Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Bosnie-Herzégovine

Convention (n° 88) sur le service de l'emploi, 1948 (Ratification: 1993)
Convention (n° 122) sur la politique de l'emploi, 1964 (Ratification: 1993)
Convention (n° 181) sur les agences d'emploi privées, 1997 (Ratification: 2010)

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.