Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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.