Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

The Committee notes the observations received from the International Trade Union Confederation (ITUC) under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on 1 September 2016, alleging large-scale anti-union discrimination practices, as well as employer interference in trade union activities. The Committee requests the Government to provide its comments thereon. The Committee also notes the observations from the Association of Employers of Bosnia and Herzegovina received under the Collective Bargaining Convention, 1981 (No. 154), and the Government’s comments thereon.

The Committee notes from the Government’s report the adoption of the Labour Act of the Federation of Bosnia and Herzegovina, 2016 (FBiH Labour Act), the Act on Inspections in the Federation of Bosnia and Herzegovina, 2014 (FBiH Act on Inspections) and the Labour Act of the Republika Srpska, 2016 (RS Labour Act).

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to guarantee the effective protection in practice against acts of anti-union discrimination. The Committee notes the Government’s indication that the FBiH Labour Act, the RS Labour Act and the Labour Act of the Brčko District (BD Labour Act) provide for a comprehensive prohibition against anti-union discrimination and observes the detailed information provided by the Government on the relevant provisions applicable in this regard. In particular, the Committee notes with interest that the applicable legislation explicitly provides for reinstatement coupled with compensation either as a remedy to anti-union dismissal (section 124 of the FBiH Labour Act) or as a remedy to unlawful dismissal in general (section 106 of the FBiH Labour Act, section 189 of the RS Labour Act and section 81 of the BD Labour Act). The Committee further notes the information provided by the Government on the practical implementation of the prohibition of anti-union discrimination during the reporting period: (i) in the Federation of Bosnia and Herzegovina, out of nine requests for approval to dismiss union representatives received by the Ministry, three were approved; (ii) in the Republika Srpska, nine extraordinary labour inspections were conducted in the area of trade unions’ working conditions from 2013 to 2015; out of two requests for approval to dismiss a union representative, one was approved; and no arbitration procedure has been initiated on disputes concerning dismissal of trade union representatives; and (iii) in the Brčko District, the labour inspectors have not yet dealt with any cases alleging violations of anti-union practices. Taking due note of the information provided, the Committee requests the Government to continue to provide information on the effective implementation of the prohibition of anti-union discrimination in practice, including on the number of complaints filed before the relevant authorities, their follow-up and remedies and sanctions imposed, as well as on the activities of the labour inspection in this regard. The Committee requests the Government to provide, in particular, information on the use of reinstatement as the primary remedy for anti-union dismissals, as well as on the type and amount of pecuniary compensation applied where reinstatement is not ordered.

The Committee is raising other matters in a request addressed directly to the Government.