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Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Bosnia and Herzegovina (RATIFICATION: 1993)

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions No. 81 (labour inspection) and No. 129 (labour inspection in agriculture) together.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work, including in relation to migrant workers. The Committee notes that, in reply to its previous comment, the Government indicates that, in the Federation of Bosnia and Herzegovina (the Federation), the activity reports of the Federal Administration for Inspection Affairs (FAIA) for 2017 and for the month of May 2018 contained no data on registered instances of irregular migrant workers. Moreover, the Government indicates that, in the Republica Srpska, the Law on Employment of Foreigners and Stateless Persons prescribes special conditions and procedures for the employment of foreigners, including actions that labour inspectors should take when they encounter foreign workers in an irregular situation. It adds that a new law on the employment of foreigners is being developed in the Republica Srpska, which will define the rights and conditions of employment of foreign workers, including migrant workers. The Committee requests once again that the Government provide specific information on the procedures applied when labour inspectors detect migrant workers in an irregular situation, including whether they are obliged to report migrant workers without the required work or residence permit to the immigration authorities, the police or other bodies for further action.It also requests the Government to provide updated information on any legislative developments in the Republica Srpska with respect to the employment of foreign workers, including migrant workers.

Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision and control over the labour inspection system by a central authority or the central authority of a federated unit, and cooperation between inspection services. In reply to the Committee’s previous comment, the Government indicates that the labour inspection services in the Republica Srpska are organized following a dual system, that is, labour inspectors are employed within local self-government units and in the Inspectorate at the level of the Government of the Republica Srpska. The Government further indicates that because the responsibilities between the Inspectorate and local self-government unit were not divided, the current practice leads to certain confusion and different approaches to the same or similar cases. The Government adds that the labour inspection services of the Republica Srpska cooperate with the inspection services of the Federation and Brčko District through joint actions. This cooperation is achieved, for example, with respect to inspections resulting from requests or complaints when there is a question regarding jurisdiction. In these cases, the requests are shared with the cantonal offices of labour inspection in the Federation or with the Brčko District. The Committee also notes the adoption of a new Law on Inspections of the Republica Srpska in 2020. As for the Federation, labour inspection is organized within the FAIA and the ten cantonal inspectorates. The Committee notes the Government’s indication that, according to the new Occupational Safety and Health (OSH) Law (No. 79/20) that came into force in November 2020 in the Federation, the federal inspector cooperates with the competent cantonal inspectors during inspections on issues that are of mutual interest and provides them professional assistance. The OSH law also indicates that for the purpose of uniform implementation of the law, the federal inspector may issue appropriate instructions to the cantonal inspectors. The Committee notes the Government’s indication that the issue of non-alignment of laws does not exist in practice given the fact that very few cantons have adopted cantonal labour laws, and all of those that have adopted legislation have aligned it with the law of the Federation. The Committee requests the Government to continue to provide information on the measures taken or envisaged to enhance coordination and coherence of the labour inspection systems between the two entities of Bosnia and Herzegovina and the Brčko District. Moreover, the Committee requests the Government to provide detailed information on the measures taken, in practice, to provide for enhanced cooperation and coordination between the FAIA and the cantonal inspection services in the Federation. Regarding the labour inspection system in the Republica Srpska, the Committee requests the Government to provide information on the structure and division of competencies between the self-government units and the Inspectorate provided in the new Law on Inspections and to indicate the measures taken in order to ensure coordination and cooperation between these two levels of government.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial system. The Committee notes that the fines provided for in the 2020 OSH Law of the Federation are higher than those provided in the previous OSH Law. The Committee notes, however, that no information was provided by the Government on the penalties imposed and fines collected during the reporting period. In the Republica Srpska, the Committee notes that powers, procedures and appropriate sanctions for the purpose of more efficiently addressing informal work are regulated through various legislative texts, such as the Law on Amendments to the Law on the System of Public Services, the Law on Amendments to the Law on Handicraft Entrepreneurial Activity, the Law on Amendments to the Law on Tax Procedure, and the Law on Inspections. The Committee notes that according to the report of the Inspectorate of the Republica Srpska for 2021, for misdemeanours, there are almost no cases where the court imposed a higher penalty than the minimum prescribed by law. According to the inspection report, this defeats the purpose of prescribing fines in a range of minimum and maximum amounts. The Committee also notes that according to the inspection report, in order to improve the work of the Inspectorate, it is necessary to consistently monitor the collection of fines imposed through misdemeanour orders and promptly take actions with the Tax Administration to collect unpaid fines. Finally, the Committee notes that the labour inspection report includes information on the enforcement activities conducted by the Inspectorate and by the self-government units and on the amount of fines collected for misdemeanours. The Committee requests the Government to provide information on the practical application of the penalties provided in the new OSH law in the Federation. The Committee also requests the Government to provide information on the enforcement activities undertaken in the Federation and in the Brčko District, including on the number of violations detected, the infringement reports issued, the cases reported to the courts, the penalties imposed, and the fines collected. The Committee also requests the Government to provide information on the measures adopted in the Republica Srpska in order to ensure that the penalties imposed by courts for cases referred to by labour inspectors are sufficiently dissuasive. It also requests the Government to continue to provide information on the penalties imposed for the effective enforcement of labour law violations conducted by the self-government units and the Inspectorate in the Republica Srpska.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations (including in relation to agricultural undertakings). The Committee notes that according to section 7(a) of the previous Law on Inspections in the Republica Srpska, the Committee for Inspection Affairs was in charge of coordinating the activities and processes with employers’ and workers’ organizations, local self-government units and government representatives on questions relating to the application of labour inspection legislation. The Committee notes that the Government does not indicate if this arrangement is foreseen in the new Law on Inspections of the Republica Srpska. Noting the absence of information on the matter, the Committee requests once again the Government to provide information and examples of arrangements made to further enhance collaboration between the labour inspection services and employers’ and workers’ organizations in the Federation, in particular with regard to agricultural enterprises. It also requests the Government to provide information on the mechanisms for collaboration between the labour inspection services and employers’ and workers’ organizations established in the new Law on Inspections of the Republica Srpska, including any arrangement concerning the agricultural sector.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the Labour Inspectorate of the Republica Srpska had no special training in the area of agriculture. In the Federation, the Committee notes that the Government refers to provisions of the Law on Inspections prescribing conditions of professional development, without providing specific information on training sessions actually held. With regard to the conditions of employment of labour inspectors, the Government indicates that, in the Republica Srpska, these are determined according to the Law on Civil Servants and the Law on Inspections, and that the salary of labour inspectors and monthly travel allowances are regulated in the same manner as for all other civil servants in the public administration. As for the Federation, the Government indicates that labour inspectors are civil servants who have an appropriate university degree with at least three years of work experience. They are selected via public competition and, after a satisfactory completion of the probationary period, they enter the position of inspector without limits on term in office. Their employment status is regulated by the Law on Civil Service. The Committee once again requests the Government to provide more detailed information on the training activities for labour inspectors (content, duration, frequency, and number of participants, etc.), including on subjects relating specifically to agriculture. It also requests that the Government provide information on the conditions of service of labour inspectors at all levels of government, more specifically on their remuneration, career prospects and employment tenure in comparison to those of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources available to the labour inspection services, including transportation facilities. In reply to the Committee’s previous comment, the Government indicates that in the Federation the composition of the labour inspectorate, within the FAIA, includes three employees for the area of labour protection, including one officer acting as head of the federal labour inspectorate, and another authorized to conduct activities in the area of complaints and legal protection. The Government notes that there are currently two employees covering occupational safety and health matters. The Government also indicates that the inspectorate of the Federation is currently performing its functions with fewer inspectors than the those foreseen in the organizational structure of the FAIA. The labour inspectors of the Federation have appropriately equipped and available offices, appropriate technical devices (computers, laptops, copying and scanning machines), as well as four official vehicles available to perform their duties. Travel and other expenses are reimbursed to labour inspectors. With respect to the Republica Srpska, labour inspectors may obtain travel allowances when the inspection is conducted in a territory which is administratively covered by another organizational unit. However, the Government indicates that this procedure is rarely used due to budgetary limitations. For the purpose of on-site inspections, labour inspectors often share vehicles with other inspectors. The Committee notes the Government’s indication that the number of vehicles is not adequate when considering the number of inspectors and the territory covered. The Government also indicates that, in the Republica Srpska, as of April 2021, all nine local self-government units had one filled position of labour inspector. The Government indicates that there were 33 labour inspectors in the Inspectorate as of December 2020 but notes that a large share of labour inspectors are close to retirement age. In this regard, the Government states that 18 labour inspectors are over the age of 60, a significant number of inspectors are aged between 50 to 60, and only two inspectors are younger than 40. With respect to the Brčko District, the Government indicates that the offices of labour inspectors are not adequately equipped in accordance with the needs of the service and that the number of vehicles for labour inspectors is not sufficient. The Government notes that the adoption of legislative texts is currently under way to provide for the reimbursement of expenses incurred by inspectors. The Committee requests that the Government continue to provide detailed information on the number of labour inspectors, at all levels of government, including the cantonal entities in the Federation, and on the material resources available to inspectors in both entities and the Brčko District.With respect to the Brčko District, the Committee requests the Government to provide further information on the reimbursement of expenses, including travel expenses, as well as measures taken to improve the offices and equipment available to labour inspectors.

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Right of free entry of labour inspectors. The Committee notes that section 21 of the Law on Inspections of the Brčko Districts provides for the right of labour inspectors to enter freely workplaces and premises liable to inspection. The Committee takes note of this information which addresses its previous request.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Powers of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the powers of labour inspectors, including labour inspectors in the Central Bosnia Canton, are determined by the Law on Inspections of the Federation. When labour inspectors establish a violation of laws or regulations, they have the power and obligation to order various measures, including preventive measures, specific actions to be taken within a certain deadline, administrative actions, and fines. The Committee notes that according to the new OSH Law of the Federation, if labour inspectors determine that there is an imminent threat to a worker’s life or health, they may issue an order prohibiting work from being carried out at the workplace. The Committee also notes that the labour inspection report of the Republica Srpska of 2021 provides information on the number of administrative measures (including orders to the employers to eliminate identified deficiencies within a specified time limit), violation warrants, and misdemeanour orders issued by labour inspectors. The Committee requests the Government to provide data on preventive measures adopted by labour inspectors at all levels of government when they have reasonable cause to believe that defects in workplaces constitute a threat to the health or safety of workers (Article 13(1) of Convention No. 81 and Article 18(1) of Convention No. 129), and the results of such measures. The Committee also requests the Government to provide information on preventive measures with immediate executory force in the event of imminent danger to the health or safety of workers adopted by labour inspectors at all levels of government (Article 13(2) of Convention No. 81 and Article 18(2) of Convention No. 129), and the results of such measures.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint. Frequency and thoroughness of inspection visits. In reply to the Committee’s previous comment, the Government indicates that in the Federation, labour inspectors conducted a total of 93 inspections in 2017, of which 44 were regular inspections, one target inspection and 48 re-inspections. With respect to the Republica Srpska, labour inspectors conducted 3,852 inspections in 2021, of which 1,187 were conducted following a complaint. The Committee also notes that according to the report of the Inspectorate of the Republica Srpska for 2021, the fact that there is a very high percentage of inspections performed as a result of a complaint greatly complicates the planned approach to performing inspection controls. The Committee notes the absence of information on the number of labour inspection visits that were routine visits and those that were made in reaction to a complaint in the Brčko District. The Committee requests the Government to continue to provide updated statistical information on the number of labour inspection visits conducted in both entities and the Brčko District, by indicating whether they are routine inspections or visits conducted as a result of a complaint, including specific information concerning the agricultural sector. Noting the indication of the Government regarding the high number of reactive inspections conducted in the Republica Srpska, the Committee also requests the Government to provide information on the measures taken in order to ensure (i) that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions; and (ii) confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes the annual reports on the work of the labour inspectorate of the Republica Srpska up to the year 2021 in Serbian language, received with the Government reports. The Committee also notes that the last annual labour inspection report of the Federation received by the Office dates back to 2017. The Committee notes once again that no annual labour inspection report for the Brčko District has been received. The Committee requests that the Government pursue its efforts to ensure that labour inspection reports for the Federation and the Brčko District are published and communicated to the Office and that they contain information on all subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. It also requests the Government to continue to publish and communicate to the Office the labour inspection report for the Republica Srpska, and to ensure that this report contains statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); and statistics of industrial accidents and occupational diseases (Article 21 (f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129).

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In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work, including in relation to migrant workers. The Committee notes that the Government, in reply to its previous request concerning the activities undertaken in the informal economy and their outcome, refers to the statistical information provided in the annual labour inspection reports for 2012–14 of the Federation of Bosnia and Herzegovina (the Federation) and indicates that the activities of the labour inspectorate in the Republica Sprska have generated positive results, including a considerable increase in the number of workers registered with the social security scheme.

The Committee also notes that the Government, in reply to its previous request concerning the control of the employment of migrant workers, emphasizes that the labour inspection services in both the Federation and the Republica Sprska monitor the application of the legal provisions concerning the protection of all workers (including migrant workers), but that they are not responsible for the application of immigration laws. The Committee requests that the Government describe the applicable procedure where labour inspectors detect migrant workers in an irregular situation, including whether they are obliged to report migrant workers without the required work or residence permit to the immigration authorities, the police or other bodies for further action.

Noting that the role of labour inspectors is to ensure the enforcement of the rights of all workers, including migrant workers, the Committee requests that the Government provide information on cases in which workers found in an irregular situation concerning their employment status have been granted their entitlements for the period of their effective employment relationship (such as the payment of wages and social security benefits). The Committee also requests the Government to provide relevant information in relation to the Federation, the Republica Sprska and the Brčko District.

Concerning the labour inspection system in the Federation, the 2012 audit emphasized the need to provide for coordination within this system in view of the duality of responsibilities for labour inspection of the Federal Administration for Inspection Issues (FAII) and each of the ten cantonal inspectorates of the Federation, which leads to some overlapping competencies. In this regard, the Government indicates that the 2014 Law on Inspections in the Federation provides for relevant provisions on coordination, including the delineation of competences between the federal and canton level. While noting the provisions in the 2014 Law on Inspection concerning the delineation of competencies, the Committee requests that the Government provide information on the measures taken in practice to provide for enhanced cooperation and coordination between the FAII and the cantons in the Federation (including the harmonization of labour law legislation between the cantons and the formulation of a common labour inspection policy, etc.).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial system. In its previous comment, the Committee noted the detailed information in the 2012 audit concerning the reasons for the insufficiency of penalties for labour law violations and their ineffective enforcement in the Federation and the Republica Sprska.

Concerning the Federation, the Committee notes the Government’s reference to the penalties provided for in the 2014 Law on Inspections in the Federation and its indication that the draft labour law and the draft OSH law are still in the process of adoption. It also notes the Government’s reference to the statistical information concerning penalties in the annual labour inspection reports of the Federation. Concerning the Republica Srpska, the Committee notes the statistics provided by the Government, according to which, in 2014, 520 cases were considered by the judicial authorities, but that due to suspension or acquittal only 177 cases (that is, about one third) resulted in employers being punished in the first instance. The Committee also notes the Government’s indication that 837 infringement reports were issued by labour inspectors, but that the Law on Minor Offences still requires them to only pronounce the minimum penalty. Moreover, the Government indicates that employers may feel encouraged to appeal the infringement reports of labour inspectors, as the courts have never pronounced a penalty beyond the minimum one, but have often rendered suspensions or acquittals. Referring to the recommendations made in the 2012 audit, the Committee once again requests that the Government provide information on the measures taken to increase the effectiveness of penalties and remove any obstacles to the their effective enforcement. The Committee also requests that the Government provide detailed information on the enforcement activities undertaken in both entities and the Brčko District (including on the number of violations detected, the infringement reports issued, the cases reported to the courts, the penalties imposed, the fines collected, etc.) demonstrating the progress made in this regard.

The Committee also requests that the Government take measures to ensure that the legislation in the Federation is amended as soon as possible so as to provide for dissuasive fines (including through the adoption of the draft OSH law and the amendment to the Labour Law).

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations (including in relation to agricultural undertakings). The Committee previously noted the recommendations of the 2012 audit to intensify collaboration and promote joint discussions between the social partners and the labour inspectorates, including in relation to agricultural undertakings, which according to the audit was weak in most cantons of the Federation. With regard to the Federation, the Government refers to the discussion of labour inspection issues in the tripartite Economic and Social Council, and the example of a joint workshop in Sarajevo in March 2015 and indicates that the labour inspectorate has achieved a certain degree of cooperation with employers’ and workers’ organizations (especially through the joint organization of seminars, conferences, workshops, round tables, etc.). With regard to the Republica Sprska, the Government indicates that the tripartite Economic and Social Council reviews the annual labour inspection report, which covers labour inspection in all sectors, including agriculture, but that no specific activities to promote collaboration between officials of the labour inspectorate and employers and workers in agriculture have been undertaken. The Committee requests that the Government provide information on the arrangements made to further enhance the collaboration between the labour inspection services and employers’ and workers’ organizations, in particular with regard to agricultural enterprises. Please provide concrete examples of any activities undertaken in this regard.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service and training of labour inspectors. In its previous comment, the Committee noted the findings in the 2012 audit, according to which the career prospects, incentives to improve performance and the training of labour inspectors were insufficient, especially in the cantons of the Federation. Moreover, the Committee noted from this audit that the training on subjects specific to agriculture had still not been provided in both entities, even though agriculture in the Republica Sprska represents one third of all economic activity in the country.

Concerning training of labour inspectors in the Federation, the Committee notes the Government’s reference to relevant statistical information in the annual labour inspection reports of the Federation (in Bosnian language), which the Committee is unable to locate. Concerning the Republica Sprska, the Committee notes the Government’s reference to a training programme for junior labour inspectors, and its indication that, due to scarce funds, no specific training on issues related to agriculture has been provided. The Committee requests that the Government include in its report details on the training activities for labour inspectors (content, duration, frequency, and number of participants, etc.) including on subjects relating specifically to agriculture, such as the handling of chemicals. It also requests that the Government provide information on the conditions of service of labour inspectors, including their remuneration and career prospects, and measures taken to improve them, as recommended in the 2012 audit.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources available to the labour inspection services, including transportation facilities available to the labour inspection services. In its previous comment, the Committee noted the findings in the 2012 audit, according to which there were shortcomings with regard to the number of labour inspectors and the material resources available to them, especially in the cantons of the Federation.

In reply to its request to implement the recommendations in that audit to strengthen the human resources and material means of the labour inspectorate, including the purchase of adequate transport facilities and appropriate protective equipment, the Government refers, with regard to the Federation, to information on human and material resources, including equipment in the annual labour inspection reports of the Federation (in Bosnian language), which the Committee is unable to locate. The Committee further refers, with regard to the Republica Sprska, to the current number of labour inspectors (35 labour inspectors and eight additional labour inspectors in some municipalities) and the fact that no special equipment could be purchased in view of budget constraints. The Committee requests that the Government include in its report detailed information on the number of labour inspectors (and to indicate whether the eight additional inspectors referred to by the Government also enjoy the status of public servants), the material means, including protective equipment and the number of transport facilities in both entities and the Brčko District, as well as measures taken for their improvement as recommended in the 2012 audit.

If applicable, the Committee requests that the Government also provide information on the monthly travel allowances paid to offset the costs incidental to the performance of the duties of labour inspectors (amount, procedure for reimbursement, etc.).

Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Right of free entry of labour inspectors. In its previous comments, the Committee recalled the conclusions of the tripartite committee set up in 1998 to examine the article 24 representation submitted by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the right of free entry of labour inspectors. The Committee noted that the tripartite committee considered that the obligation of labour inspectors in a canton of the Federation to request authorization from the cantonal minister before conducting an inspection visit was not in conformity with Article 12(1) of the Convention. The Committee also noted that it appeared from the information contained in the 2012 audit that some restrictions on the right of free access in practice persisted, at least in the canton of Central Bosnia. In this regard, the Committee notes that the Government indicates, with reference to sections 94, 96 and 98 of the 2014 Law on Inspections in the Federation, that labour inspectors are not required by law or in practice to seek authorization from the supervisory authority to be able to exercise their right of entry to workplaces and premises liable to inspection. The Committee also notes the information provided by the Government on the situation in law and practice concerning the right of free entry of labour inspectors in the Republica Sprska. The Committee requests that the Government specify the state of law and practice with regard to the right of free entry of labour inspectors in the Brčko District.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Powers of labour inspectors in the Canton of Central Bosnia of the Federation. In its previous comment, the Committee noted the information in the 2012 audit according to which, although inspectors in the Federation had the power to issue compliance orders, prohibition notices and fines and to initiate legal proceedings, labour inspectors in the Canton of Central Bosnia did not have the same powers and could almost only recommend remedial actions to be taken by employers in the event of non-compliance with the legal provisions. In this regard, the Committee notes that the Government refers to the 2014 Law on Inspections in relation to labour inspectors’ powers, but does not comment on the situation concerning the Canton of Central Bosnia specifically. The Committee requests that the Government specify the powers of labour inspectors in the canton of Central Bosnia in the event of a danger to the health or safety of workers or the detection of a violation, and to take the necessary measures to ensure that labour inspectors in this canton are granted the same powers as labour inspectors in other cantons of the Federation.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint. In its previous comment, the Committee noted the Government’s indication that the balance of the different types of inspection visits in the Federation (routine/reactive) depended on available resources, whereas in the Canton of Central Bosnia most inspection visits were reactive, that is, in response to a complaint. In this context, the Committee emphasized that a sufficient number of regular inspections is necessary to ensure that labour inspectors comply with the obligation to treat complaints as confidential with a view to preventing the employer or his representative from detecting any link whatsoever between the inspection and the likelihood of a complaint, identifying the person responsible for the complaint and taking reprisals against that person (Article 15(c)). The Committee notes that according to the statistical information provided in the Government’s report in relation to the Republica Sprska, in 2014, about two-thirds of all labour inspections were regular inspections, whereas about one third was made in relation to a complaint. The Committee is unable to locate relevant statistics in the annual inspection reports of the Federation. The Committee requests that the Government provide statistical information on the number of labour inspection visits in the Federation and the Brčko District, by indicating the number of labour inspection visits that were routine visits and those that were made in reaction to a complaint.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services (in agriculture). The Committee notes the annual reports on the work of the labour inspection services of the Federation and the Republica Sprska for 2012, 2013 and 2014 in Bosnian and Serbian language, respectively. As regards labour inspection activities in agriculture, while the Committee notes that the labour inspection reports for the Republica Sprska contain some information on labour inspections in agricultural workplaces and their outcome, it has once again not been able to locate such information in the annual reports of the Federation. It also notes that once again no annual labour inspection report for the Brčko District has been received. The Committee requests that the Government ensure that the central inspection authority of the Federation and the Brčko District discharge their obligations to publish and communicate to the Office an annual report on the work in industry, commerce and agriculture of the services under their control, either in a general report encompassing these sectors, or in two reports (one for agriculture and the other for the other sectors). In this respect, the Committee also once again requests that the Government report on the progress made with the establishment and operation of the “E-inspector” software in the cantons of the Federation, as well as with the collection of information on existing workplaces in cooperation with other institutions, to make this information available and fed into the systems in use by the different cantons.

The Committee requests that the Government in any event provide statistical information in relation to the Federation, the Republica Sprska (as the Government has already done) and the Brčko District on the subjects listed in Article 21(a)–(g) of Convention No. 21 and Article 27 (a)–(g) of Convention No. 129 that is as detailed as possible (including on industrial, commercial and agricultural undertakings liable to inspection and the persons employed therein; statistics of inspection visits; violations reported and penalties imposed; and occupational accidents and cases of occupational disease, including their causes).

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The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Labour inspection needs assessment (ILO technical assistance). The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection needs assessment in 2012 (2012 audit) and that the recommendations were made with a view to improve the effectiveness, efficiency and quality of the labour inspection services. The recommendations also concern, in addition to Convention No. 81, the improved application of the present Convention (in particular the recommendations concerning adequate transport facilities, personal protective equipment, training of labour inspectors in agriculture, etc.). The Committee requests the Government to indicate the steps taken or envisaged with a view to improve the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit and to provide a copy of any texts adopted in this regard.

Article 9(3) of the Convention. Adequate initial and further training for labour inspectors in agriculture. The Committee notes that the Government does not communicate information on any training provided for labour inspectors in agriculture. It further notes from the 2012 audit, that training on subjects specific in agriculture, such as the handling of chemicals, has still not been provided. Referring to its comments under Convention No. 81 in this regard, the Committee notes that one of the recommendations in the 2012 audit concerns the design and implementation of training strategies covering the specific needs of labour inspection. The Committee therefore once again requests the Government for detailed information on initial and further training activities for labour inspectors (content, duration, frequency and number of participants, etc.) specifically in agriculture-related subjects like the handling of chemicals.

Article 13. Collaboration between officials of the labour inspectorate and employers and workers of their organizations. The Committee notes the information provided by the Government according to which, in the Federation of Bosnia and Herzegovina, no specific measures were taken to promote cooperation between the labour inspection officials and employer and workers or their organizations in relation to agricultural undertakings. It further notes the Government’s indications that labour inspection issues are discussed in the tripartite Economic and Social Council of the Republika Srpska, but that the Government has not provided further details on whether discussions have included agricultural undertakings. Referring to its comments under Convention No. 81 in this regard, the Committee notes that one of the recommendations in the 2012 audit concerns the intensification of collaboration with the social partners and the promotion of joint discussions on the exact role of labour inspection. The Committee requests the Government, once again, to indicate whether any measures have been taken or are envisaged to promote collaboration specifically in relation to agricultural undertakings between officials of the labour inspectorate and employers and workers or their organizations and to give any examples of such collaboration. In this respect, the Committee draws the attention of the Government to the guidance provided in Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Articles 14 and 15. Human and material resources including transportation facilities available to the labour inspection services in agriculture. Referring to its comments under Convention No. 81 on the insufficiency of the human and material resources available to the labour inspectorates as diagnosed in the 2012 audit and the corresponding recommendations in this regard, the Committee recalls that transport facilities are of particular importance for the effective exercise of the functions of labour inspectors to reach agricultural undertakings in remote areas (see also paragraph 255 of the 2006 General Survey on labour inspection). It would also like to emphasize the importance for labour inspectors in agriculture to have at their disposal appropriate protective equipment to protect them from typical hazards in this sector (exposure to chemical products or pesticides, etc.). The Committee asks the Government to provide detailed information on any follow-up measures taken with regard to the recommendations in the 2012 audit (that is, strengthening the human resources of the labour inspectorates, purchase of adequate transport facilities and appropriate protective equipment, etc.).

In this regard, the Committee asks the Government to specify the number of labour inspectors exercising functions in agriculture throughout the entities and in the Brcko District, as well as the material means at their disposal, in particular the number of vehicles. If applicable, please also provide information on the monthly travel allowances paid to offset the costs incidental to the performance of the duties of labour inspectors (amount, procedure for reimbursement, etc.).

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee notes the annual reports on the work of the inspection services of the Federation of Bosnia and Herzegovina (the Federal Administration for Inspection Issues (FAII)) for 2009, 2010 and 2011 and of the Republica Srpska for 2010 and 2011. It notes however that it has not been able to locate information, neither in the annual reports of the Federation of Bosnia and Herzegovina, nor the annual reports of the Republica Srpska, which is particularly related to the work of the labour inspection services in agriculture. It notes that again no annual labour inspection report relating to the Brcko District has been received. Noting from the 2012 audit that, in the Republika Srpska, agriculture represents one third of the economic activities of the entity, and its reiterated comments in this regard, the Committee once again reminds the Government of the obligation to publish and communicate, under Article 26 of the Convention, an annual report containing information on the subjects set forth in Article 27. It invites the Government to refer, in this regard, to paragraphs 320–345 of its General Survey of 2006 on labour inspection and emphasizes the need for information, specifically concerning the working of the labour inspection system in agriculture, to be presented separately in the general report so that labour inspection in agriculture can be improved, if necessary, by the adoption of appropriate measures (paragraph 330 of the General Survey). The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged so as to collect statistics regarding the activities of the inspection services in agriculture and to ensure that the central inspection authority of each entity and the Brcko District discharges its obligations to publish and communicate to the Office an annual report on the work in agriculture of the services under their control, either as a separate report or as part of its general annual report on the activities of all the inspection services. It once again requests the Government to indicate any practical difficulties encountered in this regard.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on agricultural undertakings liable to inspection and the persons employed therein; statistics of inspection visits; violations reported and penalties imposed; and occupational accidents and cases of occupational disease, including their causes.

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The Committee notes the Government’s report, rgarding the initial training of labour inspectors, criteria for determining the numbers of inspection staff in the two entities (Republika Srpska and the Federation of Bosnia and Herzegovina) and transport facilities available to labour inspectors.

Articles 6(1)(a)–(c) and (2) of the Convention. Enforcement, prevention and improvement of the legislation relating to occupational safety and health in agricultural undertakings. Activities concerning the conditions of life of workers. With reference to its previous comments, the Committee notes the information provided by the Government as to the various ways in which the inspection services in the Federation of Bosnia and Herzegovina and the Republika Srpska, may draw the attention of the competent authority to any gaps in the legislation relating to conditions of life and work in agricultural undertakings. The Committee would be grateful if the Government would provide detailed information in its next report on the nature and volume of inspection activities (reports, notices, prosecutions, etc.) and prevention activities (information and technical advice) carried out by labour inspectors in agricultural undertakings, particularly those intended to ensure the protection of workers exposed to hazards connected with the use of chemical products or complex plant or machinery.

Article 9(3). Adequate initial and further training for labour inspectors in agriculture. The Committee takes note of the information provided by the Government on the training of inspectors in the Federation of Bosnia and Herzegovina, especially in the light of the establishment of an inspection management system with the assistance of a USAID ELMO project. The Committee requests the Government to supply information on initial and further training activities for labour inspectors specifically in agriculture-related subjects like the handling of chemicals. Please specify the content, duration, frequency, number of participants and possible impact of such training.

Articles 11 and 12. Cooperation between the labour inspection services in agriculture and duly qualified technical experts and specialists, government services and public institutions. The Committee notes the information provided by the Government on the possible methods of cooperation between the labour inspection services and technical experts and specialists. The Committee would be grateful if the Government would indicate the methods by which cooperation is implemented, specifically with regard to the conditions of work and the protection of workers engaged in agriculture, giving recent examples, if applicable.

Article 13. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the information provided by the Government on the ways in which the labour inspectorate and the social partners collaborate, notably through seminars, joint round tables, and communications in the course of inspections, as well as through the Economic and Social Council of the Republika Srpska which is a tripartite body entrusted, among other things, with reviewing the reports on the work of the labour inspection system. The Committee requests the Government to indicate any measures taken or envisaged to promote collaboration specifically in relation to agricultural undertakings between officials of the labour inspectorate and employers and workers or their organizations and to give any examples of such collaboration, particularly in the light of the guidance provided in Paragraph 14 of Recommendation No. 133.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee takes note of the report of the Federal Administration for Inspection Affairs of the Federation of Bosnia and Herzegovina for 2008 and 2009 but notes that it has not been able to locate information in this report, particularly touching on labour inspection in agriculture. It also notes that no annual labour inspection report relating to the Republika Srpska and the Brcko District has been received. The Committee once again reminds the Government of the obligation to publish and communicate, under Article 26 of the Convention, an annual report containing information on the subjects set forth in Article 27. It invites the Government to refer, in this regard, to paragraphs 320–345 of its General Survey of 2006 on labour inspection and emphasizes the need for information, specifically concerning the working of the labour inspection system in agriculture, to be presented separately in the general report so that labour inspection in agriculture can be improved, if necessary, by the adoption of appropriate measures (paragraph 330 of the General Survey). The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged so as to collect statistics regarding the activities of the inspection services in agriculture and to ensure that the central inspection authority of each entity and the Brcko District discharges its obligations to publish and communicate to the Office an annual report on the work in agriculture of the services under their control, either as a separate report or as part of its general annual report on the activities of all the inspection services. It once again requests the Government to indicate any practical difficulties encountered in this regard and encourages it to ensure that the guidance contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), is taken into account in the preparation of such a report with regard to the level of detail of information required by Article 27 of the present Convention, particularly regarding inspection staff appointed to the agricultural sector; agricultural undertakings liable to inspection and the persons employed therein; statistics of inspection visits; violations reported and penalties imposed; and occupational accidents and cases of occupational disease, including their causes.

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The Committee notes the Government’s report received at the ILO in December 2006 for the June 1992–June 2006 period and also the report received in June 2008 for the June 2006–June 2008 period. It requests the Government to refer to its direct request of 2007, relating to the application of Convention No. 81, regarding the initial training of labour inspectors, criteria for determining the numbers of inspection staff in the two entities (Republika Srpska and the Federation of Bosnia and Herzegovina) and transport facilities available to labour inspectors, and to provide information in its report relating to the application of the present Convention of particular relevance to the labour inspection system in agricultural undertakings. The Committee would also like to draw the Government’s attention to the fact that its reports on the application of the Convention must contain information on the manner in which effect is given to the provisions of the Convention both in law and in practice, to enable it to evaluate the working of the inspection system in agriculture. It would be grateful if the Government would supply specific information on the agricultural sector with regard to the following points.

Articles 6, paragraphs 1(a), (b) and (c), and 2 of the Convention. Enforcement, prevention and improvement of the legislation relating to occupational safety and health in agricultural undertakings. Activities concerning the conditions of life of workers. Noting the information supplied by the Government on the legal provisions applicable to the work of labour inspectors, the Committee requests the Government to provide as detailed information as possible on the nature and volume of inspection activities (reports, notices, prosecutions, etc.) and prevention activities (information and technical advice) carried out by labour inspectors in agricultural undertakings, particularly those intended to ensure the protection of workers exposed to hazards connected with the use of chemical products or complex plant or machinery. The Committee also requests the Government to describe the procedures by which the inspection services draw the attention of the competent authority to any gaps in the legislation relating to conditions of life and work in agricultural undertakings, and would be grateful if the Government would give examples, as far as possible, of how the legislation has been supplemented in this way.

Article 9, paragraph 3. Adequate initial and further training for labour inspectors in agriculture. The Committee requests the Government to supply detailed information on specific initial and further training activities for labour inspectors in agriculture (content, duration, frequency, number of participants).

Articles 11 and 12. Cooperation between the labour inspection services in agriculture and duly qualified technical experts and specialists, government services and public institutions. The Committee notes the Government’s statement to the effect that the inspection services are obliged to cooperate with other state bodies or services to ensure effective enforcement of the regulations, the report received in 2008 stating that, under the inspection legislation of the entities and Brcko District, this cooperation is undertaken with “authorized institutions” which are empowered to perform tasks requiring technical expertise and equipment. The Government also points out that other state employees may be recruited to assist labour inspectors in carrying out inspections and resolving certain issues. While noting this general information on the applicable legislation, the Committee would be grateful if the Government would indicate the procedures by which such cooperation in agriculture is implemented in practice throughout the territory, giving specific recent examples, if applicable.

Article 13. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee requests the Government to indicate the measures taken to promote collaboration between officials of the labour inspectorate who perform their duties in agricultural undertakings and employers and workers or their organizations, where such exist. The Government is also requested to give recent examples, if possible, of such collaboration, particularly in the light of the guidance provided in Paragraph 14 of Recommendation No. 133.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. In the report received in 2008, the Government indicates that the labour administration does not have any statistics available. However, according to the Government’s previous report, the inspection authorities are required to submit an annual report on their work to the governments of the entities, cantons and Brcko District. Noting that such reports have not been received at the ILO, the Committee reminds the Government of the obligation to publish and communicate, under Article 26 of the Convention, an annual report containing information on the subjects set forth in Article 27. It invites the Government to refer in this regard to paragraphs 320–345 of its General Survey of 2006 on labour inspection and emphasizes the need for information specifically concerning the working of the labour inspection system in agriculture to be presented separately in a general report so that labour inspection in agriculture can be improved if necessary by the adoption of appropriate measures (paragraph 330 of the General Survey). The Committee therefore requests the Government to take the necessary measures as soon as possible to collect statistics regarding the working of the inspection services in agriculture and to ensure that the central inspection authority of each entity and Brcko District discharges its obligations to publish and communicate to the Office an annual report on the work in agriculture of the services under their control, either as a separate report or as part of its general annual report on the activities of all the inspection services. It also requests the Government to indicate any practical difficulties encountered and encourages it to ensure that the guidance contained in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), is taken into account in the preparation of such a report with regard to the level of detail of information required by Article 27 of the present Convention, particularly regarding inspection staff appointed to the agricultural sector, agricultural undertakings liable to inspection and the persons employed therein, statistics of inspection visits, violations reported and penalties imposed, and occupational accidents and cases of occupational disease, including their causes.