persons from the age of 13 years 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(3), of the Convention, the competent authority shall determine what is light work and shall 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(1). Penalties. 1. Federation of Bosnia and Herzegovina. The Committee had previously noted 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. It had also noted the Government’s indication that an employment contract concluded with persons under the age of 15 years shall be invalid and shall be punishable according to the provisions of section 139a of the Labour Law of the Federation of Bosnia and Herzegovina. The Committee notes that according to section 139a of the Labour Law of the Federation of Bosnia and Herzegovina, “a fine from (Konvertibilna Marka) KM1,000 to KM10,000 shall be imposed on an employer who is a legal entity for an offence if: he fails to conclude the employment contract with an employee (Article 2), or; he discriminates against a person seeking employment and a person whom he has employed (Article 5)”. The Committee observes that section 139a provides for penalties for an employer who fails to conclude an employment contract with an employee and does not indicate any penalties for the non-observance of the minimum age provisions under section 15 of the Labour Law of the Federation of Bosnia and Herzegovina. The Committee therefore once again requests 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 of the Federation of Bosnia and Herzegovina .

2. Brcko District. The Committee had previously noted the Government’s information that the Labour Law of the Brcko District provides for financial penalties for employers who conclude an employment contract with persons under the age of 15 years. It had requested the Government to indicate the provisions which provide for such penalties. The Committee notes the Government’s reference to section 111 of the Labour Law of the Brcko District which prescribes penalties for various violations of the law. The Committee notes, however, that this provision does not indicate any 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 therefore once again requests the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age, contrary to section 10 of the Labour Law of the Brcko District.

Article 9(3). Registers of employment. The Committee had previously noted the Government’s information that the Rulebook on Working Record Books (Official Gazette of the Federation of Bosnia and Herzegovina, Nos 42/00 and 53/00) and Instruction on the Working Record Books (Official Bulletin of the Republika 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 had also noted that the procedure of working record books was under way for the Brcko District. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the Brcko District 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 in the Republika Srpska the labour inspection has been strict in implementing the minimum age provision and that no children under the age of 15 were found working during the reporting period. It also notes the information provided by the Government on the statistical data maintained by the Republic Statistics Institute of the Republika Srpska on the number of young persons employed. According to this data, in 2008, there were a total of 214 young persons between the ages of 15 and 18 who were employed in the Republika Srpska which is 0.11 per cent of the total number of employees, and in 2009, there were 95 persons, which is 0.05 per cent of the total number of employed persons. The Committee notes that the Government has supplied an aggregate report of the labour inspections and other inspections of the Federation of Bosnia and Herzegovina along with its report. However, it notes that this report does not contain any information with regard to the employment of children and young persons. The Committee requests the Government to continue providing statistical information on the employment of children and young persons in the Republika Srpska, as well as in the Federation of Bosnia and Herzegovina and the Brcko District. The Committee also requests the Government to provide extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.