Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which reads as follows:

Article 1, paragraphs 1 and 2, of the Convention. Definition of “industrial undertaking”. The Committee notes the Government’s indication  that the general regulations in Bosnia and Herzegovina (labour laws and safety at work laws) particularly address the industrial enterprises and determine differently what time shall be deemed night work for under age workers in industry in comparison to other activities. However, the Government’s report contains no information on the definition of the term “industrial undertaking” and on the line of division which separates industry from agriculture, commerce and other non-industrial occupations. The Committee also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko do not appear to provide for the definition of the term “industrial undertaking”. The Committee therefore requests the Government to provide information on the definition of the term “industrial undertaking” and to supply copies of the relevant legislation.

Article 4, paragraph 2. Night work of persons of 16 to 18 years of age in case of emergencies. 1. Federation of Bosnia and Herzegovina. The Committee notes 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. The Committee reminds the Government that, pursuant to Article 4, paragraph 2, of the Convention, the prohibition of night work contained in Articles 2 and 3, shall not apply to the night work of young persons between the ages of 16 and 18 years in case of emergencies which could not have been controlled or foreseen, which are not of a periodical character, and which interfere with the normal working of the industrial undertaking. The Committee requests 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, in order to allow night work in exceptional cases of force majeure only for persons between 16 and 18 years of age. The Committee also asks the Government to provide information on the procedure for granting consent of the competent authority of the canton for night work of young persons.

2. Republika Srpska. The Committee notes that section 46 of the Labour Law of the Republika Srpska provides that, as an exception in lieu, 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, on the basis of the consent of the labour inspector in charge. The Committee recalls that under Article 4, paragraph 2, of the Convention, only the night work of young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the Republika Srpska into conformity with the Convention on this point. It also asks the Government to provide information on the procedure for granting consent of the labour inspector in charge for night work of young persons.

3. District of Brcko. The Committee notes that section 28(3) of the  Labour Law (Brcko) contains provisions similar to those of the labour laws of the Federation of Bosnia and Herzegovina and the Republika Srpska. It recalls that under Article 4, paragraph 2, of the Convention, the night work of only young persons between the ages of 16 and 18 years is allowed in case of emergencies. The Committee requests the Government to provide information on the measures taken or envisaged to bring the legislation of the District of Brcko into conformity with the Convention. It also asks the Government to provide information on the procedure for granting consent for night work of young persons.

Article 5. Suspension of the prohibition of night work for serious emergency. The Committee notes the Government’s indication that during the war in Bosnia and Herzegovina in the period from 1992–95, there was a special regime of work for citizens, which did not exclude the possibility for under age persons between 16 and 18 years of age to be engaged in night work for the sake of public interest. The Government also indicates that the statistical data on any such engagement do not exist. The Committee notes, however, that under the terms of section 36(4) of the Labour Law of the Federation of Bosnia and Herzegovina, minor employees (between 15 and 18 years of age) may temporarily be exempted from the restriction of night work in case of protection of interests of the Federation. It also notes that section 46 of the Labour Law of the Republika Srpska and section 28(3) of the Labour Law of the District of Brcko contain similar provisions. The Committee recalls that, under the terms of Article 5, the prohibition of night work may be suspended by the Government, for young persons between the ages of 16 and 18 years, when in case of serious emergency the public interest demands it. The Committee requests the Government to indicate the measures taken or envisaged to prevent persons under the age of 16 years from performing night work in case of emergencies, when the public interest demands it.

Article 6. Paragraph 1(d). Inspection. The Committee notes the Government’s statement that supervision over the legality of work in terms of the application of laws and regulations in this area shall be performed by the ministries and services in charge. The Government also indicates 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 also notes that the labour laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the District of Brcko provide for the supervision of the labour legislation by the 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, in particular, information on the number of contraventions reported with regard to the prohibition of night work for persons under the age of 18.

Paragraph 1(e). Registers. 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, the content of which shall be determined by a regulation of the Federal Minister. On the first day of his/her employment, the employee shall submit his/her work record card to the employer. The Committee asks the Government to provide further information regarding the work card system applicable under the Labour Law 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 contain the names and ages or dates of birth of persons under the age of 18, as required by Article 6, paragraph 1(e), 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 Committee asks the Government to provide further information regarding the system of work booklets applicable under the Labour Laws 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, paragraph 1(e), 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 asks the Government to provide further information regarding the system of work booklets applicable under the Labour Law of the District of Brcko. 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, paragraph 1(e), of the Convention.