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

Convenio sobre los trabajadores con responsabilidades familiares, 1981 (núm. 156) - Bosnia y Herzegovina (Ratificación : 1993)

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Article 1. Definitions. The Committee notes the Government’s indication that, in addition to section 46(2) of the Labour Law of the Federation of Bosnia and Herzegovina, the Family Law provides rights and duties of parents to support their children or other family members who need their care and assistance. With regard to section 60(2) of the Labour Law of the Republika Srpska, the Committee notes the Government’s indication that the definition of “family member” covers “dependent child” and “other family members who clearly need their care and support”.

Article 3. National policy. The Committee recalls its previous comments noting section 8 of the Gender Equality Law of 2003 which protects workers with family responsibilities against discrimination. It notes the Government’s indication that the Council of Ministers of Bosnia and Herzegovina adopted in September 2006 a Gender Action Plan as a five-year strategy of gender mainstreaming. The Committee once again asks the Government to provide information on the legal and practical measures taken at the federal level and the level of the entities to enable persons with family responsibilities to engage in employment without being discriminated against and to do so without conflict between their employment and family responsibilities, including the practical application of section 8 of the Gender Equality Law. It also asks the Government to provide information on the measures under the Gender Action Plan to give effect to the Convention, and the results achieved, as well as any activities promoted by the Gender Equality Agency according to the Gender Equality Law.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee recalls sections 55 to 62 of the Labour Law of the Federation of Bosnia and Herzegovina, which provide leave entitlements for workers with family responsibilities. In particular, it recalls section 56 of the Labour Law of the Federation of Bosnia and Herzegovina, which gives a father or adoptive parent entitlement to the right to maternity leave in the case of the death of the mother, abandonment of the child by the mother, or if she is prevented from using the rights for justified reasons. It also recalls the provisions of the Labour Law of the Federation of Bosnia and Herzegovina and the Labour Law of the Republika Srpska providing for paid leave of absence from work in the case of serious disease or the death of a family or household member, or the confinement of the spouse. It notes the Government’s indication that it has no statistics on the number of male and female workers with family responsibilities who take paid leave to take care of a child or other members of the family, because such records are not maintained and employers are not obliged to register and submit such records to the competent authorities. The Committee again asks the Government to indicate what would be considered “justified reasons” for the father or adoptive parent to be entitled to paid leave to take care of a child. It also asks the Government to provide information on any measures taken or envisaged towards collecting statistical information disaggregated by sex on the number of male and female workers with family responsibilities who have taken remunerated leave to care for a child. Please also provide information on any other measures taken to take account of the needs of workers with family responsibilities in the public and private sectors in terms of conditions of work and social security.

Article 5. Childcare and family services and facilities. The Committee notes the Government’s indication that the Law on Basic Social Protection, Protection of Civilian War Victims and Families with Children is to ensure that families, through benefits and other aid, are assisted in the raising, upbringing and care of children, and that 79 local agencies perform tasks related to social protection for families with children (57 social welfare centres and 22 agencies for social protection). Recalling the importance of ensuring that family services and facilities meet workers’ needs and preferences, the Committee asks the Government to clarify whether the social protection for families with children performed by local agencies is aiming at providing childcare facilities and services for workers with family responsibilities. It once again asks the Government to provide information on:

(i) the number of workers with family responsibilities making use of the existing child and family care institutions;
(ii) the number and age of children requiring care; and
(iii) whether the childcare facilities and social services meet the present demand for such facilities.

Article 6. Education for the public. The Committee notes the Government’s indication that the Gender Centre at the entity level and the Agency for Gender Equality at the federal level are in charge of gender-based research publishing brochures and information for the public. The Committee asks the Government to provide specific information on the action taken by the authorities including the Gender Centre and the Agency for Gender Equality in order to promote broader public understanding of various aspects of employment of workers with family responsibilities and the need for a more equitable sharing of family responsibilities between men and women. Please also provide information on the programmes undertaken to address stereotyping with respect to family responsibilities.

Article 7. Vocational guidance and training. The Committee notes the Government’s indication that the Labour Law of the Federation of Bosnia and Herzegovina ensures access of all employees (both men and women) to education, training and development for work based on their abilities and needs. Recalling the importance of improving the employment possibilities and job security of workers with family responsibilities through strengthening their occupational qualifications, the Committee asks the Government to provide information on any practical and legal measures taken or envisaged to take into account the specific needs of male and female workers with family responsibilities in order to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. The Committee recalls its previous comments asking the Government to provide information on any cases having been brought to the courts or to the Gender Equality Agency on the basis of section 8 of the Gender Equality Law regarding the use of family responsibilities as a ground of termination of employment. It notes the Government’s indication that there is no record that employers explicitly use family responsibilities as a basis for termination of employment, and workers may bring a challenge to the decision of the employer before a court if they suspect that the employer’s true motivation relates to family responsibilities. The Committee asks the Government to continue to provide information on any cases being brought to the courts or to the Gender Equality Agency on the basis of section 8 of the Gender Equality Law regarding the use of family responsibilities as a ground of termination of employment. Please also provide information on any other measures taken which explicitly protect male and female workers against dismissal on the ground of family responsibilities.

Article 11. The Committee notes the Government’s indication that, through participation in the Economic and Social Council sessions and non-governmental organization activities, employers’ and workers’ organizations participate in the drafting of measures aimed at the implementation of the provisions of the Convention. The Committee asks the Government to provide information on the specific measures taken to promote social dialogue and tripartite cooperation in order to strengthen the laws, measures and policies giving effect to the Convention, and continue to provide information on the manner in which workers’ and employers’ organizations have exercised their right to participate in the design and implementation of such measures.

Parts III–V of the report form. The Committee notes the Government’s general indication that supervision of the application of the Convention rests with the labour inspectorate and other competent bodies. The Committee once again asks the Government to provide more specific information on the supervisory authorities and enforcement mechanisms, including the labour inspectorate, which are involved in giving effect to the provisions of the Convention, as well as any administrative or judicial decisions or any complaints received by the Ministry of Human Rights and Refugees and the Gender Equality Agency relating to the application of the Convention. The Committee also asks the Government to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principles of the Convention are applied in practice, and how progress is being made to address existing inequalities between men and women workers with family responsibilities and between these workers and workers without family responsibilities.