Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 177) sur le travail à domicile, 1996 - Bosnie-Herzégovine (Ratification: 2010)

Articles 1, 2 and 3 of the Convention. National policy on home work. Referring to its previous comments, the Committee notes the Government’s indication that there have been no activities in the Federation of Bosnia and Herzegovina referring to developing a national policy as regards home work. The Government refers to reforms adopted in 2018 and 2022 by the Federation of Bosnia and Herzegovina to amend the Labour Law which did not concern home work. The Government states however that application of the Convention in practice was ensured through the provisions of the Labour Law regulating the issue of work outside the employer’s facilities. As regards the situation in the Republika Srpska, the Committee notes the Government’s indication that there is no policy on home work, although it is provided that employment outside the employer’s facilities must not endanger the health of employees and other persons or the work environment. The Committee notes that the Government has not provided information on this point for the Brčko District. The Committee recalls that the situation has not evolved since 2013 when the Government indicated its intent to develop a policy on home work in the near future in consultation with the social partners as required by the Convention. The Committee notes once again that while the legislation of each of the three entities regulates work performed outside the employer’s premises, homeworkers are not regulated as such. The Committee is therefore bound to recall once again that Article 3 of the Convention requires ratifying States to adopt, implement and periodically review a national policy on home work, in consultation with the social partners and, where they exist, with organizations concerned with homeworkers and those of employers of homeworkers. The Committee reiterates its request to the Government to provide information on measures taken and consultations held concerning the development of a national policy on home work. The Committee requests the Government to provide updated information regarding the development of any legislation and policy on homeworkers and to provide a copy of these documents.

Article 4(2). Equality of treatment. The Committee recalls that although the legislation in the Brčko District does not address the issue of home work, the Government previously indicated that section 4 of the Labour Law of the Brčko District prohibits discrimination against both jobseekers and workers while recognizing that it is not in a position to provide specific information on the issue of equality of treatment between homeworkers and other workers. In its latest report, the Government has provided no new information on how the situation in this district has evolved since 2018. The Committee further notes that, as regards the Republic of Srpska, the Government indicates that there is no difference between employees who work from home and employees who work at the facility of the employer, and that regulations on occupational safety and health are applied to all categories of employees and employers without exceptions. The Committee recalls that for a number of years it has been raising concerns regarding the need to have a national policy on home work that effectively promotes equality of treatment between homeworkers and other wage earners, taking into account the special characteristics of home work. The Committee observes that without formulating, implementing and duly monitoring a policy vision, in consultation with relevant stakeholders as required by the Convention, ensuring equality of treatment between home workers and other wage earners in relation to the eight thematic areas, as required by Article 4 of the Convention, is highly compromised as demonstrated by the Government’s incapacity to gather information and report on the subject. The Committee therefore asks the Government to duly provide information in its next report on how it effectively promotes equality of treatment between home workers and other wage earners in all entities of the national territory.

Article 9. Enforcement measures. The Government indicates once again that no labour inspections related to home work have been performed in the Federation of Bosnia and Herzegovina and the Republic of Srpska within the reporting period and has not provided information on this point as regards the Brčko District. The Committee notes this information with concern and reminds the Government that, according to Article 9 of the Convention, a system of inspection shall ensure compliance with the laws and regulations applicable to home work and that adequate remedies, including penalties where appropriate, in case of violation of these laws and regulations shall be provided for and effectively applied. The Committee considers that the absence of a dedicated policy combined with the lack of targeted inspections to monitor the application of the national legislation seriously compromises the application of the Convention. The Committee consequently requests the Government to ensure the effective application of the Convention in all the entities comprising the national territory and to ensure that a system of inspection secures compliance with the laws and regulations applicable to home work, and that adequate remedies and penalties are provided for and effectively applied in case of violation of these laws and regulations.

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