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Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - Bosnia and Herzegovina (RATIFICATION: 1993)

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.