CMNT_TITLE

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bosnia and Herzegovina (RATIFICATION: 1993)

Other comments on C087

Observation

Direct Request

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Federation of Bosnia and Herzegovina

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing. Relationship with works councils. In its previous comments, the Committee had requested the Government to take all the necessary steps to amend the following provisions which privilege work councils relative to trade unions and place the latter in a secondary and subsidiary position vis-à-vis works councils, thus involving the risk of weakening the institutional position of trade unions: (i) section 98 of the Labour Law, as amended by section 41 of the Decree of 15 August 2000, which enables the employer to organize collective dismissals in consultation with all trade unions representing 10 per cent of workers, only if there is no works council in the enterprise; and (ii) section 108(2) of the Labour Law, which provides that if no works council has been created in the establishment, the trade union shall have the same powers and obligations as the works council in accordance with the law. The Committee once again notes the Government’s indication that the draft Act on Amendments to the Labour Law of the Federation of Bosnia and Herzegovina is still in the legislative process, and that the Government will bear in mind the Committee’s comments. In this respect, the Committee expresses the firm hope that in the process of review of the Labour Law, its comments with respect to sections 98 and 108(2) will be taken into account, and requests the Government to transmit a copy of the text as soon as adopted.

Article 3. Right of employers’ and workers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. In its previous comments, the Committee had noted that the Law on civil service in the Federation of Bosnia and Herzegovina did not govern the organizing and leading of strikes, and that the Government indicated that separate laws governing the issue of strikes in, inter alia, administration bodies and administration services in the Federation of Bosnia and Herzegovina would be prepared. The Committee notes from the Government’s report that the issue of organizing and leading strikes in the civil service of the Federation of Bosnia and Herzegovina is still not regulated by special law but that the collective agreement for employees of administrative bodies and judicial authorities in the Federation of Bosnia and Herzegovina contains provisions governing strikes. The Committee requests the Government to provide information concerning the relevant provisions of the abovementioned collective agreement and to supply a copy of the text.

Republika Srpska

Article 2. Right of employers and workers to establish and join organizations of their own choosing. In its previous comments, the Committee, noting that section 2(2) of the Regulation on the registration of trade union organizations in the registry of the Republika Srpska identifies a single central organization – the Union of Trade Unions – as the broadest form of trade union organization in the Republika Srpska and makes no provision concerning the registration of additional organizations at that level, had requested the Government to amend this provision so as to ensure trade union diversity. The Committee notes that the Government indicates that negotiations between the Government and the trade unions are still ongoing regarding the adoption of the new Regulations. The Committee recalls that trade union diversity should remain possible in all cases and freedom of choice must be safeguarded even where employers’ and workers’ organizations have chosen a single central organization – a situation which should not be institutionalized by legislation (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 96 and 194). The Committee trusts that the principles enounced above will be duly taken into account in the process of adoption of the new Regulations.

Article 3 of the Convention. Right of employers’ and workers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. The Committee had previously requested the Government to ensure that sections 10 and 11 of the 1998 Act on Strikes, which authorized the employer to determine the minimum service and to assign workers to posts at least three days before the beginning of the strike taking into consideration the opinion, suggestions and comments of the trade union, are amended so that workers may participate in the definition of the minimum service and so that an independent body may make the determination when the parties concerned cannot agree. The Committee notes the Government’s indication that a new Act on Strikes was adopted in Republika Srpska in 2008, and that, according to its section 12(4), the strike committee and the employer jointly assign workers to their posts at least five days before the beginning of the strike. The Committee understands, however, that, prior to that stage, the employer still appears to be authorized, after having requested the views of the trade union, to determine the extent and the modalities of the minimum service taking into account the nature of the activity, the risk for the life and health of persons, and other important circumstances affecting the needs of citizens, enterprises etc. (section 12(2) and (3)). Recalling that organizations of workers should be able, if they so wish, to participate along with the employers and the public authorities in defining the minimum service, which must be limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, the only possible exception being the case of essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population; and that, in case of disagreement among the interested parties, the minimum service should be defined by a joint or independent body (see the 1994 General Survey, paragraph 161), the Committee will proceed with the examination of the provisions of the 2008 Act on Strikes of Republika Srpska as soon as its translation is available.

Brcko District

Application of the Convention. The Committee notes the general information provided by the Government concerning the application of the Convention in the Brcko District. The Committee requests the Government to supply copies of the Labour Law, the Law on Associations and Foundations and other relevant legislation applicable in the Brcko District, and to indicate the specific provisions giving effect to each Article of the Convention.