Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the Government’s first report.

The Committee is awaiting the translation of the following texts: Law on Employees’ Councils of Republika Srpska (No. 649 of 7 June 2001); General Collective Agreement of the Republika Srpska (Official Gazette of the Republika Srpska, No. 27/06); Labour Code and Law on changes and amendments to the Labour Code of Brcko District (Official Gazette of Brcko District of BiH, No. 7/00 and 33/04) in order to examine their conformity to the provisions of the Convention.

Article 1 of the Convention. The Committee notes that sections 5 and 10 of the Labour Law of the Federation of Bosnia and Herzegovina as well as section 5 of the Labour Law of the Republika Srpska establish a prohibition of acts of discrimination by reason of trade union membership and allows grievances in this regard to be brought before the courts which may order appropriate remedies.

The Committee also recalls, however, that in its 2005 direct request under Convention No. 98, it has taken note of comments communicated by the Confederation of Independent Trade Unions of Bosnia and Herzegovina (CITU BiH) and the Confederation of Trade Unions of the Republika Srpska (CTURS), with regard to dismissals of trade union representatives without the mandatory approval from the Federal Ministry of Labour; the workers’ organizations mention that although the Labour Law contains provisions on the prohibition of discrimination, it is impossible to prove the breaches of these provisions at court because discrimination often takes place in a hidden manner.

The Committee takes due note of the Government’s observations in this regard, communicated in its report under Convention No. 135, to the effect that although the administration pays due attention to the protection of workers’ representatives, it is sometimes difficult to differentiate between cases of dismissal due to violations of obligations at work, or due to the performance of the workers’ representative function.

While noting that the issue is being treated under Convention No. 98, the Committee recalls that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials and workers’ representatives because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representative in full freedom.

The Committee requests the Government to specify the provisions in the Labour Law which provide that the dismissal of workers’ representatives shall be subject to approval by the Federal Ministry of Labour, as indicated by the CITU BiH and CTURS in their comments. Moreover, while the Labour Code and Law on changes and amendments to the Labour Code of Brcko District (Official Gazette of Brcko District of BiH, No. 7/00 and 33/04) is being translated, it also requests the Government to specify the provisions which afford protection against anti-union discrimination to workers’ representatives in the Brcko District.

Article 2. The Committee notes with interest the numerous facilities provided to workers’ representatives according to the Government in the Federation of Bosnia and Herzegovina (time off from work, right to return to work after end of mandate, right to compensation of salary and premises, administrative and technical support for the performance of trade union representative functions). The Committee requests the Government to specify the legal texts on the basis of which these facilities are provided (e.g. law, collective agreement etc.) in the Federation of Bosnia and Herzegovina. In this regard, the Committee requests the Government to provide a copy of the General Collective Agreement for the territory of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation BiH, No. 54/05).

Moreover, while the general collective agreement of Republika Srpska (Official Gazette of the Republika Srpska, No. 27/06) is being translated, the Committee requests the Government to provide information on the legislative or other provisions which give effect to Article 2 of the Convention in the Republika Srpska and the Brcko District.

Articles 3, 4 and 5. The Committee takes note of the provisions of the Law on Employees’ Councils of the Federation of Bosnia and Herzegovina No. 38 of 2004. While the Law on Employees’ Councils of the Republika Srpska (No. 649 of 7 June 2001) is being translated, the Committee requests the Government to provide information on the provisions which give effect to the provisions of Articles 3, 4 and 5 of the Convention in the Republika Srpska and Brcko District.