CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Bosnia and Herzegovina (RATIFICATION: 1993)

Other comments on C138

Observation

Direct Request

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Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee had previously noted that according to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine the hazardous types of work prohibited to minors.

The Committee notes the Government’s indication that no regulation, pursuant to section 51(2) of the Labour Law that define hazardous types of work prohibited to persons under 18 years of age, has been adopted. The Government further states that it is in the process of adopting a new Labour Law. The Committee urges the Government to take the necessary measures, during the review of the Labour Law, to ensure the adoption of a list of activities and occupations prohibited for persons below 18 years of age in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

2. Republika Srpska. The Committee noted the Government’s information that determining the hazardous types of work prohibited to young persons under 18 years of age shall be regulated by the provisions of sectoral or specific collective agreements.

The Committee notes the Government’s information that according to section 75 of the Labour Law of the Republika Srpska workers under the age of 18 years shall not be assigned to work on particularly heavy physical works, or works performed underground or underwater or in other activities that could pose an increased risk to their life, health and physical and mental development. The Committee also notes the Government’s information that Republika Srpska has only a very small number of persons under the age of 18 years who are employed (71 persons were employed in 2013) and that there were no cases of occupational injuries of persons under the age of 18 years. However, the Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Government will, during the future discussions related to the adoption of the new Labour Law, ensure that a provision authorizing the Ministry of Labour to determine hazardous works that are prohibited to children under 18 years, is included in the new Labour Law. The Committee expresses the firm hope that the Government will take the necessary measures to ensure the inclusion, in the new Labour Law, of a provision authorizing the competent authorities to draw up a list of types of hazardous work prohibited to persons below 18 years of age and to ensure the adoption of such a list in the very near future. It requests the Government to provide information on any progress made in this regard.

3. Brcko District. The Committee had previously noted that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15 18 years are determined by collective agreement. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the types of work determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 7. Light work. 1. Federation of Bosnia and Herzegovina. Following its previous comments, the Committee notes the Governments indication that in Bosnia and Herzegovina children below the age of 15 years are not permitted to be employed in any work, not even in light work.

2. Republika Srpska. The Committee notes the Government’s statement that the labour inspectors have so far not recorded any cases of employment or work by children below 15 years of age. The Committee also notes the Government’s information that it will strictly enforce the ban on work by persons under the age of 15 years, regardless of whether it concerns engagement in light work activities. Moreover, the Committee notes the Government’s statement that it has not envisaged to take any measures to allow such work by children between the age of 13 and 15 years.

Article 9(1). Penalties. 1. Federation of Bosnia and Herzegovina. The Committee previously observed that section 139a of the Labour Law of the Federation of Bosnia and Herzegovina, established penalties for an employer who fails to conclude an employment contract with an employee, but does not indicate any penalties for the non-observance of the minimum age provisions under section 15 of the Labour Law.

The Committee notes the Government’s indication that the contract concluded in contravention of section 15 of the Labour Law would be invalid and prohibited. However, there are no specific penalties for its conclusion. The Government further indicates that there has not been a single case of concluding such contracts in practice. The Committee notes from the Government’s written replies to the list of issues related to the combined second, third and fourth periodic report of Bosnia and Herzegovina to the Committee on the Rights of the Child (CRC/C/BIH/Q/2-4/Add.1, 2012; paragraph 129) that the new Labour law which is in the process of being adopted contains provisions of penalties for the offences related to concluding contracts with children younger than 15 years or employing such persons into any type of job. The offence is considered as a misdemeanour and is punishable by fines of 1,000–7,000 Bosnia and Herzegovina Convertible Marka (BAM). The Committee expresses the firm hope that the draft Labour Law of the Federation of Bosnia and Herzegovina which will establish penalties for the violation of the minimum age provisions will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

2. Brcko District. The Committee previously noted that section 111 of the Labour Law of the Brcko District which prescribes penalties for various violations of the law, does not establish any penalties for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15 years). Noting the absence of information in the Government’s report the Committee once again requests the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age.

Article 9(3). Registers of employment. The Committee had previously noted the Government’s information that the procedure of keeping record books which contains information regarding the date of birth of the employees was under way for the Brcko District. Noting the absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the legal provisions that prescribe the keeping of registers of the employees in the Brcko District as soon as they have been adopted.

Application of the Convention in practice. The Committee notes from the Government’s report that according to the data from the Annual Statistical Bulletin of the Federal Bureau of Statistics, in the Federation of Bosnia and Herzegovina, a total number of 125 employees below 18 years of age were employed in 2011 and 63 such employees were employed in 2012. In the Republika Srpska, the total number of employees aged between 15 to 18 years were 124 (89 boys and 35 girls) in 2012 and 71 (49 boys and 22 girls) in 2013. The Committee further notes the Government’s information that within the frame work of the National Action Plan for Children 2011–14, a national census, including a survey on child labour was conducted in October 2013. The Committee requests the Government to provide information from the 2013 national survey, on the employment of children and young persons, particularly the number of children under the minimum age of 15 who are engaged in economic activities. It also requests the Government to provide statistical information on the employment of children and young persons in the Brcko District.