Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes the Government’s first report and the comments of the Confederation of Trade Unions of the Republika Srpska enclosed with the Government’s report. It requests the Government to provide further information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the absence of information on this point. It requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate child labour.

Article 2, paragraph 1. 1. Scope of application. 1. Federation of Bosnia and Herzegovina. The Committee notes that, according to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina of 1999, as amended in 2000, no person shall conclude a contract of employment with a person who is under the age of 15. The Labour Law therefore appears to exclude work performed outside the framework of a contract of employment, such as self-employment from its scope of application. The Committee recalls that the Convention requires the fixing of a minimum age for all types of work or employment and not only for work under an employment contract. It asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska of 2000, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. Therefore, work performed outside the framework of an employment contract appears to be excluded from its scope of application. The Committee also notes that, according to the Confederation of Trade Unions of the Republika Srpska, a huge problem is illegal work and the grey economy - informal sector workers go beyond the rate of 40 per cent. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. The Committee requests the Government to provide information on the manner in which the protection afforded by the Convention is guaranteed to children carrying out an economic activity that is not covered by a contract of employment, such as self-employment and work in the informal sector.

3. District of Brcko. The Committee notes that section 10 of the 2000 Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. Section 10 therefore appears to be limited to a contractual employment relationship. The Committee recalls that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including self-employment. It requests the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship.

2. Minimum age for admission to employment or work. 1. Federation of Bosnia and Herzegovina. The Committee notes that, pursuant to section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, employment relations may be established only with persons who are at least 15 years of age, in conformity with the minimum age of 15 specified by the Government at the time of ratification. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that, pursuant to section 14 of the Labour Law of the Republika Srpska, a person who is under 15 years of age and having no general health ability to work may not stipulate an employment contact. The Committee observes that this provision appears to indicate that a child below 15 years of age may be employed where he/she has the general health ability to work. The Committee reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. It requests the Government to indicate whether the general minimum age of admission to employment or work of 15 years is applicable in the Republika Srpska irrespective of the health conditions of children concerned.

3. District of Brcko. The Committee notes that section 10 of the Labour Law (Brcko) provides that an employment contract may not be concluded with a person below the age of 15 years. It takes due note of this information.

Article 2, paragraph 3. Compulsory schooling. The Committee notes that, according to the Government’s Initial Report to the Committee on the Rights of the Child (CRC/C/11/Add.28 of 14 October 2004, paragraphs 38, 256-267), all children are obliged to attend elementary school for eight years. Elementary education is obligatory, free and available under the same conditions for all children. Secondary education forms part of the overall educational system and is available under the same conditions to all pupils who have completed elementary school. Specialized education for professional work lasts one year after secondary education, which itself lasts three or four years depending on the type of school. The Committee requests the Government to indicate the age of completion of compulsory schooling. It also asks the Government to provide information on the legislation applicable to education in the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko and to supply copies of the relevant texts.

Article 3, paragraph 1. Minimum age for admission to hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee notes that under section 15 of the Labour Law of the Federation of Bosnia and Herzegovina, the employment of a person between the age of 15 and 18 (hereinafter referred to as a "minor") shall be conditional upon that person providing a certificate from a recognized medical practitioner or institution attesting that his health is sufficient to perform the job. Section 51 of the Labour Law further states that a minor may not work on particularly hard manual works, work underground or under water, nor on other jobs which could have a harmful effect or increased risk to his life or health, development or moral, given his psycho-physical qualities. The Committee takes due note of this information.

2. Republika Srpska. The Committee notes that section 14 of the Labour Law of the Republika Srpska stipulates that a person under 18 years of age may not conclude an employment contract to work on the jobs entailing increased danger of injuries or increased harmfulness for health. Section 69 of the Labour Law provides that "a worker under 18 years of age may not be assigned to work on particularly hard manual works, work underground or under water, nor in other jobs which might have a harmful effect or increased risk to his or her life or health or psycho-physical development". The Committee takes due note of this information.

3. District of Brcko. The Committee notes that section 41(1) of the Labour Law (Brcko) provides that persons aged 15-18 years may not perform dangerous work such as heavy physical work, work under ground or under water, or any other work that is detrimental to their life, health, physical development or morals. It takes due note of this information.

Article 3, paragraph 2. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina. The Committee notes that section 32 of the Labour Law of the Federation of Bosnia and Herzegovina prohibits overtime work for minor employees. Section 36 restricts night work of such employees. The Committee also notes that pursuant to section 51(2) of the Labour Law, the Federal Ministry shall issue a separate regulation to determine hazardous types of work prohibited to minors. In this regard, the Committee recalls that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to indicate whether the Federal Ministry has issued a regulation determining hazardous types of work prohibited for persons under the age of 18 and, if so, to provide a copy thereof.

2. Republika Srpska. The Committee notes that sections 42 and 46 of the Labour Law of the Republika Srpska prohibit overtime and night work of persons under 18 years of age. It also notes that, pursuant to section 69(2) of the Labour Law, hazardous types of work prohibited for persons under the age of 18 shall be specified by a collective agreement under the law. The Committee therefore requests the Government to provide information on the existing legal provisions, which determine a list of activities and occupations prohibited to persons below 18 years of age, in accordance with Article 3, paragraph 2, of the Convention, and to supply a copy thereof. It also asks the Government to provide information on the procedure for determining hazardous types of work by collective agreement.

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 also notes that, according to section 41(2) of the Labour Law, the types of work prohibited to persons aged 15-18 years are determined by collective agreement. The Committee requests the Government to provide more detailed information on the procedure to be followed in the determination process, as well as information on the scope of application of the lists determined by collective agreement. It also asks the Government to communicate copies of these lists as soon as they have been determined.

Article 6. Apprenticeship and vocational training. The Committee notes the Government’s indication that the terms pursuant to Article 6 of the Convention are established in separate regulations in the area of education for children and youth. It also notes that sections 29 and 30 of the Labour Law of the Republika Srpska provide for the conclusion of an employment contract with an apprentice, defined as a person employed for the first time after having completed secondary or high school. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for work by children, including those aged below 15 years, in schools for general, vocational or technical education or in other training institutions, as well as on the general systems of apprenticeships and the minimum age for admission to apprenticeships, and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee notes the Government’s information that in Bosnia and Herzegovina there is no option to employ persons younger than 15 years of age, and therefore no exceptions exist. The Committee requests the Government to indicate whether in practice children under the age of 15 are employed for light work activities.  

Article 8. Artistic performances. The Committee notes the Government’s statement that the existing regulations do not envisage any exemptions in terms of Article 8 of the Convention. It draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to indicate whether in practice children under 15 years of age participate in artistic performances.

Article 9, paragraph 1. 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 1,000 to 10,000 convertible marks (KM) for various violations of the Law, inter alia, for overtime and night work of minor employees and for violations of section 51 (prohibition of hazardous types of work). However, it notes that section 140 does not indicate penalties for non-observance of the minimum age of employment (section 15 of the Labour Law). The Committee asks the Government to indicate the applicable penalty for concluding an employment contract with a person below 15 years of age contrary to section 15 of the Labour Law.

2. Republika Srpska. The Committee notes that section 150 of the Labour Law of the Republika Srpska provides in section 150 for fines of 1,000 to 10,000 KM for violations of the labour legislation on, inter alia, working hours, violation of section 69 (prohibition of hazardous work) and failure to comply with section 14 (prohibition to conclude an employment contract with a person under 15 years). 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, including the 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. However, there appears to be no penalty for the violation of section 10 of the Labour Law (prohibition to conclude an employment contract with a person under the age of 15). The Committee requests the Government to indicate the applicable penalty for concluding an employment contract with a person under the age of 15 contrary to section 10 of the Labour Law.

Article 9, paragraph 3. Registers of employment. 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. According to section 133(4), the Federal Minister shall issue the regulation on the work record card which will regulate, inter alia, its content and the method of keeping the registry book of issued work record cards. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Laws 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 contains the names and ages or dates of birth of persons under the age of 18, as required by Article 9, paragraph 3, 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 Ministry in charge of labour-related issues prescribes the format of the work booklet. The Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the Republika Srpska and to specify whether a work booklet contains the name and age or date of birth of a person under the age of 18, as required by Article 9, paragraph 3, 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 recalls that Article 9(3) of the Convention provides that national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee requests the Government to provide further information regarding the system of work booklets applicable under the Labour Laws of the District of Brcko including information on the content of the labour booklet.

Part III of the report form. The Committee notes the Government’s statement 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 requests the Government to provide further information on the functioning of the labour inspectorate and to provide extracts from the inspection reports.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported, etc., even if such data are in the early stages of compilation.