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 9(1) of the Convention. Penalties. 1. Federation of Bosnia and Herzegovina (FBiH). In its previous comments, the Committee noted that section 171(1)(3) of the Labour Law of the FBiH No. 26/16 of 2016 provides that a fine in the amount of 1,000 to 3,000 Convertible Marka (BAM), or of BAM5,000 to 10,000 in case of a recurring violation, shall be imposed on employers (legal persons) if they have concluded an employment agreement or if they have employed an underage person for any type of work, in breach of section 20 of the Labour Law. The fine is of BAM2,000 to 5,000 on employers (natural persons) for the same offence.

The Committee notes the indication by the Government in its report that no penalties were imposed by the labour inspectors of the Federal Administration for Inspection Issues (FAII) for violation of section 20 of the Labour Law of the FBiH during the reporting period. The Committee requests the Government to continue to provide information on the application of section 171(1)(3) of the Labour Law of the FBiH, in conjunction with its section 20, in practice, in particular the number of violations detected and the penalties imposed.

2. Brčko District. The Committee previously noted the Government’s indication that section 110 of the Labour Law of the Brčko District No. 19/06 of 2006 shall be amended to provide that a fine between BAM1,000 and 10,000 shall be imposed on employers (legal persons) if they have concluded an employment agreement with a person under the age of 15 years, in violation of section 10(1) of the Labour Law, or if they have employed an underage person without fulfilling the requirements referred to in section 10(2) of the Labour Law.

The Committee notes with interest that the new Labour Law of the Brčko District No. 34/19 of 2019, in its section 173(1)(j) and (7), imposes a fine of BAM3,000 on employers (legal persons) for the conclusion of an employment agreement with underage persons, in violation of its section 20(1) which provides for a minimum age of 15 years for employment, and of section 20(2)(a) and (b) which sets out the requirements for the employment of persons between the ages of 15 and 18. The fine is of BAM1,500 on employers (natural persons) for the same offence (section 173(1)(j) and (9)). In addition, section 173(1)(hhh) and (7) of the Labour Law No. 34/19 of 2019 imposes a fine of the same amount for violation of its section 75 that sets out provisions on employment protection of underage persons, including the prohibition of performance of hazardous work. The Committee requests the Government to provide information on the application of section 173(1)(j) and (hhh) of the Labour Law of the Brčko District No. 34/19 of 2019 in practice, in particular the number and nature of violations detected and the penalties imposed.

Article 9(3). Registers of employment. Brčko District. Further to its previous request on the specific legal provisions that prescribe the keeping of registers of employees in the Brčko District, the Committee observes that by virtue of sections 165-167 of the Labour Law of the Brčko District No. 34/19 of 2019, employees must have working record books which shall be kept by their employers during the period of employment of employees. The Committee further observes that the Rulebook on Working Record Books of the Brčko District No. 7 of 2011 regulates the entry of data into the working record book, including the names and dates of birth of employees (section 3(2)).

Application of the Convention in practice. The Committee previously noted the Government’s information according to which, in the Republika Srpska, 97 young persons (62 boys and 35 girls) between the ages of 15 and 18 were recorded as employees in 2015 and 194 (125 boys and 69 girls) were recorded in 2016; in the FBiH, 338 employees under 18 years were recorded in 2014 and 197 in 2015; and in the Brčko District, no cases of employment of persons under the age of 18 had been registered by the labour inspectors.

The Committee notes the statistical data provided by the Government indicating that in the Republika Srpska, 75 employees (51 boys and 24 girls) between the ages of 15 and 18 were recorded in 2017; 69 employees (57 boys and 12 girls) were recorded in 2018; and 100 employees (81 boys and 19 girls) were recorded in 2019. The Government further indicates that according to the data of the labour inspectorate, in the Republika Srpska, there were no cases of work carried out by children under the age of 15. The Committee requests the Government to continue to provide statistical data, including on the number of children below the minimum age engaged in economic activities and the number of young persons engaged in hazardous work in the FBiH, the Republika Srpska and the Brčko District.

[The Government is asked to reply in full to the present comments in 2022.]