ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1) and (2) of the Convention. Definition of “industrial undertaking”. Federation of Bosnia and Herzegovina (FBiH). The Committee previously noted that the Labour Law of the FBiH No. 62 of 2015 (Labour Law of the FBiH, 2015) prohibits minors from performing particularly hard manual labour, underground or underwater works, or other jobs, which could have a harmful effect or pose increased risks to their life and health, development or morality, given their psychological and physical capacities (section 57(1)). In addition, section 42(1) of the Labour Law of the FBiH, 2015 prohibits night work of minors, and section 42(2) states that for minors employed in industry, “night work” includes work between 7 p.m. and 7 a.m. According to section 42(5), the Federal Minister of Labour and Social Policy shall prescribe the activities considered to be industrial in terms of night work for minors by virtue of a Rulebook.
The Committee notes with regret the Government’s reply in its report that the Rulebook, pursuant to section 42(5) of the Labour Law of the FBiH, 2015, has not been adopted yet. The Committee also takes note of the Government’s intention to harmonize the national legislation with the Convention on this point. The Committee therefore once again expresses the firm hope that a Rulebook, prescribing the activities considered as industrial for night work for minors and which will take into account the compliance with Article 1(1) and (2) of the Convention will be adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard.
Brčko District. The Committee previously noted the Government’s statement that in the Brčko District, activities that fall under the term “industrial undertakings” are regulated by collective agreements based on the laws regulating agricultural, commercial and other activities and which determine the boundary that separates industry from other activities. The Committee requested the Government to clarify whether the classification by collective agreement in the Brčko District includes all the activities mentioned under Article 1(1) of the Convention, in particular activities related to mining and quarrying.
The Committee notes an absence of information in the Government’s report in this respect. The Committee observes, however, that section 2(a) of the new Labour Law of the Brčko District No. 34/19 of 2019 (the Labour Law of the Brčko District, 2019) defines the term “employer” as a domestic or foreign legal entity or entrepreneur who employs persons in accordance with the Labour Law. The Committee observes therefore that an employer is determined regardless of the business performed and that the prohibition on night work of young persons under the age of 18 years set out by section 57(1) of the Labour Law of the Brčko District, 2019 is applied in industry and in other branches of business activities. The Committee further observes that the Classification of Activities in Bosnia and Herzegovina of 8 June, 2010 (KD BIH 2010) includes the activities established by Article 1(1) of the Convention.
Articles 2(1) and 3(1) of the Convention. Period during which night work is prohibited for persons under 18 years. Republika Srpska. The Committee previously noted that section 72(1) of the Labour Law of the Republika Srpska, 2015, read in conjunction with section 70(2), prohibits the night work of young persons under the age of 18 years between 7 p.m. and 6 a.m., that is for a period of 11 consecutive hours, which is inconsistent with Article 2(1) of the Convention. The Committee recalled that Article 2(1) of the Convention, read in conjunction with Article 3(1), stipulates that the prohibition on night work of young persons under the age of 18 years shall constitute a period of at least 12 consecutive hours.
The Committee notes with regret the indication by the Government, according to which there were no changes during the reporting period in this respect. The Committee once again requests the Government to take the necessary measures to bring the Labour Law of the Republika Srpska, 2015 into line with Articles 2(1) and 3(1) of the Convention thereby prohibiting night work of a period of at least 12 consecutive hours for young persons under the age of 18 years.
Articles 4(2) and 5. Exemptions from the prohibition of night work of persons of 16–18 years of age in case of emergencies. FBiH, Republika Srpska and Brčko District. The Committee previously noted with regret that the Labour Law of the FBiH, 2015 and the Labour Law of the Republika Srpska, 2015 had not taken into account the Committee’s comments related to the age of young persons for whom temporary exceptions from the prohibition of night work in case of emergencies may be granted, according to Articles 4(2) and 5 of the Convention. In particular, the Committee observed that the exceptions from the prohibition of night work under section 42(4) of the Labour Law of the FBiH, 2015 refer to minor employees (between 15 and 18 years of age), and under section 72(2) of the Labour Law of the Republika Srpska, 2015, apply to workers younger than 18 years of age. In addition, the Committee noted that section 28(3) of the Labour Law of the Brčko District No. 19/06 of 2006 exempted temporarily minor employees (between 15 and 18 years of age) from night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. The Committee recalled that pursuant to Articles 4(2) and 5 of the Convention, the prohibition of night work shall not apply or may be suspended only with regard to young persons between the ages of 16 and 18 years in case of emergencies.
The Committee notes with regret that the new Labour Law of the Brčko District, 2019 did not take into account the Committee’s comments on this matter. In particular, section 57(2) of the Labour Law of the Brčko District, 2019 allows minor employees under the age of 18 years to be temporarily exempted from the prohibition of night work in the event of elimination of the consequences of force majeure and accidents or for the purpose of protection of general interests, based on the approval of the labor inspector. The Committee further notes the indication by the Government that the Committee’s comments will be taken into consideration during the next review of the Labour Law of the FBiH, 2015. The Government also indicates that in the Republika Srpska and the Brčko District, there were no cases of the work carried out at night by young persons under 18 years of age in case of emergencies. The Committee once again requests the Governments of the FBiH, the Republika Srpska and the Brčko District to take the necessary measures to ensure that the exemption on the prohibition of night work shall be applicable only to children between the ages of 16 and 18 years in accordance with Article 4(2) in case of emergencies which could not have been controlled or foreseen or suspended in accordance with Article 5 when in case of serious emergency, the public interest demands it. The Committee requests the Government to provide information on any measures taken in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1) and (2) of the Convention. Definition of “industrial undertaking”. Federation of Bosnia and Herzegovina (Federation of BiH). The Committee had previously noted that the Labour Law of the Federation of BiH, does not provide for a definition of the term “industrial undertaking”. It noted the Government’s indication that, industrial enterprises in terms of the Labour Law and the Law on Occupational Protection of the Federation of BiH refer to those industries properly registered for one of the industrial activities in accordance with the Classification of Activities in Bosnia and Herzegovina. Noting that the activities related to agriculture, mining and quarrying appears to be classified separately from that of the classification of industry, the Committee requested the Government to indicate how the protection guaranteed by this Convention is afforded to minors employed in activities related to mining and quarrying.
The Committee notes the Government’s indication that the new Labour Law of the Federation of BiH No. 62 of 2015 (Labour Law of FBiH, 2015) prohibits minors from performing particularly hard manual labour, underground or underwater works, or other jobs, which could have a harmful effect or pose increased risks to their life and health, development or morality, given their psychological and physical capacities (section 57(1)). Section 57(3) of the Labour Law authorizes the labour inspectors to prohibit the employment of minors on such works. The Government further refers to section 42(5) of the Labour Law of 2015 which states that the Federal Minister of Labour and Social Policy shall prescribe the activities considered to be industrial in terms of night work for minors by virtue of a Rulebook. The Committee expresses the firm hope that a Rulebook, prescribing the activities considered as industrial for night work for minors and which will take into account the compliance with the provisions of the Convention will be adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard.
Republika Srpska. The Committee previously noted that there is no definition of the term “industrial undertaking” and that the separation of companies and their classification is arranged in accordance with the Classification of the Register of Activities by Industry which is fully compliant with EU Regulation No. 1893/2006. The Committee requested the Government to clarify whether such classification includes all the activities mentioned under Article 1(1) of the Convention, in particular activities related to mining and quarrying.
The Committee notes that the Government’s report does not contain a response to this point. It observes, however, that according to section 103 of the new Labour Law of Republika Srpska, 2015, young persons under the age of 18 years are prohibited from being employed for high risk work involving difficult physical activities or works that are performed underground or underwater or any other activities with an increased risk to their life, health and physical and psychological development.
District of Brčko. The Committee previously noted the Government’s statement that in the District of Brčko, activities that fall under the term “industrial undertakings” are regulated by collective agreements concluded based on the laws regulating agricultural, commercial and other activities and which determines the boundary that separates industry from other activities. Noting the absence of information in the Government’s report, the Committee once again requests the Government to clarify whether the classification by collective agreement in the District of Brčko include all the activities mentioned under Article 1(1) of the Convention, in particular activities related to mining and quarrying.
Articles 2(1) and 3(1) of the Convention Period during which night work is prohibited for persons under 18 years. Republika Srpska. The Committee notes that section 72(1) of the new Labour Law of 2015 of the Republika Srpska read in conjunction with section 70(2) prohibits the night work of young persons under the age of 18 years between 7 p.m. and 6 a.m., that is for a period of 11 consecutive hours, which is inconsistent with Article 2(1) of the Convention. The Committee recalls that Article 2(1) of the Convention read in conjunction with Article 3(1) of the Convention stipulates that the prohibition on night work of young persons under the age of 18 years shall constitute a period of at least 12 consecutive hours. The Committee therefore requests the Government to take the necessary measures to bring the Labour Law into line with Articles 2(1) and 3(1) of the Convention thereby prohibiting night work of a period of at least 12 consecutive hours for young persons under the age of 18 years.
Articles 4(2) and 5. Night work of persons of 16–18 years of age in case of emergencies and suspension of the prohibition of night work for serious emergency. Federation of BiH, Republika Srpska and District of Brčko. In its previous comments, the Committee noted that, section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina and section 28(3) of the Labour Law of the District of Brčko exempted temporarily, minor employees (between 15 and 18 years of age) from night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. It also noted that section 46 of the Labour Law of the Republika Srpska provided similar exception to workers under the age of 18 years. The Committee noted with interest the Government’s indication that draft amendments to the Labour Law of the Federation of BiH contain provisions exempting minor workers from 16 to 18 years of age, from the prohibition of night work in case of accidents, acts of God, and to protect the interest of the country, with the prior consent of the competent authorities of the district.
The Committee notes with regret that the Labour Law of FBiH, 2015 and the Labour Law of the Republika Srpska, 2015 did not take into account the Committee’s comments related to the age of young persons for whom temporary exceptions from the prohibition of night work may be granted, according to the provisions of the Convention. It observes that the exceptions from the prohibition of night work under section 42(4) of the Labour Law of FbiH, 2015 refer to minor employees, and under section 72(2) of the Labour Law of the Republika Srpska, 2015, apply to workers younger than 18 years of age. The Committee therefore once again recalls that pursuant to Article 4(2) and Article 5, of the Convention, the prohibition of night work shall not apply or may be suspended only with regard to young persons between the ages of 16 and 18 years in case of emergencies. The Committee therefore requests the Governments of the Federation of BiH, the Republika Srpska and the District of Brčko to take the necessary measures to ensure that the exemption on the prohibition of night work shall be applicable only to children between the ages of 16 and 18 years in accordance with Article 4(2) in case of emergencies which could not have been controlled or foreseen or suspended in accordance with Article 5 when in case of serious emergency the public interest demands it. The Committee requests the Government to provide information on any measures taken in this regard.
Article 6(1)(e). Keeping of registers. Republika Srpska. In its previous comments, the Committee requested the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6(1)(e) of the Convention.
The Committee notes an absence of information in the Government’s report on this point. The Committee notes, however, from its comments made in 2009 under the Minimum Age Convention, 1973 (No. 138) in which it noted the Government’s indication that the Instruction on the Working Record Books (Official Bulletin of the Republika Srpska, No. 22/96) regulates the entry of data into the working record book, including the date, month and date of birth of all the employees.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1) and (2) of the Convention. Definition of “industrial undertaking”. Federation of Bosnia and Herzegovina (Federation of BiH). The Committee had previously noted that the Labour Law of the Federation of BiH, does not provide for a definition of the term “industrial undertaking”. The Committee notes the Government’s indication that, industrial enterprises in terms of the Labour Law and the Law on Occupational Protection of the Federation of BiH refer to those industries properly registered for one of the industrial activities in accordance with the Classification of Activities in Bosnia and Herzegovina. The Committee notes that Part-D of this document lists different activities which fall under the classification of industry, while agricultural related activities are classified separately. The Committee notes, however, that activities related to mining and quarrying appears to be classified separately under Part-C from that of the classification of industry. The Committee recalls that pursuant to Article 1(1) of the Convention, the term “industrial undertaking” includes particularly mines, quarries and other works for the extraction of minerals. The Committee therefore requests the Government to indicate how the protection guaranteed by this Convention is afforded to minors employed in activities related to mining and quarrying.
Republika Srpska and the District of Brcko. The Committee notes the Government’s indication that with regard to the Republika Srpska, although there is no definition of the term “industrial undertaking”, the separation of companies and their classification is arranged in accordance with the Classification of the Register of Activities by Industry which is fully compliant with EU Regulation No. 1893/2006 of the European Parliament of the Council of 20 December 2006 establishing the statistical classification of economic activities. It also notes the Government’s statement that in the District of Brcko activities that fall under the term industrial undertakings are regulated by collective agreements concluded based on the laws regulating agricultural, commercial and other activities and which determines the boundary that separates industry from other activities. The Committee requests the Government to clarify whether the classification of industry under the Classification of the Register of Activities of Republika Srpska, as well as the classification by collective agreement in the District of Brcko include all the activities mentioned under Article 1(1) of the Convention, in particular activities related to mining and quarrying.
Articles 4(2) and 5. Night work of persons of 16–18 years of age in case of emergencies and suspension of the prohibition of night work for serious emergency. Federation of BiH. The Committee had previously noted that, pursuant to section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, exceptionally, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. Recalling that pursuant to Article 4(2) and Article 5, of the Convention, the prohibition of night work shall not apply or may be suspended only with regard to young persons between the ages of 16 and 18 years in case of emergencies, the Committee had requested the Government to indicate the measures taken or envisaged to bring the legislation of the Federation of Bosnia and Herzegovina into conformity with the Convention.
The Committee notes with interest the Government’s indication that according to section 40(4) of the draft amendments prepared to the Labour Law, in exceptional cases, minor workers from 16 to 18 years of age, may be temporarily exempted from the prohibition of night work in case of accidents, acts of God, and to protect the interest of the country, with the prior consent of the competent authorities of the district. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the amendments to the Labour Code are adopted in the near future. It requests the Government to supply a copy thereof once it has been adopted.
Republika Srpska. The Committee notes that section 46 of the Labour Law of the Republika Srpska provides that, as an exception, workers under 18 years of age may be temporarily exempted from the prohibition of work at night in case of the elimination of consequences of force majeure and machine breakdowns, and protection of the interests of the Republika Srpska, on the basis of the consent of the labour inspector in charge. The Committee notes the Government’s statement that it has taken note of the comments made by the Committee with regard to section 46 of the Labour Code. The Committee expresses the hope that the Government of the Republika Srpska will take the necessary measures to ensure that the exemption on the prohibition of night work shall be applicable only to children between the ages of 16 and 18 years in accordance with Article 4(2) in case of emergencies which could not have been controlled or foreseen or suspended in accordance with Article 5 when in case of serious emergency the public interest demands it. The Committee requests the Government to provide information on any measures taken in this regard.
District of Brcko. The Committee had previously noted that section 28(3) of the Labour Law of the District of Brcko provides for exceptions from the prohibition of night work by minors in case of accidents, force majeure, and for extraordinary circumstances with the consent of the labour inspector. The Committee notes that a “minor” as defined under section 2 of the Labour Code refers to a child between 15 to 18 years of age. The Committee requests the Government to take the necessary measures to ensure that exemptions as provided by Articles 4(2) and 5 of the Convention apply only to children between the ages of 16 and 18 years. It requests the Government to provide information on the measures taken in this regard.
Article 6(1)(e). Keeping of registers. Federation of BiH. The Committee had previously noted that sections 133–135 of the Labour Law of the Federation of BiH provide for the keeping of a work record card, the content of which shall be determined by a regulation of the Federal Minister. The Committee notes that the Regulation on Workbook No. 42/00 and 53/00 issued pursuant to section 133 of the Labour Law of the Federation of BiH stipulates the form, content, (including name, date of birth, and address of the employee), issuing procedure, data entering methods and keeping of such records for inspection.
Republika Srpska. The Committee had previously noted that sections 145–148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information regarding the system of work booklets applicable under the Labour Law of the Republika Srpska. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6(1)(e) of the Convention.
District of Brcko. The Committee notes that sections 106–108 of the Labour Law (Brcko) provide for keeping a labour booklet. With regard to the obligation of the employer to keep records, the Committee notes the Government’s reference to section 35 of the Law on Inspection of Brcko District, which states that during inspections, the inspectors shall require the employer to produce such records and documents necessary for supervision, including the labour booklet of employees.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which reads as follows:

Article 1, paragraphs 1 and 2, of the Convention. Definition of “industrial undertaking”. The Committee notes the Government’s indication  that the general regulations in Bosnia and Herzegovina (labour laws and safety at work laws) particularly address the industrial enterprises and determine differently what time shall be deemed night work for under age workers in industry in comparison to other activities. However, the Government’s report contains no information on the definition of the term “industrial undertaking” and on the line of division which separates industry from agriculture, commerce and other non-industrial occupations. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko do not appear to provide for the definition of the term “industrial undertaking”. The Committee therefore requests the Government to provide information on the definition of the term “industrial undertaking” and to supply copies of the relevant legislation.

Article 4, paragraph 2. Night work of persons of 16 to 18 years of age in case of emergencies. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, exceptionally, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. The Committee reminds the Government that, pursuant to Article 4, paragraph 2, of the Convention, the prohibition of night work contained in Articles 2 and 3, shall not apply to the night work of young persons between the ages of 16 and 18 years in case of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking. The Committee requests the Government to indicate the measures taken or envisaged to bring the legislation of the Federation of Bosnia and Herzegovina into conformity with the Convention, in order to allow night work in exceptional cases of force majeure only for persons between 16 and 18 years of age. The Committee also asks the Government to provide information on the procedure for granting consent of the competent authority of the canton for night work of young persons.

2. Republika Srpska. The Committee notes that section 46 of the Labour Law of the Republika Srpska provides that, as an exception in lieu, workers under 18 years of age may be temporarily exempted from the prohibition of work at night in case of the elimination of consequences of force majeure and machine breakdowns, on the basis of the consent of the labour inspector in charge. The Committee recalls that under Article 4, paragraph 2, of the Convention, only the night work of young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the Republika Srpska into conformity with the Convention on this point. It also asks the Government to provide information on the procedure for granting consent of the labour inspector in charge for night work of young persons.

3. District of Brcko. The Committee notes that section 28(3) of the  Labour Law (Brcko) contains provisions similar to those of the labour laws of the Federation of Bosnia and Herzegovina and the Republika Srpska. It recalls that under Article 4, paragraph 2, of the Convention, the night work of only young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the District of Brcko into conformity with the Convention. It also asks the Government to provide information on the procedure for granting consent for night work of young persons.

Article 5. Suspension of the prohibition of night work for serious emergency. The Committee notes the Government’s indication that during the war in Bosnia and Herzegovina in the period from 1992–95, there was a special regime of work for citizens, which did not exclude the possibility for under age persons between 16 and 18 years of age to be engaged in night work for the sake of public interest. The Government also indicates that the statistical data on any such engagement do not exist. The Committee notes, however, that under the terms of section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of protection of interests of the Federation. It also notes that section 46 of the Labour Law of the Republika Srpska and section 28(3) of the Labour Law of the District of Brcko contain similar provisions. The Committee recalls that, under the terms of Article 5, the prohibition of night work may be suspended by the Government, for young persons between the ages of 16 and 18 years, when in case of serious emergency the public interest demands it. The Committee requests the Government to indicate the measures taken or envisaged to prevent persons under the age of 16 years from performing night work in case of emergencies, when the public interest demands it.

Article 6. Paragraph 1(d). Inspection. The Committee notes the Government’s statement that supervision over the legality of work in terms of the application of laws and regulations in this area shall be performed by the ministries and services in charge. The Government also indicates that the inspection supervision over the implementation of laws and international treaties in the labour and employment area is conducted by the labour inspections. The scope of work and organization of the labour inspections is defined by the Laws on Administration and Laws on Labour Inspection. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko provide for the supervision of the labour legislation by the labour inspection. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports, in particular, information on the number of contraventions reported with regard to the prohibition of night work for persons under the age of 18.

Paragraph 1(e). Registers. 1. Federation of Bosnia and Herzegovina. The Committee notes that sections 133–135 of the Labour Law of  the Federation of Bosnia and Herzegovina provide for the keeping of a work record card, the content of which shall be determined by a regulation of the Federal Minister. On the first day of his/her employment, the employee shall submit his/her work record card to the employer. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Law of the Federation of Bosnia and Herzegovina and the manner in which it is applied in practice. In particular, it requests the Government to indicate whether a work card or the registry book contain the names and ages or dates of birth of persons under the age of 18, as required by Article 6, paragraph 1(e), of the Convention.

2. Republika Srpska. The Committee notes that sections 145–148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

3. District of Brcko. The Committee notes that sections 106–108 of the Labour Law (Brcko) provide for keeping a labour booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Law of the District of Brcko. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraphs 1 and 2, of the Convention. Definition of “industrial undertaking”. The Committee notes the Government’s indication that the general regulations in Bosnia and Herzegovina (labour laws and safety at work laws) particularly address the industrial enterprises and determine differently what time shall be deemed night work for under age workers in industry in comparison to other activities. However, the Government’s report contains no information on the definition of the term “industrial undertaking” and on the line of division which separates industry from agriculture, commerce and other non-industrial occupations. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko do not appear to provide for the definition of the term “industrial undertaking”. The Committee therefore requests the Government to provide information on the definition of the term “industrial undertaking” and to supply copies of the relevant legislation.

Article 4, paragraph 2. Night work of persons of 16 to 18 years of age in case of emergencies. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, exceptionally, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. The Committee reminds the Government that, pursuant to Article 4, paragraph 2, of the Convention, the prohibition of night work contained in Articles 2 and 3, shall not apply to the night work of young persons between the ages of 16 and 18 years in case of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking. The Committee requests the Government to indicate the measures taken or envisaged to bring the legislation of the Federation of Bosnia and Herzegovina into conformity with the Convention, in order to allow night work in exceptional cases of force majeure only for persons between 16 and 18 years of age. The Committee also asks the Government to provide information on the procedure for granting consent of the competent authority of the canton for night work of young persons.

2. Republika Srpska. The Committee notes that section 46 of the Labour Law of the Republika Srpska provides that, as an exception in lieu, workers under 18 years of age may be temporarily exempted from the prohibition of work at night in case of the elimination of consequences of force majeure and machine breakdowns, on the basis of the consent of the labour inspector in charge. The Committee recalls that under Article 4, paragraph 2, of the Convention, only the night work of young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the Republika Srpska into conformity with the Convention on this point. It also asks the Government to provide information on the procedure for granting consent of the labour inspector in charge for night work of young persons.

3. District of Brcko. The Committee notes that section 28(3) of the Labour Law (Brcko) contains provisions similar to those of the labour laws of the Federation of Bosnia and Herzegovina and the Republika Srpska. It recalls that under Article 4, paragraph 2, of the Convention, the night work of only young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the District of Brcko into conformity with the Convention. It also asks the Government to provide information on the procedure for granting consent for night work of young persons.

Article 5. Suspension of the prohibition of night work for serious emergency. The Committee notes the Government’s indication that during the war in Bosnia and Herzegovina in the period from 1992-95, there was a special regime of work for citizens, which did not exclude the possibility for under age persons between 16 and 18 years of age to be engaged in night work for the sake of public interest. The Government also indicates that the statistical data on any such engagement do not exist. The Committee notes, however, that under the terms of section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of protection of interests of the Federation. It also notes that section 46 of the Labour Law of the Republika Srpska and section 28(3) of the Labour Law of the District of Brcko contain similar provisions. The Committee recalls that, under the terms of Article 5, the prohibition of night work may be suspended by the Government, for young persons between the ages of 16 and 18 years, when in case of serious emergency the public interest demands it. The Committee requests the Government to indicate the measures taken or envisaged to prevent persons under the age of 16 years from performing night work in case of emergencies, when the public interest demands it.

Article 6, Paragraph 1(d). Inspection. The Committee notes the Government’s statement that supervision over the legality of work in terms of the application of laws and regulations in this area shall be performed by the ministries and services in charge. The Government also indicates that the inspection supervision over the implementation of laws and international treaties in the labour and employment area is conducted by the labour inspections. The scope of work and organization of the labour inspections is defined by the Laws on Administration and Laws on Labour Inspection. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko provide for the supervision of the labour legislation by the labour inspection. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports, in particular, information on the number of contraventions reported with regard to the prohibition of night work for persons under the age of 18.

Paragraph 1(e). Registers. 1. Federation of Bosnia and Herzegovina. The Committee notes that sections 133-135 of the Labour Law of the Federation of Bosnia and Herzegovina provide for the keeping of a work record card, the content of which shall be determined by a regulation of the Federal Minister. On the first day of his/her employment, the employee shall submit his/her work record card to the employer. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Law of the Federation of Bosnia and Herzegovina and the manner in which it is applied in practice. In particular, it requests the Government to indicate whether a work card or the registry book contain the names and ages or dates of birth of persons under the age of 18, as required by Article 6, paragraph 1(e), of the Convention.

2. Republika Srpska. The Committee notes that sections 145-148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

3. District of Brcko. The Committee notes that sections 106-108 of the Labour Law (Brcko) provide for keeping a labour booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Law of the District of Brcko. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1, paragraphs 1 and 2, of the Convention. Definition of "industrial undertaking". The Committee notes the Government’s indication that the general regulations in Bosnia and Herzegovina (labour laws and safety at work laws) particularly address the industrial enterprises and determine differently what time shall be deemed night work for under age workers in industry in comparison to other activities. However, the Government’s report contains no information on the definition of the term "industrial undertaking" and on the line of division which separates industry from agriculture, commerce and other non-industrial occupations. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko do not appear to provide for the definition of the term "industrial undertaking". The Committee therefore requests the Government to provide information on the definition of the term "industrial undertaking" and to supply copies of the relevant legislation.

Article 2, paragraphs 1 and 2. Night work. 1. Federation of Bosnia and Herzegovina. The Committee notes that, according to section 34 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, work in the period between 10 p.m. and 6 a.m. of the following day shall be considered night work. It also notes that, under section 36 of the Labour Law, for minor employees in industry, work during the period of 7 p.m. and 7 a.m. of the next day, shall be considered night work. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that, pursuant to section 45 of the Labour Law of the Republika Srpska of 2000, the work between 10 p.m. and 6 a.m. of the following day shall be deemed night work. For workers under 18 years of age, night work in industry is considered the work between 7 p.m. and 7 a.m. of the following day. The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 27 of the Labour Law of the District of Brcko of 2000 defines night work as the work between 10 p.m. and 6 a.m. of the following day. Section 28(2) further provides that night work of minors in industry is considered the work between 7 p.m. and 7 a.m. of the following day. The Committee takes due note of this information.

Article 3, paragraph 1. Prohibition of night work for persons under 18 years of age in industrial undertakings. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 36 of the Labour Law of the Federation of Bosnia and Herzegovina prohibits night work of minor employees (defined in section 15 as persons between the age of 15 and 18). The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that, according to section 46 of the Labour Law of the Republika Srpska, night work shall not be allowed to workers under 18 years of age. It takes due note of this information.

3. District of Brcko. The Committee notes that section 28 of the Labour Law (Brcko) prohibits night work for persons aged 15-18 years. It takes due note of this information.

Paragraphs 2 and 3. Night work of persons of 16-18 years of age for the purposes of apprenticeship or vocational training and rest period for such persons. The Committee notes the Government’s indication that the national legislation does not permit any work (either apprenticeship or expert training work) performed by persons aged 16 to 18 in the time which is deemed to be night work. It also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko do not contain any provisions with regard to night work of persons of 16-18 years of age. The Committee takes note of this information.

Article 4, paragraph 2. Night work of persons of 16 to 18 years of age in case of emergencies. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, exceptionally, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of major breakdowns and force majeure, based on the approval of the competent authority of the canton. The Committee reminds the Government that, pursuant to Article 4, paragraph 2, of the Convention, the prohibition of night work contained in Articles 2 and 3, shall not apply to the night work of young persons between the ages of 16 and 18 years in case of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking. The Committee requests the Government to indicate the measures taken or envisaged to bring the legislation of the Federation of Bosnia and Herzegovina into conformity with the Convention, in order to allow night work in exceptional cases of force majeure only for persons between 16 and 18 years of age. The Committee also asks the Government to provide information on the procedure for granting consent of the competent authority of the canton for night work of young persons.

2. Republika Srpska. The Committee notes that section 46 of the Labour Law of the Republika Srpska provides that, as an exception in lieu, workers under 18 years of age may be temporarily exempted from the prohibition of work at night in case of the elimination of consequences of force majeure and machine breakdowns, on the basis of the consent of the labour inspector in charge. The Committee recalls that under Article 4, paragraph 2, of the Convention, only the night work of young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the Republika Srpska into conformity with the Convention on this point. It also asks the Government to provide information on the procedure for granting consent of the labour inspector in charge for night work of young persons.

3. District of Brcko. The Committee notes that section 28(3) of the Labour Law (Brcko) contains provisions similar to those of the labour laws of the Federation of Bosnia and Herzegovina and the Republika Srpska. It recalls that under Article 4, paragraph 2, of the Convention, the night work of only young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the District of Brcko into conformity with the Convention. It also asks the Government to provide information on the procedure for granting consent for night work of young persons.

Article 5. Suspension of the prohibition of night work for serious emergency. The Committee notes the Government’s indication that during the war in Bosnia and Herzegovina in the period from 1992-95, there was a special regime of work for citizens, which did not exclude the possibility for under age persons between 16 and 18 years of age to be engaged in night work for the sake of public interest. The Government also indicates that the statistical data on any such engagement do not exist. The Committee notes, however, that under the terms of section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of protection of interests of the Federation. It also notes that section 46 of the Labour Law of the Republika Srpska and section 28(3) of the Labour Law of the District of Brcko contain similar provisions. The Committee recalls that, under the terms of Article 5, the prohibition of night work may be suspended by the Government, for young persons between the ages of 16 and 18 years, when in case of serious emergency the public interest demands it. The Committee requests the Government to indicate the measures taken or envisaged to prevent persons under the age of 16 years from performing night work in case of emergencies, when the public interest demands it.

Article 6, paragraph 1(c). Penalties. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 140 of the Labour Law of the Federation of Bosnia and Herzegovina provides for a penalty of 1,000 to 10,000 convertible marks (KM) for various violations of the Law, inter alia, for ordering night work to a minor employee. Section 140 also provides that for any violation of the Labour Law provisions in respect of persons aged 15 to 18, the minimum and maximum penalty will be doubled. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that section 150 of the Labour Law of the Republika Srpska provides for fines of 2,000 to 15,000 KM for, inter alia, the violation of provisions prohibiting night work for an under aged worker. The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 111 of the Labour Law (Brcko) provides for a penalty of 1,000 to 7,000 KM for various violations of the labour legislation, inter alia, for violation of night work regulations. Subsection (2) of section 111 stipulates that for any violation of Labour Law provisions in respect of persons aged 15-18, the minimum and maximum penalty will be doubled. The Committee takes due note of this information.

Paragraph 1(d). Inspection. The Committee notes the Government’s statement that supervision over the legality of work in terms of the application of laws and regulations in this area shall be performed by the ministries and services in charge. The Government also indicates that the inspection supervision over the implementation of laws and international treaties in the labour and employment area is conducted by the labour inspections. The scope of work and organization of the labour inspections is defined by the Laws on Administration and Laws on Labour Inspection. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko provide for the supervision of the labour legislation by the labour inspection. The Committee requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports, in particular, information on the number of contraventions reported with regard to the prohibition of night work for persons under the age of 18.

Paragraph 1(e). Registers. 1. Federation of Bosnia and Herzegovina. The Committee notes that sections 133-135 of the Labour Law of the Federation of Bosnia and Herzegovina provide for the keeping of a work record card, the content of which shall be determined by a regulation of the Federal Minister. On the first day of his/her employment, the employee shall submit his/her work record card to the employer. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Law of the Federation of Bosnia and Herzegovina and the manner in which it is applied in practice. In particular, it requests the Government to indicate whether a work card or the registry book contain the names and ages or dates of birth of persons under the age of 18, as required by Article 6, paragraph 1(e), of the Convention.

2. Republika Srpska. The Committee notes that sections 145-148 of the Labour Law of the Republika Srpska stipulate that a worker must have a work booklet which shall be kept by the employer during the period of employment of the worker. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

3. District of Brcko. The Committee notes that sections 106-108 of the Labour Law (Brcko) provide for keeping a labour booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Law of the District of Brcko. It also requests the Government to indicate if every employer is required to keep a register or available records, showing the names and dates of birth of all persons under 18 years of age employed by him/her and such other pertinent information as may be required by the competent authority, as required by Article 6, paragraph 1(e), of the Convention.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer