Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio (revisado) sobre el trabajo nocturno de los menores (industria), 1948 (núm. 90) - Bosnia y Herzegovina (Ratificación : 1993)

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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.