Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on employment policy, employment services, and on vocational guidance and training, the Committee considers it appropriate to examine Conventions Nos. 88 (employment service), 122 (employment policy), 140 (paid educational leave), 142 (human resources development) and 181 (private employment agencies) together. 

Employment policy

Articles 1, 2 and 3, of Convention No. 122.Implementation of an active employment policy. Consultation with the social partners. The Committee notes the information provided by the Government regarding the employment measures adopted and implemented during the reporting period, including the number of individuals that participated in active labour market initiatives. It notes the Government’s indication that the social partners are actively involved in the development and monitoring of employment measures through the Advisory Committee of the Federal Employment Office. In the Federation of Bosnia and Herzegovina (FBiH), the Committee notes from the report that a proposed Law on Mediation in Employment and Social Security of Unemployed Persons was under parliamentary review. The proposed legislation aims to enhance the efficiency of public employment services by improving employment mediation, including separating active jobseekers from passive registrants. In the Republika Srpska (RS), employment measures and policies are aligned with the RS 2021–27 Employment Strategy and its annual Action Plans. The Committee notes that, in its concluding observations of 11 November 2021, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concerns about the persistently high incidence of unemployment, in particular among young people and people with tertiary education and high-level skills, and the lack of decent work opportunities for those groups, which has driven a large number of young people and workers with high qualifications to leave the country (document E/C.12/BIH/CO/3). According to the Labour Force Survey by the Agency for Statistics of Bosnia and Herzegovina’s, there are 1,213,000 people that are employed in the first quarter of 2025 and 188,000 who are unemployed. Compared to the previous quarter, the number of employed individuals decreased by 3.5 per cent, while the number of unemployed persons increased by 12.8 per cent. In the first quarter of 2025, the overall unemployment rate was 13.4 per cent (10.6 per cent for men and 17.8 per cent for women), with youth unemployment remaining particularly high at 35.3 per cent. 

The Committee notes the 12.8 per cent increase in unemployment in the first quarter of 2025, the decrease in employment, the persistently high youth unemployment rate (35.3 per cent), and the significant gender disparity in unemployment. It also notes the concerns of the CESCR regarding the lack of decent work opportunities and the resulting “brain drain” of skilled workers. The Committee requests the Government to take urgent and targeted measures to review and strengthen its active labour market policies (ALMPs) in both entities, in full consultation with the social partners, including those under the 2021–27 Employment Strategy in the Republika Srpska. It requests the Government to report on the specific steps taken to address the rising unemployment and its structural nature, particularly for youth, women, and skilled workers, and to provide a detailed analysis of the impact of these new measures on promoting full, productive and freely chosen employment. 

Noting the stark disparity in unemployment rates between women (17.8 per cent) and men (10.6 per cent), the Committee requests the Government to provide detailed information on the specific measures taken or envisaged within its employment policy to identify and overcome the structural barriers to women’s participation in the labour market, and to promote equal opportunities and treatment in employment. 

While noting the Government’s indication of the social partners’ involvement, the Committee recalls that these Conventions require full and effective consultation. The Committee requests the Government to provide specific information on the effectiveness of the consultations held with the social partners, including through the Advisory Committee of the Federal Employment Office. It also requests the Government to ensure that social partners are consulted at all stages (design, implementation, monitoring, and review) of employment and training policies in both entities, and to provide concrete examples of how the partners’ advice has been taken into account in the final design of these policies and programmes. 

Finally, with regard to the Law on Mediation in Employment and Social Security of Unemployed Persons in the FBiH, the Committee requests the Government to provide a copy of the legislation as soon as it is adopted. It further requests detailed information on the practical application of the new provisions, particularly the criteria and process for distinguishing “active” from “passive” jobseekers. The Committee requests the Government to explain how it will ensure that all “active” jobseekers receive free, high-quality, and individualized employment services (such as guidance, training, and placement) in line with Convention No. 88, and how this reform is coordinated with the vocational training and human resources development systems (Convention No. 142). 

Undeclared work. The Committee notes that the Government reports ongoing efforts to tackle challenges in the informal economy, particularly in the RS through cooperation between the Ministry of Economy and Entrepreneurship and the Tax Administration. These measures include providing incentives aimed at increasing workers’ wages, thereby reducing informal employment. The Committee notes that, in its concluding observations of 11 November 2021, the CESCR expressed concerns about the limited protection of labour and social rights provided for workers in the informal economy, where women are predominant. The CESCR was also concerned about the insufficient progress made by the State party in the transition from the informal economy to the formal economy (document E/C.12/BIH/CO/3). 

The Committee notes the CESCR’s finding of insufficient progress in the transition to formality and the limited protection of labour and social rights for informal workers, among whom women are predominant. Recalling the principles of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), the Committee urges the Government to intensify its efforts and to develop a comprehensive and coordinated strategy, in consultation with the social partners, to facilitate the transition to the formal economy in both entities. It requests the Government to provide detailed information on the content and impact of all measures taken, including the incentive schemes in the RS, and to specify what equivalent measures are in place or envisaged in the FBiH. Furthermore, the Committee requests the Government to indicate the specific steps taken to extend labour and social rights protection to workers while they are in the informal economy, and to report on the measures adopted to address the specific vulnerabilities and barriers faced by women in informal employment. 

Employment services  

Articles 1 and 3 of Convention No. 88. Contribution of the employment service to employment promotion. The Government indicates that public employment services aim to achieve acceptable employment rates through active labour market policies and programmes. As of June 2024, 56,056 individuals were registered as unemployed in the RS, representing a decrease of 0.7 per cent from May 2024 and a 7.1 per cent reduction compared to June 2023. Most unemployed persons unregistered are attributed to employment or self-employment. According to the April 2025 registered unemployment statistics by the Agency for Statistics of Bosnia and Herzegovina, the number of registered unemployed persons amounted to 320,036, out of which there were 190,005 women. In response to its previous comments, the Committee notes from the report, ongoing activities under the Social Safety Nets and Employment Support Project (SSNESP). It notes, however, that information on the nature and impact of such activities has not been provided. The Committee notes that, despite some reported reductions in registered unemployment in the RS, the total number of registered unemployed persons remains critically high. Given the lack of information on policy impact, the Committee urges the Government to provide a detailed assessment of the outcomes of the SSNESP and other active labour market measures, specifically as they relate to the integration of women and long-term unemployed persons into the labour market. The Committee also urges the Government to provide updated and disaggregated statistical information for the two entities and theBrčko district, on the number of: (i) public employment offices; (ii) applications for employment received; (iii) vacancies notified; and (iv) persons placed in employment by such offices; as this data is essential to assess the basic functioning of the employment service. 

Articles 4 and 5 of Convention No. 88. Cooperation with the social partners. The Committee notes from the report the involvement of the social partners in the development of the RS 2021–27 Employment Strategy, with proposals incorporated during the Economic and Social Council meetings. With respect to the FBiH, the Government indicates that efforts are under way to strengthen the role of the Economic and Social Council and enhance participation of the social partners. Recalling that Articles 4 and 5 require effective cooperation in the organization and operation of the employment service, the Committee requests the Government to provide specific information on the practical arrangements for such cooperation, beyond the development of strategies. It requests the Government to provide concrete examples of the activities of the Economic and Social Council in both entities in overseeing the employment service and influencing its policies. The Committee further urges the Government to take steps to ensure effective cooperation with the social partners in the Brčko District and to report on the measures taken. Finally, concerning Article 10, the Committee requests the Government to describe the specific measures taken, in cooperation with employers’ and workers’ organizations, to actively encourage the full use of employment service facilities by employers and workers on a voluntary basis. 

Articles 6, 7 and 9 of Convention No. 88. Activities performed by the employment service. Employment service staff. The Government indicates that active labour market measures aim to improve labour market conditions, increase demand for labour and foster cooperation among labour market partners. The Committee notes the information concerning the various programmes implemented in the FBiH and the RS but notes, however, that information on the programmes’ impact was not provided. The Government reports that, in December 2023, there were 353 employees in the RS public employment offices, including 326 with permanent employment contracts. According to the European Commission’s 2024 Staff Working Document on Bosnia and Herzegovina, public employment services continue improving their services for jobseekers but their capacities remain weak. Public employment services are responsible for the administration of social benefits, which further limits their ability to fulfil their core task of assisting active jobseekers. The Committee notes the European Commission’s 2024 finding that public employment service capacities remain weak and that their core functions are limited by the administration of social benefits. Considering that this situation raises serious questions regarding the application of Article 6 of the Convention, the Committee urges the Government to take specific steps to strengthen public employment service capacity in all entities and ensure its staff can fulfil their core functions of matching jobseekers with opportunities and collecting labour market information. It requests the Government to report on the specific measures taken to separate, where possible, the administration of benefits from active jobseeker assistance, and to report on the impact of all programmes implemented. With respect to Article 9, the Committee requests the Government to provide updated information on the status, training and conditions of service of public employment service staff, particularly on the measures taken to address the capacity weaknesses identified by the European Commission. 

Articles 1(1)(b) and 14(3) of Convention No. 181. Application of the Convention in practice, including adequate remedies. The Committee refers to its previous comments in which it noted the Government’s indication that 34 private employment agencies were registered in the FBiH, and that these agencies did not offer services under Article 1(1)(b) of the Convention. It notes from the Government’s report that the Decree amending the Decree on Private Employment Mediation Agencies entered into force in 2018, and nine private employment agencies for mediation are registered in the FBiH. Licenses for operation of private agencies are issued and revoked by the Federal Ministry of Labour and Social Policy and are valid for a fixed term of four years. In the RS, the register lists 18 private employment agencies. The Government recalls that agencies providing employment mediation services and charging a fee are subject to fines ranging from 1,000 to 5,000 Bosnia and Herzegovinian convertible marka (BAM). The Committee requests the Government to provide detailed information on the application of the Convention in practice in all entities, including: (i) an explanation for the significant decline in the number of registered private employment agencies in the FBiH; (ii) the number of workers placed by registered private employment agencies; (iii) the number and nature of infringements reported concerning the activities of registered private employment agencies; and (iv) a description of the adequate remedies and penalties effectively applied against agencies committing violations, as required by Article 14 of the Convention. 

Article 13 of Convention No. 181. Cooperation between the public employment service and private employment agencies. The Committee notes that, in the RS, the Law on Mediation in Employment and Rights during Unemployment stipulates that the Public Employment Office and private agencies cooperate in the interests of unemployed persons and employers to carry out employment mediation. The cooperation is regulated by agreements overseen by a joint committee comprised of Government representatives and representatives of the social partners. The Committee notes, however, that the joint committee has not been established. While information on licensing requirements is provided in the report concerning the FBiH, the Committee notes that no information was included on the cooperation between the public employment service and private employment agencies. The Committee notes that the joint committee provided for by law in the RS has not been established and that no information was provided on cooperation in the FBiH. This indicates a failure to apply Article 13 of the Convention. The Committee urges the Government to take the necessary steps to establish the joint committee in the RS and to actively promote and periodically review cooperation between the public and private employment services in both entities to ensure efficiency. It requests the Government to report on the practical results of such cooperation, including any agreements concluded and examples of information shared between the services and made publicly available. 

Vocational guidance and training  

Articles 2–5 of Convention No. 140. Formulation and application of a policy designed to promote the granting of paid educational leave. In its previous comments, the Committee noted that while legislation addresses paid educational leave, conditions are primarily regulated through collective agreements and rulebooks on work to regulate its conditions, method, duration and the corresponding compensation. It also noted that the legislation does not specifically address paid educational leave for the purposes of general, social, civic and trade union education, as required under Article 2 of the Convention. The Government indicates that, in the RS, there are no policies aimed at encouraging paid educational leave for general, social and civic education. It adds that there are no available statistics on the number of employees granted paid educational leave. The Committee notes the Government’s indication that no policies exist in the RS to promote paid educational leave for general, social and civic education, and that no statistics are available, which is not in accordance with Article 2 of the Convention. The Committee urges the Government to take active steps, in consultation with the social partners, to develop and implement policies to promote the granting of paid educational leave for the purposes of general, social and civic education (Article 2(b)) and trade union education (Article 2(c)) in all entities. The Committee emphasizes the importance of compiling statistics and urges the Government to take measures to provide statistics, disaggregated by sex and age, on the number of workers granted paid educational leave, as this is essential for monitoring the application of the Convention, and to continue to provide relevant extracts of collective agreements.

Articles 1 and 2 of Convention No. 122, and Article 1 of Convention No. 142. Vocational education and training. The Government highlights that, under the 2020–30 Employment Strategy in the FBiH, there are initiatives that include improving the education system, training unemployed persons and aligning education with labour market demands. Specific measures, such as the operation of Centres for Providing Information, Advice and Training, and Job Clubs, aim to enhance the active participation of unemployed individuals in the labour market, especially youth and long-term unemployed individuals, by developing skills for active job-searching. The Committee notes the Government’s indication that adult education is very important, primarily due to the mismatch between education and the labour market. The Government of the RS has adopted the Strategy for Adult Education 2021–31, aiming to align supply and demand in the labour market, enhance individuals’ knowledge, skills and abilities, improve employability and competitiveness, promote personal development, as well as raise the quality of adult education. Cooperation among the social partners is needed to achieve these objectives. The Government indicates that amendments to the Law on Adult Education have been introduced. It adds that accredited adult education institutions, registered with the relevant cantonal authorities, regularly implement formal education programmes for specific professions, as well as informal education programmes for training in certain occupations. The Committee notes the Government’s indication regarding the “very significant mismatch” between education and the labour market, which is clearly linked to the high youth unemployment rate and “brain drain” noted earlier. While acknowledging the new strategies in both entities, the Committee urges the Government to intensify its efforts to ensure these strategies effectively reduce this mismatch. It requests the Government to provide a specific assessment of the impact of the Centres for Providing Information, Advice and Training, Job Clubs, and the RS Strategy for Adult Education on improving the employability of jobseekers, particularly young persons, and on addressing the skills gaps driving the “brain drain”.

Article 4 of Convention No. 142. Vocational training and lifelong learning. The Government indicates that, at the cantonal level, the implementation of the Law on Principles of Adult Education is carried out by relevant ministries of education, who are responsible for enforcing, monitoring and supervision of laws within their jurisdictions. The Committee notes from the report that the labour administration is not aware of the activities and measures developed and implemented in accordance with this Law. Within the framework of the 2021–27 Development Strategy for the FBiH, activities are planned to support projects for training, vocational development, and upskilling, particularly focusing on women’s labour market integration. The Committee notes with concern the Government’s indication that the labour administration is unaware of activities being implemented by the education ministries under the Law on Principles of Adult Education. This demonstrates a serious lack of coordination between the key authorities responsible for vocational guidance and training, undermining the Convention’s requirement. The Committee urges the Government to take immediate measures to establish effective coordination mechanisms among the labour administration, education ministries and the social partners. It requests the Government to provide information on such measures, as well as on the impact of lifelong learning measures, including the planned activities for women in the FBiH. 

Article 5 of Convention No. 142. Participation of the social partners in the formulation and implementation of policies and programmes of vocational guidance and vocational training. The Committee previously noted that tripartite councils had not yet been established at all levels of the Government and that their functioning was limited to only five cantons of the FBiH. In its response to the Committee’s comments, the Government indicates that the Federal Employment Service is not aware of the activities of tripartite advisory councils in the FBiH. The Committee notes with concern the Government’s statement that the Federal Employment Service is unaware of any activities by the tripartite advisory councils. This, combined with its previous comments, strongly suggests that the mechanisms for social dialogue on vocational training, required by Article 5 of the Convention, are not functional. The Committee urges the Government to take immediate and specific steps in all entities to establish or revitalize tripartite bodies for vocational training. It requests the Government to report on the specific measures taken to ensure the effective and ongoing participation of social partners in the formulation, implementation and monitoring of all national and entity-level vocational guidance and training policies and programmes.

Groups vulnerable to decent work deficits  

Article 8 of Convention No. 88. Young people. The Committee notes the information regarding initiatives aimed at supporting vulnerable groups. According to the RS’s Action Plan for 2023–25, measures include employment programmes and preparatory activities for the Youth Guarantee project scheduled for 2026. The Committee also notes from the report that the RS Government endorsed the Declaration on Ensuring Sustainable Integration of Youth and committed to promoting youth employment, gradually establishing and implementing the Youth Guarantee. The Committee notes with concern the critically high youth unemployment rate (35.3 per cent) previously mentioned. While noting the preparatory activities for the Youth Guarantee project in the RS, the Committee urges the Government to intensify its efforts and provide detailed information on the practical implementation, funding and coordination of this Guarantee in both entities, as well as on its measurable impact on reducing youth unemployment. It requests the Government to provide disaggregated statistical data on the results of all measures for young persons. Furthermore, referring to Article 5(2) of Convention No. 181, the Committee requests the Government to indicate what steps are being taken to promote the provision of special services by private employment agencies for young and other disadvantaged jobseekers. 

Article 3(1) of Convention No. 142. Persons with disabilities. In its report on the application of Convention No. 88, the Government indicates that funds are allocated to facilitate vocational rehabilitation and employment of persons with disabilities, including support for businesses employing persons with disabilities and sheltered workshops, managed by the Fund for Professional Rehabilitation and Employment of Persons with Disabilities. The Committee notes that, in its concluding observations of 2021, CESCR expressed concerns about the persistently high level of unemployment among persons with disabilities. CESCR was also concerned about the poor implementation and effectiveness of the quotas for the employment of persons with disabilities (E/C.12/BIH/CO/3; 11 November 2021). The Committee notes with concern CESCR’s findings regarding the persistently high unemployment of persons with disabilities and the poor implementation and effectiveness of the quota system. The Committee urges the Government to take immediate steps to review and strengthen the quota system in all entities to ensure it produces tangible employment outcomes. Furthermore, the Committee notes the reference to supporting “sheltered workshops”. Recalling the principles of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which encourages the transition from sheltered employment to the open labour market, the Committee requests the Government to provide information on the specific measures taken to promote the inclusion of persons with disabilities in mainstream vocational training and to facilitate their transition into the open labour market. The Committee also requests the Government to provide detailed, disaggregated statistics on the impact of all measures, including the quota system. 

Article 8 of Convention No. 181. Migrant workers. The Government indicates that measures to protect and prevent the abuse of migrant workers are under the jurisdiction of the national government. Any bilateral agreements that may be concluded are also under the jurisdiction of the national government. The Committee requests the Government to provide specific information on the effectiveness of measures to protect migrant workers recruited by private employment agencies, including: (i) the results of labour inspections (number, nature of violations and penalties effectively applied) as required by Article 14(2); and (ii) the status and content of any bilateral agreements concluded or under negotiation to prevent abuses and fraudulent practices, and details on their practical implementation.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation

The Committee notes with regret that the Government’s report does not respond to the 2017 observations made by the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the International Trade Union Confederation (ITUC). The Committee once again requests the Government to provide its comments in this respect.

Articles 1, 2 and 3, of the Convention. Implementation of an active employment policy. Consultation with the social partners. The Committee notes the comprehensive information provided by the Government on legislative developments and on active labour market programmes. Concerning the Republika Srpska (RS), it notes the Adoption of the 2021-2027 Employment Strategy, aimed inter alia at increasing employment of the productive workforce through the harmonization of supply and demand, facilitating internal mobility, improving the functioning of the labour market and social dialogue as well as the Adoption of 2022 Employment Action plan. It also notes that in the Federation of Bosnia and Herzegovina (FBiH), the Law on Mediation in Employment and Social Security of Unemployed Persons, for which on 12 July 2022 a tripartite advisory committee was formed, is still the cornerstone for the development of such policies as part of which four programs were implemented in 2021, taking into account special gender and social sensitivities and focusing on young people, women, long-term unemployed persons and other categories of unemployed persons with difficulties finding employment and included trainings, advise on self-employment, especially through start-ups and the creation of new temporary jobs mostly in the public sector or through public works. These groups were also the target of the measures employed by the Employment Office of the Brčko District of BiH in 2020 and 2021. The Committee also notes the Government’s indication that the positive trends in the labour market resumed post-COVID as illustrated by the increase in the number of employed persons and decrease of the number of unemployed persons. While according to ILOSTAT, the overall unemployment rate in 2022 stood at 12.7 per cent (10.7 per cent for men and 15.4 per cent for women), Government data shows that in August 2023, the number of registered unemployed persons was 350 316, out of which 205 634 were women, which constitutes a decrease by 2,8 percentage points (4.2 percentage points for men and 1.8 percentage points for women) as compared to August 2022. The ILO registered a labour force participation rate of 47.3 per cent (59.4 per cent for men and 35.9 per cent for women) in 2022. For August 2023, the Government reported that the number of persons in paid employment was 843,876 out of which 378,462 were women. The Committee requests the Government to continue to provide detailed updated information concerning the size and distribution of the labour force, employment and unemployment disaggregated by age, sex and entity, as well as on the impact of the policies and measures implemented to promote full, productive and freely chosen employment, including the activities carried out under the 2021-2027 Employment Strategy and the 2022 Employment Action plan in the RS as well as the programs implemented in the FBiH. Lastly, the Committee requests the Government to provide detailed information on the nature and extent of the involvement of the social partners in the development, implementation, monitoring and review of employment policy measures and programmes in the entities.

Undeclared work. The Government highlights that combating the grey economy – pre-dominantly through taxation and social security incentives – remained a focus area in the RS during the reporting period, contributing to the decrease of the informal economy. The Committee wishes to stress that employment policies play a significant role in promoting transitions from the informal to the formal economy by addressing the factors that drive individuals and enterprises to operate informally. As such, national best practices suggest that when properly designed and implemented, such policies can play a catalytic role in accelerating the transition from the informal to the formal economy, leading to more inclusive, productive, and resilient labour markets by creating an enabling environment that encourages formalization, while also providing targeted support to facilitate the transition process. The Committee would be interested to receive further information on specific measures taken to tackle the multiple challenges proper to work in the informal economy, indicating in particular whether the measures taken or envisaged have included some of the following examples of good practices in this regard: (i) reducing administrative burden and red-tape; (ii) strengthening and extending social protection as a means to incentivizing the enrolment of enterprises and, with them, also of their workers; (iii) promoting access to finance and business development services, including access to credit and training, as these are often lacking for informal enterprises; (iv) enhancing labour market placement and intermediation and skills development services; (v) raising awareness and promoting formalization; (vi) tailoring policies to specific sectors and occupations as the informal economy is not monolithic, and informalization patterns vary across sectors and occupations; (vii) promoting dialogue and collaboration among all relevant stakeholders for effective policy formulation and implementation; (viii) monitoring and evaluating policy impacts as this is crucial to assess policy effectiveness in promoting transitions from informality to formality.

Persons vulnerable to decent work deficits. The Committee notes the detailed replies to its previous request concerning the improvement of the labour-force participation of persons with disabilities and of women and the implementation of measures under the Fund for vocational rehabilitation and employment of persons with disabilities 2021–23 and the Gender Action Plan of Bosnia and Herzegovina 2018-2022 and the trainings on entrepreneurship for women, for demobilized soldiers, in which 58 per cent men and 42 per cent women participated. It also notes that as part of the 2022 Employment Action plan, programs in the RS aimed at supporting the employment and self-employment of persons vulnerable to decent work deficits, which included a programme budgeted at Bosnian Convertible Marka (BAM) 138,000 to increase the employment of Roma, and in which 23 persons participated. Through the “Let’s find employment together” benefitting the children of the fallen, demobilized soldiers and disabled war veterans of the Army of the RS for which a total of BAM15,640,000 was allocated, resulting in the employment of 1,651 persons belonging to these categories. With a similar aim, funds in the amount of BAM7,650,000 were allocated for unemployed persons over the age of 40, and women victims of domestic violence, or who were victims of war crimes, or are from rural areas as well wards of orphanages who completed their education – 1,775 persons participated in these programs. The Committee recalls the observations of the workers’ organizations as part of its last request and notes that with a total unemployment rate of 31.7 per cent (28 per cent men, 38.1 per cent women) based on ILOSTAT, youth unemployment in 2022 is significantly higher than the overall unemployment rate, which the government sought to address through various measures, including a programme to support the employment of young people with university education, in which 979 persons of the RS took part. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age and sex in all the entities, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, informal workers, the long-term unemployed, persons with disabilities and members of the Roma community and on specific measures taken to promote employment of these groups at all levels and across all sectors, including in decision-making positions.

Vocational education and training. The Government highlights the amendment of the Law on Adult Education and trainings in the area of tourism and hospitality industry for adults. It further refers to the activities of the Centre for Providing Information, Advise and Training (CISO centres) and Job Clubs to increase the labour-force participation of unemployed persons, especially young persons and persons who are long-term unemployed inter alia through the development of active job-seeking skills. In 2021, 940 persons participated in these activities in CISCO centres and 1,843 persons in the Job Club resulting in the employment of 123 persons, of which are 68 women. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to improve vocational education and training for all age groups and on their impact on the employability and competitiveness of the national labour force and their capacity to find and retain lasting employment.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the International Trade Union Confederation (ITUC) received on 1 September 2017. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In their observations, the workers’ organizations allege that the Government has failed to declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment. They stress that the employment situation in both Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) is dire, with extremely high rates of unemployment, citing a 28 per cent general unemployment rate and youth unemployment rates exceeding 60 per cent. The Committee notes the Government’s indication that, pursuant to the Law on Employment Intermediation and Social Security of Unemployed Persons of the FBiH, the relevant authorities of the FBiH or Cantons are responsible for establishing measures to increase employment rates and improve the situation of employed persons. The FBiH adds that the work plan of the FBiH Employment Institute provides for the various forms of support for the promotion of employment, self-employment, preparation for entering the labour market; and professional development and training. These measures seek to integrate unemployed persons into the labour market, particularly in relation to persons belonging to hard-to-employ categories of unemployed persons. The Committee notes that section 23 of the Law gives priority to persons with disabilities in employment. With respect to the Brčko District of BiH, the Committee notes that the Law on Employment and Rights during Unemployment and the Labour Law of the Brčko District provide for professional training, preparation for employment and special protections for women, minors and persons who are not fit for work. In relation to the RS, the Committee notes that the RS Employment Strategy 2011–15 established a system for the registration of unemployed persons with the RS Employment Bureau (RSEB). The Committee notes the Government’s indication that the RSEB implemented three projects providing support for employment in the RS from 2013 to 2015, through which a total of 4,522 persons were employed. In October 2016, the RS National Assembly adopted the RS Employment Strategy 2016–20, which seeks to increase employment and stimulate economic activity in RS through the implementation of thirteen operational goals and fifty specific measures. The Committee notes the Government’s indication that, according to the records of the RSEB, implementation of these measures led to the employment of 34,593 persons in 2015. The Government adds that the measures set out in the RS Employment Action Plan for 2017 seek, inter alia, to structurally reform the role of the RSEB and focus its activity on employment intermediation. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex, age and administrative entity, on the impact of the policies and measures implemented to promote full, productive and freely chosen employment, including the employment promotion activities carried out under the Employment Strategy of Republika Srpska 2016–20.

Employment trends. The FBiH reports that there were a number of positive changes in the labour market in 2016. The RS indicates that a gradual stabilization of the labour market began in 2013, adding that numerous measures taken by the RS and other stakeholders addressed the increasing unemployment rate. The Committee notes that, according to data from the FBiH Statistics Institute, 457,974 workers were employed in the FBiH in 2016. It further notes that data from the Labour Force Survey indicates that the employment rate in the FBiH stood at 30.5 per cent in 2016, while the average unemployment rate was 25.6 per cent, a reduction of 3.31 per cent in comparison with the 2015 average. The Committee notes the high unemployment rate among young persons 15–24 years of age, which decreased from 64.9 per cent in 2015 to 55.1 per cent in 2016. The Committee further notes that, according to the ILOSTAT database, the general unemployment rate for young persons was 45.8 per cent in 2017. At the end of 2016, the largest percentage of those registered as unemployed in the FBiH (44.24 per cent) were in the 30–49 age group, followed by persons under the age of 30 (32.5 per cent) and persons over the age of 50 (25.26 per cent). In 2016, 133,037 persons were removed from the records of the Cantonal employment services, 115,379 persons were registered as unemployed and 92,263 persons were placed in employment. This represents an increase of 15,671 in comparison with 2015. According to the ILOSTAT database, in 2017, the general unemployment rate was 20.5 per cent, whereas the unemployment rate for men and for women was 18.9 per cent and 23.1 per cent, respectively. The Committee requests the Government to continue to provide statistical data disaggregated by sex and age concerning the size and distribution of the labour force, including the size of the informal economy and employment trends in relation to employment, unemployment, and visible underemployment.

Undeclared work. In their observations, the workers’ organizations indicate that the informal economy is widespread, maintaining that the Government has not made serious efforts to tackle this issue effectively. They emphasize that nearly one-third of all persons who are employed are working in the informal economy, trapped there primarily due to poor access to the labour market, slow job creation in the formal economy and the lack of skills matching labour market demands. They add that workers in rural areas face a higher probability of remaining in informal employment in comparison with workers in other sectors. The Committee notes that, according to the RS Employment Strategy 2016–20, informality is predominately present in agriculture, making up about two-thirds of informal employment, with informal employment concentrated among the rural population. The Committee therefore once again requests the Government to provide detailed updated information on the measures taken or envisaged to facilitate the transition of undeclared workers in the informal economy to employment in the formal economy, with special attention to the agricultural sector and rural communities.

Workers vulnerable to decent work deficits. The FBiH indicates that a number of gender-sensitive programmes implemented by the FBiH Employment Institute focus on specific groups of workers vulnerable to decent work deficits: women; young persons; persons with disabilities; persons belonging to the Roma community; persons over the age of 40; and the long-term unemployed. The RS reports that 2,859 persons were employed through Social Safety Nets and the Employment Support Project. In addition, 543 persons were employed in 2015 through a project to support the employment of persons over the age of 45 and 135 persons were employed through an employment support project targeting the Roma minority from 2011 to 2015. It adds that the RS Employment Action Plan for 2017 sets out a number of measures aimed at increasing the employability of persons under the age of 30, persons over the age of 50 and persons belonging to the Roma community. In their observations, the workers’ organizations allege that the 2015–18 Reform Agenda fails to address the interests of women, workers in the informal economy and workers with disabilities. In addition, the workers’ organizations observe that women have low participation levels in political and public affairs, noting that the gender pay gap in BiH is larger than the EU average. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by age and sex in the three administrative entities, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, informal workers, the long-term unemployed, persons with disabilities and members of the Roma community. Noting, moreover, the gender pay gap and the higher rates of unemployment for women, the Committee requests the Government to provide information on specific measures taken to promote employment for women at all levels and across all sectors, including in decision-making positions.

Employment of young persons. The Committee notes that, according to the ILOSTAT database, the youth unemployment rate in the country stood at 45.8 per cent in 2017. The Committee notes that both FBiH and the RS took measures to promote the employment of young persons. In this regard, the RSEB implemented five projects from 2011 to 2014 to support young persons in gaining work experience, through which 3,650 persons were employed as trainees. Furthermore, the RS Employment Action Plan for 2017 contemplates the promotion of socially useful employment for youth, for which 50,000 Bosnian convertible marka (BAM) are allocated. In their observations, the workers’ organizations express concerns in relation to the high rate of youth unemployment and the likelihood that they will remain in long-term unemployment and the mass exodus of young educated persons from the country seeking work elsewhere. The Committee requests the Government to provide updated detailed information, including disaggregated statistical data on the impact of the measures taken by the three administrative entities of the country to promote full, productive, freely chosen and lasting employment for young workers.

Vocational education and training. The Committee notes that the FBiH Employment Institute and the Cantonal employment services are responsible for implementing the Job Preparation Programme: from Training to Employment, which provides co-financing for the training of unemployed persons to enable them to acquire professional skills tailored to the needs of employers. In respect of the RS, the Committee notes the establishment of 11 job clubs and 6 Information, Counselling and Training Centres which provided job search assistance to more than 34,376 beneficiaries from 2011 to 2015, leading to the employment of 9,172 persons. Furthermore, the RS Employment Action Plan for 2017 contemplates the development, financing and delivery of training aimed at enhancing the employability of active jobseekers, for which BAM500,000 are allocated. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to improve vocational education and training and on their impact on the employability and competitiveness of the national labour force.

Article 3. Consultation with the social partners. The Committee notes the Government’s indication that the tripartite FBiH Economic and Social Council discusses all measures related to economic and social policy prior to their formal adoption and that the RS Employment Action Plan for 2017 was adopted after consultation with the social partners. In their observations, the workers’ organizations allege that the social partners were not able to participate in the development and implementation of the 2015–18 Reform Agenda and that this lack of participation and transparency continued in relation to laws and policies adopted by regional governments in 2016. They further allege that the 2015 Labour Law undermines the strategic position of trade unions and collective agreements. The Committee requests the Government to provide detailed information on the nature and extent of the involvement of the social partners in the development, implementation, monitoring and review of employment policy measures and programmes in the different administrative entities.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the International Trade Union Confederation (ITUC) received on 1 September 2017. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In their observations, the workers’ organizations allege that the Government has failed to declare and pursue, as a major goal, an active policy designed to promote full, productive and freely chosen employment. They stress that the employment situation in both Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS) is dire, with extremely high rates of unemployment, citing a 28 per cent general unemployment rate and youth unemployment rates exceeding 60 per cent. The Committee notes the Government’s indication that, pursuant to the Law on Employment Intermediation and Social Security of Unemployed Persons of the FBiH, the relevant authorities of the FBiH or Cantons are responsible for establishing measures to increase employment rates and improve the situation of employed persons. The FBiH adds that the work plan of the FBiH Employment Institute provides for the various forms of support for the promotion of employment, self-employment, preparation for entering the labour market; and professional development and training. These measures seek to integrate unemployed persons into the labour market, particularly in relation to persons belonging to hard-to-employ categories of unemployed persons. The Committee notes that section 23 of the Law gives priority to persons with disabilities in employment. With respect to the Brčko District of BiH, the Committee notes that the Law on Employment and Rights during Unemployment and the Labour Law of the Brčko District provide for professional training, preparation for employment and special protections for women, minors and persons who are not fit for work. In relation to the RS, the Committee notes that the RS Employment Strategy 2011–15 established a system for the registration of unemployed persons with the RS Employment Bureau (RSEB). The Committee notes the Government’s indication that the RSEB implemented three projects providing support for employment in the RS from 2013 to 2015, through which a total of 4,522 persons were employed. In October 2016, the RS National Assembly adopted the RS Employment Strategy 2016–20, which seeks to increase employment and stimulate economic activity in RS through the implementation of thirteen operational goals and fifty specific measures. The Committee notes the Government’s indication that, according to the records of the RSEB, implementation of these measures led to the employment of 34,593 persons in 2015. The Government adds that the measures set out in the RS Employment Action Plan for 2017 seek, inter alia, to structurally reform the role of the RSEB and focus its activity on employment intermediation. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by sex, age and administrative entity, on the impact of the policies and measures implemented to promote full, productive and freely chosen employment, including the employment promotion activities carried out under the Employment Strategy of Republika Srpska 2016–20.

Employment trends. The FBiH reports that there were a number of positive changes in the labour market in 2016. The RS indicates that a gradual stabilization of the labour market began in 2013, adding that numerous measures taken by the RS and other stakeholders addressed the increasing unemployment rate. The Committee notes that, according to data from the FBiH Statistics Institute, 457,974 workers were employed in the FBiH in 2016. It further notes that data from the Labour Force Survey indicates that the employment rate in the FBiH stood at 30.5 per cent in 2016, while the average unemployment rate was 25.6 per cent, a reduction of 3.31 per cent in comparison with the 2015 average. The Committee notes the high unemployment rate among young persons 15–24 years of age, which decreased from 64.9 per cent in 2015 to 55.1 per cent in 2016. The Committee further notes that, according to the ILOSTAT database, the general unemployment rate for young persons was 45.8 per cent in 2017. At the end of 2016, the largest percentage of those registered as unemployed in the FBiH (44.24 per cent) were in the 30–49 age group, followed by persons under the age of 30 (32.5 per cent) and persons over the age of 50 (25.26 per cent). In 2016, 133,037 persons were removed from the records of the Cantonal employment services, 115,379 persons were registered as unemployed and 92,263 persons were placed in employment. This represents an increase of 15,671 in comparison with 2015. According to the ILOSTAT database, in 2017, the general unemployment rate was 20.5 per cent, whereas the unemployment rate for men and for women was 18.9 per cent and 23.1 per cent, respectively. The Committee requests the Government to continue to provide statistical data disaggregated by sex and age concerning the size and distribution of the labour force, including the size of the informal economy and employment trends in relation to employment, unemployment, and visible underemployment.

Undeclared work. In their observations, the workers’ organizations indicate that the informal economy is widespread, maintaining that the Government has not made serious efforts to tackle this issue effectively. They emphasize that nearly one-third of all persons who are employed are working in the informal economy, trapped there primarily due to poor access to the labour market, slow job creation in the formal economy and the lack of skills matching labour market demands. They add that workers in rural areas face a higher probability of remaining in informal employment in comparison with workers in other sectors. The Committee notes that, according to the RS Employment Strategy 2016–20, informality is predominately present in agriculture, making up about two-thirds of informal employment, with informal employment concentrated among the rural population. The Committee therefore once again requests the Government to provide detailed updated information on the measures taken or envisaged to facilitate the transition of undeclared workers in the informal economy to employment in the formal economy, with special attention to the agricultural sector and rural communities.

Workers vulnerable to decent work deficits. The FBiH indicates that a number of gender-sensitive programmes implemented by the FBiH Employment Institute focus on specific groups of workers vulnerable to decent work deficits: women; young persons; persons with disabilities; persons belonging to the Roma community; persons over the age of 40; and the long-term unemployed. The RS reports that 2,859 persons were employed through Social Safety Nets and the Employment Support Project. In addition, 543 persons were employed in 2015 through a project to support the employment of persons over the age of 45 and 135 persons were employed through an employment support project targeting the Roma minority from 2011 to 2015. It adds that the RS Employment Action Plan for 2017 sets out a number of measures aimed at increasing the employability of persons under the age of 30, persons over the age of 50 and persons belonging to the Roma community. In their observations, the workers’ organizations allege that the 2015–18 Reform Agenda fails to address the interests of women, workers in the informal economy and workers with disabilities. In addition, the workers’ organizations observe that women have low participation levels in political and public affairs, noting that the gender pay gap in BiH is larger than the EU average. The Committee requests the Government to provide detailed updated information, including statistical data disaggregated by age and sex in the three administrative entities, on the nature and impact of measures taken to promote full, productive, freely chosen and sustainable employment for persons vulnerable to decent work deficits, including women, young persons, persons over the age of 50, informal workers, the long-term unemployed, persons with disabilities and members of the Roma community. Noting, moreover, the gender pay gap and the higher rates of unemployment for women, the Committee requests the Government to provide information on specific measures taken to promote employment for women at all levels and across all sectors, including in decision-making positions.

Employment of young persons. The Committee notes that, according to the ILOSTAT database, the youth unemployment rate in the country stood at 45.8 per cent in 2017. The Committee notes that both FBiH and the RS took measures to promote the employment of young persons. In this regard, the RSEB implemented five projects from 2011 to 2014 to support young persons in gaining work experience, through which 3,650 persons were employed as trainees. Furthermore, the RS Employment Action Plan for 2017 contemplates the promotion of socially useful employment for youth, for which 50,000 Bosnian convertible marka (BAM) are allocated. In their observations, the workers’ organizations express concerns in relation to the high rate of youth unemployment and the likelihood that they will remain in long-term unemployment and the mass exodus of young educated persons from the country seeking work elsewhere. The Committee requests the Government to provide updated detailed information, including disaggregated statistical data on the impact of the measures taken by the three administrative entities of the country to promote full, productive, freely chosen and lasting employment for young workers.

Vocational education and training. The Committee notes that the FBiH Employment Institute and the Cantonal employment services are responsible for implementing the Job Preparation Programme: from Training to Employment, which provides co-financing for the training of unemployed persons to enable them to acquire professional skills tailored to the needs of employers. In respect of the RS, the Committee notes the establishment of 11 job clubs and 6 Information, Counselling and Training Centres which provided job search assistance to more than 34,376 beneficiaries from 2011 to 2015, leading to the employment of 9,172 persons. Furthermore, the RS Employment Action Plan for 2017 contemplates the development, financing and delivery of training aimed at enhancing the employability of active jobseekers, for which BAM500,000 are allocated. The Committee requests the Government to continue to provide information on the nature and impact of measures taken to improve vocational education and training and on their impact on the employability and competitiveness of the national labour force.

Article 3. Consultation with the social partners. The Committee notes the Government’s indication that the tripartite FBiH Economic and Social Council discusses all measures related to economic and social policy prior to their formal adoption and that the RS Employment Action Plan for 2017 was adopted after consultation with the social partners. In their observations, the workers’ organizations allege that the social partners were not able to participate in the development and implementation of the 2015–18 Reform Agenda and that this lack of participation and transparency continued in relation to laws and policies adopted by regional governments in 2016. They further allege that the 2015 Labour Law undermines the strategic position of trade unions and collective agreements. The Committee requests the Government to provide detailed information on the nature and extent of the involvement of the social partners in the development, implementation, monitoring and review of employment policy measures and programmes in the different administrative entities.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(1)(b) of the Convention. Definitions and application of the Convention in practice. The Government indicates in its report that, while 34 private employment agencies are registered in the Federation of Bosnia and Herzegovina, private employment agencies do not offer services under Article 1(1)(b) of the Convention. The Committee requests the Government to continue to provide information on the application of the Convention in all entities of the country. Please also supply extracts from inspection reports and, if such statistics exist, information on the number of workers covered by the measures giving effect to the Convention and on the number and nature of infringements reported.

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Government states that since 2011 a Social Safety Nets and Employment Support Project (SSNESP), financed by the World Bank, is being implemented in the country. In the Republika Srpska, the Employment Bureau and private mediation agencies are implementing the SSNESP. The Committee requests the Government to provide information on the impact of the SSNESP, such as the number of jobs created through private employment agencies. Please also provide information on other special services or targeted programmes designed to assist the most disadvantaged jobseekers in the Republika Srpska and in the Federation of Bosnia and Herzegovina.

Article 8(1). Migrant workers. The Government indicates that migrant workers employed within the Federation of Bosnia and Herzegovina and the Republika Srpska are protected by law whether they are employed through private employment agencies or not. With respect to the Republika Srpska, it adds that labour inspections have not found violations in the employment of migrant workers. The Committee requests the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited in Bosnia and Herzegovina by private employment agencies. It also requests the Government to continue to provide information on the results of labour inspections in a migratory context for the Federation of Bosnia and Herzegovina (Article 14(2)).

Article 8(2). Bilateral agreements. The Government indicates that a bilateral agreement on temporary employment with the Republic of Serbia has been concluded. An agreement has also been concluded with the Republic of Slovenia. Moreover, an agreement with the State of Qatar, which aims at employment in the Gulf country, has not yet entered into force. The Committee notes from the report that the Government is currently in negotiations for bilateral agreements with Montenegro and the Russian Federation. The Committee requests the Government to provide information on the progress of negotiations aimed at concluding bilateral agreements and on the implementation of existing bilateral agreements concluded by Bosnia and Herzegovina to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes from the report that the Employment Bureau and cantonal employment services in the Federation of Bosnia and Herzegovina recognize the role played by private employment agencies in improving the functioning of the labour market, and they cooperate through the joint organization of job fairs. Private employment agencies also receive information about jobseekers from the Employment Bureau. Further development is a focus of the Youth Employment Programme for which a memorandum of understanding and cooperation has been signed between the Employment Bureau and private agencies. As part of the SSNESP pilot project, activities were launched to establish cooperation between the public employment service and private employment agencies. In the Republika Srpska, cooperation under section 15 of the Law on Mediation in Employment mainly comprises of private mediation agencies obtaining information on vacancies and jobseekers from the Employment Institute. The Committee requests the Government to provide further information on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies and please specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. With respect to the Republika Srpska, the Government indicates that the Law on Mediation in Employment provides for penalties (between 1,000 and 5,000 Bosnia and Herzogovinan convertible marka (BAM)) for natural and legal persons engaged in mediation if they charge fees to jobseekers. Penalties of the same amount are foreseen for non-authorized mediation activities. In the Federation of Bosnia and Herzegovina, information was provided with regard to the supervision of private mediation agencies. The Committee requests the Government to continue to provide information on adequate remedies available in all the entities, including the Brčko District. Please also provide information on the manner in which penalties are provided for and effectively applied against agencies committing violations concerning the applicable legislation.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. In reply to the previous comments, the Government indicates in its report that public employment services mediated 211,394 registered unemployed persons into employment in the 2010–13 period. It adds that, in order to increase the efficiency of the public employment services in the Federation of Bosnia and Herzegovina, a strategy for strengthening the mediation function at the public employment services has been developed within the Social Safety Nets and Employment Support Project (SSNESP). The SSNESP, funded by the World Bank, aims at a speedier integration of the unemployed into the labour market and the development of human resources and of other capacities of the public employment service. The Committee notes that the Employment Bureau and private mediation agencies in the Republika Srpska implement the SSNESP and other active labour market measures, such as promoting employment with employers, self-employment in agriculture and small businesses, training and the improvement of labour mobility. Of the 3,988 persons participating in the SSNESP, 2,526 participants obtained employment. The Committee requests the Government to continue to provide information on the implementation of the SSNESP and other measures. Please also continue to provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices in the country.

Articles 4 and 5. Cooperation with the social partners. The Committee notes from the report that in the Republika Srpska, in addition to the Employment Bureau’s management board, the Economic and Social Council, which is also comprised of representatives of the social partners, considers employment policy-related issues. It also notes the continuation of the Local Partnership for Economic and Employment Development aimed at fostering a more active involvement of local communities. With respect to the Federation of Bosnia and Herzegovina, an Advisory Committee for the Federal Employment Institute, which would include the social partners according to the Law on mediation in employment and social security of the unemployed, has not yet been established. The Government indicates that the requirement of cooperation with the social partners in the organization and operation of the employment service has been met since, at the entity and cantonal levels, all key documents concerning the Employment Bureau of the Federation of Bosnia and Herzegovina that were adopted by its management board have been considered by the Economic and Social Council before approval by the Government and Parliament of the Federation of Bosnia and Herzegovina. The Committee requests the Government to continue to provide information on the activities of the Economic and Social Council in the organization and operation of the employment service in the Federation of Bosnia and Herzegovina. It also requests the Government to indicate the procedure adopted for the appointment of employer and worker representatives in the Federation of Bosnia and Herzegovina. Please also include information with regard to the developments in establishing the Advisory Committee for the Federal Employment Institute. Finally, the Committee requests the Government to provide information on the effective cooperation with the social partners in the Brčko District.

Articles 6 and 7. Activities performed by the employment service. The Committee notes the active and passive measures implemented by the Employment Bureau in the Republika Srpska. Active measures include the development of vocational guidance and lifelong learning, career counselling, development, implementation and evaluation of employment projects under the annual action plan on employment, capacity building through cooperation with other organizations, institutions and stakeholders in the Republika Srpska and the Federation of Bosnia and Herzegovina. The Committee notes that the employment services in the Federation of Bosnia and Herzegovina regularly collect and publish job vacancies. Moreover, the cantonal employment services in the Federation of Bosnia and Herzegovina develop their annual workplans aimed at mitigating the negative economic trends and implement them autonomously or in cooperation with local partners or within the framework of international agreements. The Committee notes that a specific focus is put on “hard-to-employ” unemployed persons, such as persons with disabilities. The Committee requests the Government to provide information on the impact of the measures taken or envisaged in the Federation of Bosnia and Herzegovina to develop the capacity to refer to available employment applicants with suitable skills and physical capacity (Article 6(a)(iii)) and to collect and analyse, in cooperation where appropriate with other authorities and with the social partners, the fullest available information on the situation of the employment market and its probable evolution (Article 6(c)). It also requests the Government to continue to provide information on the activities performed by the public employment service in the Republika Srpska and in the Brčko District in relation to Articles 6 and 7.

Article 8. Special arrangements for young people. For the Republika Srpska, the Committee notes that specific organizational units within the Employment Bureau provide services primarily for young persons aged 15 to 30. A total of 14,000 young persons benefited from activities offered by the Centres for Information, Counselling and Training and by Job Clubs, primarily aimed at faster labour market inclusion processes, which enabled 3,117 young people to find employment. Moreover, the Employment Bureau cooperates with the Ministry of Education and Culture in providing professional guidance for graduating students in primary and secondary schools along with university students. Cooperation also occurs between the Federal Employment Institute in the Federation of Bosnia and Herzegovina together with the Ministry of Education and Science, the German Society of International Cooperation (GIZ) and other local institutions. The Committee notes the other ongoing employment programmes for unemployed young persons, notably the Youth Entrepreneurship Programme. The Committee requests the Government to continue to provide information on the impact of the specific measures targeted at young persons and on any new measures envisaged.

Article 9. Employment service staff. The Committee notes that, of the 541 persons employed in the employment service in the Federation of Bosnia and Herzegovina, 243 persons work at the headquarters level in administration and 298 work in the municipal offices. The Government sees a current challenge in that only 50 per cent of the total staff in the cantonal employment services work directly with the unemployed, resulting in a ratio of 1,300 unemployed persons per employment office employee. The Government indicates that the underdeveloped mediation capability has led to the development of the strategy for strengthening the mediation function at the public employment services. During the reporting period, the EU project Institutional Capacity Building in the Employment Sector in Bosnia and Herzegovina aimed at improving the provision of employment services at local employment offices and included specific training for managerial and permanent staff of employment offices. As part of the Youth Employment Project, employment office staff in both entities receive general skills training. The Committee requests the Government to continue to provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service.

Article 10. Outreach to employers and jobseekers. The Committee notes from the report the Agreement on Cooperation signed in June 2010 between the Federal Employment Institute of the Federation of Bosnia and Herzegovina and the Association of Employers of the Federation of Bosnia and Herzegovina on the exchange of information, which is offered free of charge to employers. Similarly, employers in the Republika Srpska are able to avail themselves of services offered by the Employment Bureau, including free publication services in newspapers and through its improved web portal. The Committee requests the Government to continue to provide information on the measures taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the information provided in the Government’s report for the period ending in May 2014. The Government of the Federation of Bosnia and Herzegovina (FBiH) indicates that the average number of employed people has decreased from 440,747 in 2011 to 435,113 in 2013 and the average number of unemployed people has increased from 367,515 to 388,704 during the same period. With regard to the Republika Srpska (RS), the Committee notes that the Government adopted an operational plan for 2013 to implement Bosnia and Herzegovina’s Employment Strategy 2010–14. The Government indicates that the Action Plan for Employment adopted in June 2011 includes measures such as subsidies for employers to create jobs. The Government also indicates that the Regulation on the organization and job systematization was adopted along with the reorganization of the Employment Service and centres for information and advice and job clubs were launched. In 2012, 28,368 people found jobs through the implementation of the Action Plan and other activities. Moreover, 16,508 people found jobs in 2013 through the measures implemented by the Government as of July 2013. The Committee notes that the Institutes for Employment in the FBiH, RS and Brčko District signed an agreement on the right of monetary compensation for unemployed persons. The Committee invites the Government to continue to provide information on the impact of the policies and measures implemented to promote full and productive employment, including statistical data on the labour market trends.

Undeclared work. The Committee notes that the long-term unemployed perform income-generating activities in the informal sector. It is estimated that the informal economy amounts to around 30–50 per cent of the total GDP. The Committee invites the Government to provide information on the measures taken to facilitate the transition of undeclared workers to the formal economy.

Vulnerable workers. The Committee notes that the Social Safety Net and Employment Support Project with the World Bank assists in the implementation of projects for vulnerable jobseekers, including the long-term unemployed, persons with disabilities, and demobilized soldiers. As of October 2014, the project supported nearly 10,000 persons and over 60 per cent of the beneficiaries obtained jobs after service completion. The Committee notes the absence of official records on the employment situation of persons with disabilities and the Roma community. Moreover, only 3 per cent of the Roma community have permanent jobs, and the most common sources of revenue are the sale of secondary raw materials (for 29 per cent of Roma) and begging (19 per cent). The Government of the RS indicates that the Project of Support to Employment of Roma was implemented in 2011. It adds that the Fund for Professional Rehabilitation and Employment of Disabled Persons supported 407 programmes for employment and self-employment of persons with disabilities and 489 persons were employed through the programmes during 2011–12. The Committee invites the Government to continue providing information on the measures taken by the entities of the country to promote the employment of women, the long-term unemployed, persons with disabilities and the Roma community. Please include information on the labour market situation disaggregated by the different target groups of vulnerable workers.

Young workers. The Government of the RS indicates that 1,358 young persons had successfully completed an internship programme by the end of 2011and 52 per cent of them obtained employment through First Job, a project for the employment of young trainees with university degrees. It also indicates that By Knowledge to Work, a project for the employment of interns with university degrees and higher school qualification, commenced in September 2011 and provided support to 1,500 interns. Moreover, the Project for Employment of Young People under 30 with a High School Degree, financed by the United Nations Development Programme was implemented in 2011, supported the employment of 122 young persons. The Committee invites the Government to provide information on the impact of the measures taken by the entities of the country to promote employment of young workers, in particular those with low levels of education.

Vocational education and training. The Committee notes that the Decent Work Country Programme for Bosnia and Herzegovina has focused on improving vocational education and training for enhanced employability with particular attention to vulnerable groups, mainly by analysing the vocational education and training policy and researching the labour market trends for vulnerable groups. The Committee invites the Government to continue to provide information on the measures taken by the entities of the country to improve vocational education and training and on their impact on the employability of the labour force.

Article 3. Consultation with the social partners. The Committee notes the 2011, 2012 and 2013 reports of the Economic and Social Council of the FBiH. The Government indicates that the social partners participated in the development of the Employment Strategy 2009–13 for the FBiH. The Committee notes that the Government and Assembly of the Brčko District signed a cooperation agreement with the social partners with the aim of improving the business and employment environment in the District. The Committee invites the Government to continue to provide information on the consultations held with the social partners on the development and implementation of the employment policy in the country.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report on the application of the Convention received in August 2012. It notes that issues related to the activities of private employment agencies were included in the report for the Federation of Bosnia and Herzegovina and for the Republika Srpska. It further notes that there are 24 private employment agencies registered in the Federation of Bosnia and Herzegovina in accordance with the regulation on private agencies for mediation in employment. The Committee invites the Government to indicate in its next report how the Convention is applied in the Brcko District. It also invites the Government to include extracts from inspection reports and information on the number of workers covered by the measures giving effect to the Convention, and the number of infringements reported (Part V of the report form).

Article 5(2). Special services or programmes for disadvantaged jobseekers. The Committee invites the Government to indicate whether there are special services or targeted programmes designed to assist the most disadvantaged jobseekers.

Article 8. Migrant workers. The Government indicates that migrant workers enjoy the same protection regardless of how they were employed in the territory of the country, either through private employment agencies or otherwise. The Committee invites the Government to provide information on the impact of the measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in Bosnia and Herzegovina by private employment agencies (Article 8(1)) of the Convention. Please also provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. With respect to Article 8(2), please provide further information on the implementation of bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Articles 11 and 12. Allocation of responsibilities with regard to the protection of workers. The Committee invites the Government to clarify in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 for each entity of the country.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes that, in the Federation of Bosnia and Herzegovina, section 23 of the regulation on private agencies for mediation in employment provides that the private agency shall submit information on the mediation of unemployed persons, within five days of employment of individuals for whom it mediated, to cantonal employment services to remove the person from the records of unemployed persons. According to section 24 of the regulation, private agencies will establish cooperation with the employment services in the areas of mutual exchange of information and mutual projects and activities. The Government indicates that the cooperation of private agencies, the Federal Employment Agency, and Employment Services will be further regulated by the Protocol of Cooperation. Furthermore, in the Republika Srpska, section 15 of the Law on Mediation provides that the public employment service and private agencies for mediation may cooperate in the interest of unemployed persons and employers, to conduct mediation activities to recruit and implement programmes and active policy measures. The Committee invites the Government to include further information in its next report on the manner in which efficient cooperation between the public employment service and private employment agencies is promoted and reviewed periodically. Please also provide examples of the information provided to the competent authorities by the private employment agencies, and please also specify the information that is made publicly available and the intervals at which this is done.

Article 14(3). Adequate remedies. The Committee invites the Government to provide information on the adequate remedies, including penalties where appropriate, that are provided for, and effectively applied, in case of violations of this Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1, 2 and 3 of the Convention. Part IV of the report form. Contribution of the employment service to employment promotion. The Committee notes the Government’s report for the period ending June 2010 which includes detailed information in reply to the 2006 direct request. It notes that there are 79 municipal public employment offices in the territory of the Federation of Bosnia and Herzegovina (FBiH), and 58 employment bureaus in the Republika Srpska (RS). Following certification and supervisory audits completed in the 2008–10 period, it appears that the network of employment bureaus is sufficient to serve unemployed persons and employers in the FBiH as each municipality has an employment bureau, although some improvements in the work arrangement of the employment bureaus are still needed. Furthermore, the Committee notes that the Convention has been implemented to a large extent in the Brčko District through the Employment Institute. However, the report indicated that there are still requirements which have not been fully implemented. The Committee further notes that Bosnia and Herzegovina has faced a major problem of high unemployment resulting from, among other issues, the transition towards a market economy. In this regard, efforts are being made to increase the employment rate and decrease the unemployment rate. The 2010–14 employment strategy of the RS aims at reorganizing the public employment services, strengthening the role of the Employment Institute in the RS and reducing the unemployment rate. The Committee wishes to continue receiving information on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the various employment services operating in each of the entities constituting Bosnia and Herzegovina.

Articles 4 and 5. Cooperation with the social partners. The Committee notes that the Federal Employment Institute of the FBiH shall include a Counselling Commission which will provide opinions in terms of employment and social security policies, and recommendations in terms of employment programmes. The Law on Agency in Employment and Social Security of Unemployed Persons of the FBiH prescribes that the Counselling Commission shall be formed by the Administrative Board composed of seven members, including Government representatives, two employer members and two trade union members. The Committee further notes that the FBiH and cantonal governments shall be required to ensure tripartite representation in the appointment of members on administrative boards. In the RS, the legislation provides that the Employment Institute shall be managed by the Administrative Board composed of five members, including one employer representative and one trade union representative. The social partners in the RS have been directly involved in employment policy creation tasks, in the management of the public employment service, and determining their respective representatives in the Administrative Board. With regard to the Brčko District, the Committee notes that there are no counselling commissions formed by employer and worker representatives. The Committee asks that the next report include information on the procedure adopted for the appointment of employer and worker representatives in the FBiH. It also requests information on how cooperation with the social partners will be made effective in the Brčko District. Please also continue supplying information in the next report on the participation of the social partners in the operation of the employment service.

Articles 6 and 7. Activities performed by the employment service. The Committee notes the provisions of the Law on Agency in Employment and Social Security of Unemployed Persons of the FBiH detailing the activities performed by the Federal Employment Institute. The Employment Institute of the RS is organized as a public service whose free of charge services are accessible to all unemployed persons and all employers regardless of the form of organization, activity or ownership structure. The report indicates that the Law on Employment in the Brčko District does not provide for sufficiently developed functions to employment agencies, in terms of counselling and career guidance. The Committee hopes that the next report will include information on the activities performed by the employment service in the FBiH. It also requests information on the activities performed by the public employment service in the Republika Srpska and Brčko District in order to better comply with Articles 6 and 7 of the Convention.

Article 8. Special arrangements for young workers. The Committee notes that the Federal Employment Institute of the FBiH and the cantonal employment services have continuously implemented various youth employment programmes. The Youth Employment and Retaining Programme in Bosnia and Herzegovina for the period 2009–11 (YERP) plans to strengthen the capacity of the employment services in order to create conditions for the provision of professional and efficient services to young unemployed persons. Another youth programme in being prepared with the aim to improve the cooperation between the public employment services and private employment agencies, and the target group are unemployed youth aged 16 to 30 and students. The Committee notes from the report that a 36 month project has been implemented in the RS since September 2009 aimed at increasing the employability and retaining of youth. The Committee hopes that the next report will include information on special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons in each of the entities constituting Bosnia and Herzegovina.

Article 9. Staff of the employment service. The Committee notes the information provided in the report indicating that the Federal Employment Institute and the cantonal employment services of the FBiH are public institutions. The officers employed at the Employment Institute of the RS have the status of civil servants, and they obtain their positions following public competitions. In the Brčko District, the Employment Institute is a public service of general interest. However, the Committee notes from the report that the training of staff is at a low level. Please continue providing information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service.

Article 10. Outreach to employers and jobseekers. The Committee notes that the Federal Employment Institute of the FBiH is at the final phase to conclude the Agreement on Cooperation with the Association of Employers of the FBiH, aimed at, amongst others, improving the functioning of the labour market. In the RS, representatives of employers and workers have been directly involved in the management of the Employment Institute, and they have the opportunity to propose various schemes and models to motivate employers and workers to increase their usage of the public employment services. The Employment Institute of the Brčko District is intending to establish better communication with the representatives of employers and workers. The Committee wishes to receive, in the next report, information on the measures taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis.

Article 11. Measures to secure cooperation with private employment agencies. The Committee notes from the report that the Decree on Private Employment Agencies of the FBiH, adopted in 2009, regulates their activities, method of registration and restrictions, as well as their access to public funds, prices of their services, maintenance of records and their cooperation with the public employment service. The Committee hopes that the next report will include information on the measures taken to secure effective cooperation between the public employment service and private employment agencies.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the information provided in the Government’s report for the period ending in June 2011. It notes that the Federation of Bosnia and Herzegovina (FBiH) adopted an Action Plan in August 2010 implementing the Employment Strategy 2009–13. The Government indicates that the Action Plan is expected primarily to reduce the long-term unemployment rate and promote the employment of hard-to-place unemployed individuals. With regard to the Republika Srpska (RS), the Government indicates that its labour market is undergoing major changes, such as privatization and restructuring. The global financial and economic crisis had a significantly negative impact on employment in the RS. Various measures were undertaken to mitigate the impact of the crisis, which resulted in an increase in the number of persons employed and a decrease of registered unemployment: in September 2010, 247,388 employed persons and 142,625 unemployed persons were registered compared to 241,517 and 149,625 in March 2010, respectively. The Employment Strategy of the RS for 2011–15 was adopted, which envisages the following five strategic goals: (1) stimulating economic growth and employment and enhancing the quality of work; (2) increasing productivity and work quality through human resources development; (3) establishing a balance between labour demand and supply; (4) increasing labour market participation by preventing long-term unemployment, inactivity, social exclusion and poverty especially among disadvantaged groups; and (5) expanding institutional capacity and dialogue among the stakeholders in the field of employment. The Employment Strategy 2011–15 also aims at increasing the overall employment rate by 8 per cent and decreasing the unemployment rate by 2.5 per cent. The Strategy is implemented by the Employment Service. The Committee notes that Bosnia and Herzegovina has one of the lowest labour force participation rates and one of the highest unemployment rates in Europe. It notes that the Employment Strategy 2010–14 for Bosnia and Herzegovina has been adopted in April 2010 in cooperation with the social partners as a common strategy for the country whose overall goal is to promote full, productive and freely chosen employment for all. The first Strategy objective is promoting job growth, productive employment, decent work and reducing unemployment. Its quantitative employment targets include increasing the overall employment rate by two percentage points annually. The Committee invites the Government to provide in its next report an evaluation of the efficiency and effectiveness of the policies and measures to promote full and productive employment implemented in the country, as well as their interaction with other economic and social objectives. The Committee also requests the Government to continue to report on the employment promotion activities carried out under the Decent Work Country Programme, as well as under any other advisory activities of the ILO.

Undeclared work. The Committee notes that undeclared employment in Bosnia and Herzegovina represents approximately one-third of all employment and is heavily concentrated in the agricultural and light manufacturing sectors. It accounts for a large share of the net employment generation. It further notes that the Employment Strategy 2010–14 for Bosnia and Herzegovina envisages measures to reduce employment in the informal economy and facilitate formalization. These include incentives to formalization (such as fiscal incentives and human resources development), measures to strengthen compliance with regulations, and preventative measures (such as the promotion of a favourable business climate). The Committee requests the Government to provide information on the impact on the labour market of measures adopted to address the issue of undeclared work.

Vulnerable workers. The Committee notes that the Action Plan for implementing the Employment Strategy 2009–13 for the FBiH includes measures targeting vulnerable categories of unemployed persons such as persons with disabilities, persons belonging to the Roma community and the long-term unemployed. The Employment Strategy 2011–15 for RS aims at increasing the employment rate of older workers from 40.5 per cent to 48 per cent. The Strategy also targets reducing long-term unemployment from 68 per cent to 55 per cent, decreasing by 10 per cent the inactive population and promoting opportunities for vulnerable categories such as Roma, persons with disabilities, refugees and displaced persons to integrate into the labour market. The Committee requests the Government to include in its next report information on the results of measures aimed at increasing the employment rate of older workers in the entities of the country. It would also appreciate receiving information on the results achieved with respect to the sustainable integration in the labour market of other vulnerable categories of workers, such as persons with disabilities, persons belonging to the Roma community and the long-term unemployed.

Women. The Committee notes that one of the targets of the Employment Strategy 2010–14 for Bosnia and Herzegovina is increasing the female employment rate by 2.5 percentage points annually, while the Employment Strategy 2011–15 for the RS aims at increasing female employment from 38.3 per cent to 46 per cent. The Committee invites the Government to include in its next report information on the results of measures taken by the entities of the country to increase the employment participation rate of women.

Young workers. The Government indicates in its report that the Action Plan implementing the Employment Strategy 2009–13 for the FBiH includes measures targeting the unemployed youth and that the Employment Strategy 2011–15 for the RS aims at increasing the youth employment rate from 22 per cent to 30 per cent. The Committee notes that the majority of young persons of working age (15–24 years) are economically inactive and approximately three-quarters of employed teenagers (15–19 years) and nearly half of young adults (20–24 years) work in the undeclared economy. According to 2009 data, the employment rate among young persons is extremely low at 17 per cent. Moreover, the youth unemployment rate was as high as 49 per cent. The high unemployment rate among young persons is also due to the acute skills mismatch. The Committee notes that, according to the Employment Policy Paper “Youth Labour Markets in Bosnia and Herzegovina” published by the ILO in 2009, active labour market measures implemented were directed towards young persons with relatively high levels of education, while those with lower levels of education and early school leavers are the most disadvantaged in the labour market. The Committee also notes that the Employment Strategy 2010–14 for Bosnia and Herzegovina seeks to reduce youth unemployment to 30 per cent by 2014. The Committee invites the Government to include in its next report information on the impact and cost effectiveness of measures undertaken by the entities of the country to increase opportunities for young people, in particular those with low levels of education, to find lasting employment.

Education and training. The Government indicates in its report that the employment policies of the FBiH and the RS include measures aimed at improving the education system and establishing a lifelong learning system in order to meet labour market needs. The Committee notes that the Employment Strategy 2010–14 for Bosnia and Herzegovina envisages the following measures in the field of education and training in order to improve the employability of the labour force: align the outcomes of the vocational education and training system to labour market requirements; implement legal and institutional measures for establishing a system for adult education and training; include programmes of entrepreneurial education in education curricula; establish a system of inter sectoral cooperation of social partners in education. The Committee requests the Government to include in its next report information on the measures taken by the entities of the country in the framework of education and training policies, and on their impact on the employability and competitiveness of the labour force, as well as the involvement of the relevant social partners in this process.

Article 3. Participation of the social partners in the formulation and application of policies. The Government communicated a copy of the 2010 Report of the Economic and Social Council of the FBiH. The Government also indicates that social partners and other concerned stakeholders participated in the development of the Employment Strategy 2011–15 for the RS. The Committee invites the Government to provide further information on the consultations held with the social partners on the development and implementation of the employment policy in the entities of the country.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the information provided in the Government’s report received in August 2009, in reply to its 2008 observation. The Government reports that, after almost two years of decreasing unemployment rates, since November 2008, a rising trend has been registered in the number of unemployed persons. The Committee notes that, according to the preliminary results of the Labour Force Survey (LFS) prepared in 2009, the overall unemployment rate stands at 24.1 per cent, as compared to 23.4 per cent registered under the 2008 LFS. The Government indicates that an employment strategy covering the period 2009–13 has been developed for the Federation of Bosnia and Herzegovina and the Brcko District in the context of an EU-funded project for the reform of employment policy and the establishment of the labour market information system in Bosnia and Herzegovina. The Committee notes that this strategy places the focus on the achievement of full employment, the improvement of quality and productivity of workplaces and the development of existing human resources through skills upgrading. As concerns vulnerable groups, the Committee notes that, in the context of the newly adopted employment strategy, the Federation of Bosnia and Herzegovina has envisaged special measures to increase the labour market participation rate of women, the objective being to raise it from 21.1 per cent in 2008 to 40 per cent by the end of 2013. Both, the Federation of Bosnia and Herzegovina and the Brcko District have envisaged measures targeting young persons, older workers and other groups of workers with special needs aimed at increasing their opportunities of integration into the labour market. The Committee refers to its 2008 observation and invites the Government to continue supplying detailed information on the effects of the measures taken to meet the employment goals set out under the employment strategies adopted by each entity. The Committee hopes that the next report will contain detailed information on the employment trends of the most vulnerable groups of workers, and requests the Government to specify the results achieved in terms of the integration of these categories into the labour market.

2. Article 3. Participation of the social partners in the formulation and application of policies. The Committee indicates that, in order to successfully implement employment strategies, it is necessary to strengthen and institutionalize the role of the social partners so as to ensure their involvement in the process of developing appropriate programmes and measures. The Committee notes that in the Federation of Bosnia and Herzegovina, social partners participate in discussions concerning the economic and social policy measures to be adopted by the Government within the Economic and Social Council. The Committee invites the Government to include in its next report detailed information on the manner in which consultations on the matters covered by the Convention are ensured, including any examples of the questions addressed or the decisions reached, on employment policy through the Economic and Social Council established in the Federation of Bosnia and Herzegovina, and other tripartite boards and committees that exist in the country.

3. Part V of the report form. ILO technical cooperation. The Committee notes that, under the ILO’s Decent Work Country Programme in Bosnia and Herzegovina (2006–07), priority was given to the development of employment and labour market policies and programmes which reflect national needs and EU standards, taking into consideration equal opportunity concerns related to gender equality and persons with disabilities. The Committee requests the Government to report on the employment promotion activities carried out under the Decent Work Country Programme, and on any other advisory activities of the ILO concerning employment promotion and actions taken as a result thereof.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1, 2 and 3 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in November 2007. The Government appended the first Labour Force Survey carried out in 2006 in Bosnia and Herzegovina by the statistical institutions of the competent entities and co-financed by the World Bank, the Department for International Development (United Kingdom), the Government of Japan and the UNDP. Methodological principles behind the survey were based on the recommendations and definitions of the ILO and the requirements of Eurostat. The survey covered 10,000 households, including 5,943 in the Federation of Bosnia and Herzegovina, 3,457 in the Republika Srpska and 600 in the Brcko District. It appears that employment rates in Bosnia and Herzegovina are low compared to neighbouring countries and that there is a large gap between men and women. Almost 63 per cent of women of working age are inactive. Registered employment data suggest that there has been some modest growth in formal employment since 2003. The informal economy may account for one third of all employment. The Committee notes with concern that the overall unemployment rate is estimated at 32.7 per cent in the Federation of Bosnia and Herzegovina and at 29.8 per cent in the Republika Srpska. Youth unemployment rate is among the highest worldwide (62.3 per cent). There is a prevalence of long-term unemployment in particular for those with lower levels of education.

The Committee also notes the Country Review of Employment Policy on Bosnia and Herzegovina prepared by the ILO and the Council of Europe in June 2008. One of the main purposes of the document is to contribute to the implementation of international labour standards and principles relating to employment in Bosnia and Herzegovina, in particular Convention No. 122. The main employment policy priorities for Bosnia and Herzegovina identified in the review appear to be the development of an active policy on employment, tackling the informal economy, improving education and training outcomes, modernizing employment services and targeting active labour market policies to disadvantaged groups, providing adequate support during unemployment, ensuring an effective and equitable income policy and promoting social dialogue on employment. The Committee welcomes this approach but expresses its concern regarding the effective pursuit of “an active policy designed to promote full, productive and freely chosen employment”, “as a major goal” and within the framework of a coordinated economic and social policy (Articles 1 and 2 of the Convention). It therefore asks the Government to provide in the report that it is due in 2009, full particulars on the follow-up given by the competent authorities and the social partners in each entity to the recommendations made by the Country Review of Employment Policy. Please provide information on the manner in which the available data on the employment situation and trends have been used as a basis for the adoption and review of an effective active employment policy including productive employment opportunities for disadvantaged groups as required by the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s report for the period ending June 2005. The report enumerates the legislative texts applicable to the Federation of Bosnia and Herzegovina (FBH) and the Republika Srpska (RS). The Committee notes once again that each of the entities constituting Bosnia and Herzegovina is autonomous with regard to labour and employment issues. It understands that the Federal Employment Bureau has been established in the FBH and that employment counsellors have been designated in local offices of the RS. The Employment Bureau of the Brcko District of Bosnia and Herzegovina performs the tasks of the employment service. The Committee once again expresses interest in obtaining information on the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the various employment services operating in the country. It hopes that the next report will indicate whether the network of employment offices is sufficient to serve employers and workers in each area of the country (Articles 1, 2 and 3 of the Convention and Part IV of the report form).

2. Cooperation with the social partners. The Committee refers to its 2004 direct request and would appreciate receiving information from the respective authorities on the arrangements made through advisory committees for the cooperation of employer and worker representatives in the organization and operation of employment services and in the development of an employment service policy. Please indicate the number of advisory committees established at the level of each entity and the procedure adopted for the appointment of employer and worker representatives (Articles 4 and 5).

3. Activities performed by the employment service. Please indicate the manner in which the employment service is organized and the activities that it performs at the level of each entity in order to discharge effectively the functions enumerated in Articles 6 and 7 of the Convention.

4. Special arrangements for young workers. Taking into account the large proportion of young workers engaged in the informal economy, the Committee would be grateful to receive information on any special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons.

5. Status and conditions of service of the staff of the employment service. Please provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service, as required by Article 9 of the Convention.

6. Please indicate whether measures have been taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis (Article 10).

7. Measures to secure cooperation with private employment agencies. The Committee notes that private employment agencies operate in the country and requests the Government to indicate in its next report which measures are envisaged to secure effective cooperation between the public employment service and such private agencies (Article 11).

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the reply to its 2004 direct request provided in the Government’s report received in May 2006. The Government indicates that the policies implemented in the framework of the mid-term development strategy of the Bosnia and Herzegovina Poverty Reduction Strategy (PRS) (2004-07) will be discussed after its completion. It further states that the measures under the PRS are supported by international financial institutions and the European Union with the aim of improving the business environment and the development of small and medium-sized enterprises. For the application of Convention No. 122, the competent authorities of the constituent entities of Bosnia and Herzegovina ensure consultation with the representatives of the social partners. The Committee hopes that the Government will supply information in its next report on the difficulties encountered in achieving the employment objectives established in the PRS, as part of a coordinated economic and social policy, in consultation with the representatives of those affected, in accordance with Articles 1, 2 and 3 of the Convention. It reiterates its interest in receiving a report containing particulars from the respective authorities on:

–      the measures taken or envisaged to compile statistics on the labour market with a view to obtaining data on the characteristics and trends relating to job offers and applications, as such statistics are necessary to implement an active employment policy;

–      the manner in which the measures taken with the support of the International Monetary Fund, the World Bank and other development banks to carry out the structural reforms necessary for a transition to a market economy contribute to the promotion of employment;

–      the specific training and placement measures adopted for persons experiencing difficulties in finding and retaining employment, such as women, young persons, older workers and persons with disabilities;

–      training and retraining measures for workers affected by structural reforms; and

–      the manner in which consultations are held with representatives of employers and workers concerning employment policies.

The preparation of a detailed report, including the indications requested in this direct request, will undoubtedly provide the competent authorities and the social partners with an opportunity to evaluate the manner in which the objectives of full and productive employment set out in the Convention are being achieved. The Committee reminds the Government that the technical assistance of the Office is available to help it to comply with its reporting obligations and for the implementation of an active employment policy within the meaning of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report received in October 2003 and the indications provided relating to the responsibility with regard to employment matters of the constituent entities of Bosnia and Herzegovina. It understands that each of the constituent entities of Bosnia and Herzegovina, namely the Federation of Bosnia and Herzegovina and the Republika Srpska, is autonomous with regard to labour and employment issues. It also understands, from the Mid-term Development Strategy of Bosnia and Herzegovina Poverty Reduction Strategy Papers (PRSP) 2004-2007 of March 2004, that the total number of employed in Bosnia and Herzegovina is estimated at 999,500 persons out of whom 638,000 are formally employed. The share of those formally employed seems to be higher in the Republika Srpska than in the Federation. The unemployment rate in Bosnia and Herzegovina, according to World Bank data, is around 16.4 per cent (15.8 per cent in the Republika Srpska, 16.9 per cent in the Federation). The Committee asks the Government to state in its next report whether any particular difficulties have been encountered in achieving the employment objectives established in the PRSP, as part of a coordinated economic and social policy, in consultation with the representatives of those affected, in accordance with Articles 1, 2 and 3 of the Convention. It also recalls the relevance of other Conventions ratified by Bosnia and Herzegovina, in particular the Employment Service Convention, 1948 (No. 88), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Human Resources Development Convention, 1975 (No. 142), and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the full application of which would certainly contribute to the attainment of the objectives of employment creation established by the PRSP. With regard to employment creation in the private sector, the Government may also wish to refer to the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

2. The Committee would be grateful to receive a report containing particulars from the respective authorities on:

-  the measures taken or envisaged to compile statistics on the labour market and on employment problems with a view to obtaining data on the characteristics and trends relating to job offers and applications which are necessary to implement an active employment policy;

-  the manner in which the measures taken with the support of the International Monetary Fund, the World Bank and other development banks to carry out the structural reforms necessary to a transition to a market economy contribute to the promotion of employment;

-  the specific training and placement measures adopted for persons experiencing difficulties in finding and retaining employment such as, women, young persons, older workers and persons with disabilities;

-  training and retraining measures for workers affected by structural reforms; and

-  the manner in which consultations take place with representatives of employers and workers concerning employment policies.

3. The preparation of a detailed report, including the indications requested in this direct request, will undoubtedly provide the competent authorities and the social partners with an opportunity to evaluate the manner in which the objectives of full and productive employment of the Convention are being achieved. The Committee reminds the Government that the technical assistance of the Office is available to help it to comply with its reporting obligations and for the implementation of an active employment policy within the meaning of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the information provided by the Government in its first report covering the period June 1992-July 2003. It recalls that each of the entities constituting Bosnia and Herzegovina, namely the Federation of Bosnia and Herzegovina (FBH) and the Republika Srpska (RS), is autonomous with regard to labour and employment issues. It understands that employment agencies are organized at the level of entities and cantons in the FBH, while the RS Employment Agency is a centralized institution with six regional offices and a number of municipal offices. The Committee requests the Government to indicate in its next report the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the Agency for Employment and Placement of Bosnia and Herzegovina and by the employment agencies operating in the FBH and in the RS. Please indicate whether the network of employment offices is sufficient to serve employers and workers in each area of the country (Articles 1, 2 and 3 of the Convention and Part IV of the report form).

2. Cooperation with the social partners. The Government states in its report that the employment services organized at the level of the constituent entities of Bosnia and Herzegovina cooperate with the organizations of workers and employers through the participation of their representatives who participate in the administrative bodies of these services. In the comments forwarded with the Government’s report, the Association of Employers of the Federation of Bosnia and Herzegovina observes that the organization of employers does not participate in the administrative bodies of the employment service. The employer’s organization recalls that the Steering Board of the Employment Board was appointed in accordance with the acts of 1990 and that the economy was State-controlled at that time. The chambers of commerce were represented on the Steering Board, but not freely elected representatives of employers. The Committee requests the respective authorities to provide information on the arrangements made through advisory committees for the cooperation of employer and worker representatives in the organization and operation of the employment services and in the development of employment service policy. It asks them to indicate the number of advisory committees established at the level of each entity and the procedure adopted for the appointment of employer and worker representatives (Articles 5 and 6).

3. Activities performed by the employment service. Please indicate the manner in which the employment service is organized and the activities that it performs at the level of each entity in order to carry out effectively the functions enumerated in Articles 6 and 7 of the Convention.

4. Special arrangements for young workers. Taking into account the large proportion of young workers engaged in the informal economy, the Committee would be grateful to receive information on any special arrangements initiated and developed within the framework of the employment and vocational guidance services for young persons.

5. Status and conditions of service of the staff of the employment service. Please provide information on the status, conditions of service, methods of recruitment and selection, and training of the staff of the employment service, as required by Article 9 of the Convention.

6. Please indicate whether measures have been taken, in cooperation with employers’ and workers’ organizations, to encourage the full use of employment service facilities by employers and workers on a voluntary basis (Article 10).

7. Measures to secure cooperation with private employment agencies. Please indicate whether private employment agencies operate in the country and, if so, the measures adopted or envisaged to secure effective cooperation between the public employment service and such private agencies (Article 11).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a detailed report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee again notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a detailed report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a detailed report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a detailed report will be supplied for examination by the Committee at its next session and that it will contain full information on each provision of the Convention and in reply to each question of the report form.