Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - Bosnia and Herzegovina (Ratification: 1993)

Articles 1 and 2 of the Convention. Measures to promote the principle of the Convention. The Committee notes the Government’s statement that the process of harmonizing state and entity legislation with the equal remuneration for work of equal value provision of the Law on Gender Equality 2003 is under way. The Committee also notes that the general objective of harmonization is set out in the Gender Action Plan, which was adopted in September 2007, although the Action Plan makes no specific reference to equal remuneration. The Committee notes the Government’s assertion that there is no discrimination against women in terms of remuneration rates, but that there is discrimination in terms of access to better paid positions. The Committee recalls that the absence of separate wage rates for women and men is not sufficient to apply fully the principle of the Convention, which applies not only to equal remuneration for the same or similar work, but also to work that is of a different nature, but which is nevertheless of equal value. The Committee asks the Government to provide information on the following:

(i)    the status of the process of harmonizing state and entity legislation with section 8 of the Law on Gender Equality;

(ii)   the measures taken or envisaged to promote the principle of equal remuneration for work of equal value;

(iii) the measures taken or envisaged to improve women’s access to higher paid positions;

(iv)  judicial or administrative decisions related to the principle of the Convention.

Article 2(2)(b) and (c). Machinery for wage determination and collective agreements. In its previous reports, the Government had referred to the importance of collective agreements and rule books for the establishment of wage rates and additional emoluments. In its most recent report, the Government specifies that wage rates are defined by general and branch collective agreements, which all employers must respect. The Committee asks the Government to provide the following:

(i)    information on the status of the process of harmonizing collective agreements with section 8 of the Law on Gender Equality;

(ii)   a summary of the provisions of collective agreements and rule books addressing the issue of equal remuneration for work of equal value;

(iii) information regarding the measures taken to ensure that wage rates are determined without gender bias.

Article 3. Objective job evaluation. The Committee notes that the Government replies only in a very general manner to its previous comments on this point. Recalling its 2006 general observation, the Committee notes that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation. The Committee asks the Government to provide information on steps taken to promote the use of objective job evaluation methods in the public and private sectors.

Statistical information. While some statistics were provided with the Government’s report, they did not relate to earnings. The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation.