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

Bosnie-Herzégovine

Convention (n° 102) concernant la sécurité sociale (norme minimum), 1952 (Ratification: 1993)
Convention (n° 121) sur les prestations en cas d'accidents du travail et de maladies professionnelles, 1964 [tableau I modifié en 1980] (Ratification: 1993)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 121 (employment injury benefits) together.

Part XI (Standards to be complied with by periodical payments), Articles 65 or 66 of Convention No. 102 and Articles 19 or 20 of Convention No. 121. Replacement rate of benefits. Federation of Bosnia and Herzegovina (FBiH), Republic of Srpska and Brčko District. The Committee notes the information provided by the Government in its report, which includes various data on wages and benefits levels. The Committee, however, recalls that calculations of replacement rates of benefits shall be made according to the requirements set out in Articles 65 or 66 of Convention No. 102 and Articles 19 or 20 of Convention No. 121. The Committee therefore requests the Government to provide calculations of replacement rates for the following benefits according to Titles I–IV of the report forms for the Conventions:

• unemployment benefits provided in FBiH and Brčko District;
• old-age benefits provided to a person with 30 years of contribution in FBiH and the Republic of Srpska;
• survivors’ benefits provided to a surviving spouse and two children of a deceased person with 15 years of contribution in FBiH and the Republic of Srpska; and
• employment injury benefits provided to a surviving spouse and two children of a deceased person in FBiH and the Republic of Srpska.

The Committee reiterates that the Government can avail itself of the technical assistance of the Office in this regard.

Articles 65(10) or 66(8) of Convention No. 102 and Article 21 of Convention No. 121. Adjustment of benefits. FBiH and Republic of Srpska. The Committee once again requests the Government to provide statistical data on the periodic adjustment of benefits, specifically: (i) old-age and survivors’ benefits according to Title VI of the report form for Convention No. 102; and (ii) employment injury benefits according to the report form for Convention No. 121.

Parts II (Medical care) and III (Sickness benefit), in conjunction with Article 71(3) of Convention No. 102. General responsibility of the State for the due provision of benefits. Republic of Srpska. The Committee previously noted challenges with the sustainable financing of compulsory health insurance, including the inefficient collection of contributions and the “concealment” of the full salary on which contributions are based. The Committee notes the absence of specific information in the Government’s report in this respect. The Committee once again requests the Government to provide information on the measures taken or envisaged to address funding issues and to ensure the due provision of medical care and sickness benefits, including measures aimed at ensuring compliance with contribution obligations.

Part IV (Unemployment benefit), Article 20, in conjunction with Article 24(1)(a), of Convention No. 102. Suitable employment and public works. Republic of Srpska. The Committee previously observed that, in accordance with Part IV of the Act on Mediation in Employment and Unemployed Rights, No. 30/10, unemployed persons, including those in receipt of unemployment benefits, can be designated by the Employment Office to perform public works. As per sections 43(1)(e) and 54(1)(lj) of the Act, registration with the Employment Office is terminated and the right to unemployment benefit ceases in case an unemployed person fails to respond to an offer to engage in public works without a “justified reason”.

The Committee notes the absence of specific information in the Government’s report in this respect. The Committee requests the Government to clarify: (i) whether there are any requirements that public works must meet, especially related to unemployed persons’ previous professional experience, education, or skills; and (ii) whether an unemployed person may be offered to participate in public works during the first 13 weeks of unemployment.

Article 24(1)(a), in conjunction with Article 23, of Convention No. 102. Duration of unemployment benefit. Republic of Srpska. The Committee notes from the Government’s report that, under section 39 of the Act on Mediation in Employment and Unemployment Rights, No. 30/10, as amended by Acts Nos 94/19 and 112/23, the duration of unemployment benefit payment depends on the length of the insurance period. Specifically, unemployment benefits are provided for three months if the insurance period is between two and five years (section 39(v) of the Act).

The Committee recalls that, as per Article 24(1)(a) of the Convention, unemployment benefits shall be provided for a minimum of 13 weeks (approximately 3 months) within a period of 12 months. The Committee also recalls that, under Article 23 of the Convention, the qualifying period for entitlement to the 13-week unemployment benefit can be established as necessary to preclude abuse, that is, to prevent possible enrolment in the scheme for the sole purpose of acquiring entitlement to benefits. In this respect, the Committee observes that the qualifying period of two to five years required for the 3-month unemployment benefit is excessively long, as it limits access to the minimum benefits guaranteed by the Convention. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 24(1)(a) of the Convention.

Part V (Old-age benefit), Article 29(2)(a) of Convention No. 102. Reduced benefit after 15 years of contribution or employment. FBiH. The Committee notes with interest that, according to section 40 of the Act on Pension and Disability Insurance, No. 13/2018, the insured person is entitled to an old-age pension upon reaching the age of 65 and having at least 15 years of insurance period.

Part X (Survivors’ benefit), Article 63(2)(a) of Convention No. 102. Reduced benefit after 5 years of contribution or employment. FBiH. The Committee notes the Government’s indication that, according to section 68 of the Act on Pension and Disability Insurance, No. 13/2018, family members of a deceased insured person who met the conditions for an old-age or disability pension on the day of death have the right to a survivors’ benefit. The Committee requests the Government to indicate whether the spouse and children of an insured person who, on the day of death, has completed five years of contribution or employment, are entitled to a reduced survivors’ benefit.

Article 71(2) of Convention No. 102. Financing of social security benefits. FBiH, Republic of Srpska and Brčko District. The Committee notes with regret the absence of statistical data on the financing of social security benefits. The Committee therefore reiterates its request to the Government to provide statistical data on the share of insurance contributions borne by the employees, in accordance with the report form for the Convention.

Article 14, in conjunction with Articles 6(c) and 9(3), of Convention No. 121. Partial permanent loss of earning capacity or faculty. FBiH. (i) Salary compensation. The Committee previously noted the Government’s indication that a partial permanent incapacity for work does not entitle a person to a disability pension, which is granted only to persons with a category I disability. The Committee also notes from the Government’s report that, according to section 55 of the Act on Pension and Disability Insurance, No. 13/2018, persons with a category II disability are provided with salary compensation starting from the date of disability until they are assigned to another workplace; during retraining or additional training; as well as if they receive a lower salary at a different workplace.

The Committee recalls that, as per Articles 6(c) and 14 of the Convention, benefits for partial permanent loss of earning capacity shall be provided regardless of the person’s participation in retraining, additional training, or employment at other workplaces. Moreover, such benefits shall be provided throughout the entire period of contingency, i.e., the period of partial permanent loss of earning capacity, as outlined in Article 9(3) of the Convention. Therefore, the Committee observes that salary compensation provided to persons with a category II disability cannot be considered for the purposes of applying Article 14(1)(3) of the Convention.

(ii) Cash compensation for physical impairment. The Committee notes that, according to section 67 of the Act on Pension and Disability Insurance, No. 13/2018, persons with disabilities resulting from employment injuries are entitled to cash compensation for physical impairment. This compensation is provided to persons with a physical impairment ranging from 30 to 100 per cent (section 67(5) of the Act).

The Committee recalls that Article 14(1)(4)(5) of the Convention distinguishes between the minimum and slight degree of partial disability. More specifically, the minimum degree refers to minor disability that may not give the right to a benefit and shall be prescribed in such a manner as to avoid hardship. The slight degree refers to the partial permanent loss of faculty that is not substantial and allows converting periodic cash benefits into a lump sum payment. In this respect, the Committee has previously observed that a degree of disability up to 30 per cent can be considered slight. The Committee has also underlined that the minimum degree should be lower than the slight degree of disability (see the Committee’s 2025 General Survey, Achieving comprehensive employment injury protection, paras 245 and 249).

The Committee observes that cash compensation for physical impairment is not provided where the degree of impairment is assessed at less than 30 per cent. The Committee therefore observes that, while a degree of 30 per cent may be regarded as a slight degree of impairment, it cannot be regarded as the minimum degree for the purposes of applying Article 14(1)(5) of the Convention.

The Committee requests the Government to provide information on the measures taken or envisaged to ensure that benefits are provided for loss of faculty due to employment injury, beginning with the minimum degree of such loss, according to Article 14(1)(5) of the Convention.

Article 14(2), in conjunction with Article 20, of Convention No. 121. Replacement rate of cash compensation for physical impairment. FBiH. The Committee notes that cash compensation for physical impairment is determined based on the lowest pension amount (section 67(5) of the Act on Pension and Disability Insurance, No. 13/2018). The Committee requests the Government to provide information on the replacement rate of cash compensation for total physical impairment, in line with Titles I-III of the report form for Article 20 of the Convention.

Article 14(3), in conjunction with Article 6(c), of Convention No. 121. Partial permanent loss of earning capacity or faculty. Republic of Srpska. The Committee notes that, as per section 60(3) of the Act on Pension and Disability Insurance, No. 134/2011, the disability pension is provided to a person whose loss of ability to work was caused by employment injury. The Committee requests the Government to indicate periodic cash benefits provided to a person with a partial permanent loss of earning capacity or loss of faculty due to employment injury.

Article 18(2) of Convention No. 121. Funeral benefit. Republic of Srpska. The Committee notes the Government’s indication that the Rulebook on the Payment of Funeral Expenses for a Deceased Pension Beneficiary, adopted by the Pension and Disability Insurance Fund of the Republic of Srpska, sets out the conditions for paying funeral benefits. According to section 2 of the Rulebook, the Management Board of the Pension and Disability Insurance Fund determines the amount allocated for funeral expenses, which is approximately 500 convertible marks (BAM).

Article 22(e) of Convention No. 121. Suspension of benefit. Republic of Srpska. The Committee previously noted that the benefit for temporary incapacity for work due to employment injury is not granted by the Health Insurance Fund in case of abuse of the right to absence from work due to temporary incapacity for work. In addition, it is not granted if the incapacity for work is caused by drunkenness.

The Committee recalled that in accordance with Article 22(e) of the Convention, employment injury benefits may be suspended where the employment injury has been caused by voluntary intoxication or by the serious and wilful misconduct of the person concerned. The Committee notes the absence of information in this respect from the Government. The Committee reiterates its request to the Government to explain the manner in which this provision of the Convention is applied in practice and to provide examples of the Health Insurance Fund’s decisions on refusal of benefits due to the above-mentioned reasons.