Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes the comments submitted by the Confederation of Trade Unions of Bosnia and Herzegovina (CTUBH) dated 20 August 2009 and the International Trade Union Confederation (ITUC) dated 26 August 2009 on the application of the Convention.

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments, the Committee noted observations from the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the Confederation of Trade Unions of the Republika Srpska (SSRS) of various forms of pressure and intimidation in recently established private companies to prevent workers from establishing trade unions and requested the Government to provide information on the practical application of this provision, in particular, the number of complaints of anti-union discrimination filed, forms of anti-union discrimination complained of, action taken by the authorities, decisions of the courts, length of procedures, etc. The Committee notes that the Government indicates in its report that it has no information available on the number of submissions presented relating to anti-union discrimination, but expects that such data would be submitted by trade unions which have objected to forms of anti-union discrimination. The Committee also notes that the Government indicates that the legislation of the Brcko District does not sanction employers in terms of anti-union discrimination, related to employment, and more information on any occurrences of this form of discrimination is available with the competent inspection authorities. The Committee once again wishes to recall however that it is the Government’s responsibility to ensure that all workers are protected against acts of anti-union discrimination in respect of their trade union activities or membership. It once again requests the Government to provide any statistics available regarding the complaints or findings of the labour inspectorates in the entities and the Brcko District relating to anti-union discrimination in the workplace and any steps taken to ensure adequate protection for workers in this regard.

Article 2. Protection against acts of interference from employers’ and workers’ organizations into each other’s establishment, functioning or administration. The Committee notes the information provided in reply to its previous direct request in respect of sanctions available against employers for interference with workers’ organizations in the Republika Srpska. It further notes the Government’s indication that the sanctions available in the Federation of Bosnia and Herzegovina are inadequate and that they are considering appropriate amendments. The Committee notes that the Government indicates in its report that the law amending the Labour Law is in the legislative process and the Government envisages supplementing the punitive provisions with regard to the prescribing of fines. The Committee once again requests the Government to inform it of the steps taken, including progress concerning the law amending the Labour Law, to ensure adequate protection with sufficiently dissuasive sanctions for interference by employers in the activities of workers’ organizations.

Article 4. Measures to encourage and promote the development of voluntary negotiation between employers’ and workers’ organizations. Republika Srpska. The Committee previously observed that section 131 of the Labour Law of the Republika Srpska provides that if a collective agreement is negotiated at the level of the whole Republika, the Government will be a party to it along with the trade union and the employers’ association. Sections 131 and 132 also enable the parties to collective bargaining to invite the Government to become a party to a collective agreement if the latter is negotiated at the branch or industry levels. The Committee notes that the Government indicates that Articles 161 and 162 of the Labour Law, among other provisions, stipulate the possibility that upon the invitation of the parties signing the industry collective agreement the Government of the Republika Srpska involves itself in the negotiations and signing of the collective agreements for specific industries. The Government also refers to its role in signing these collective agreements as an additional guarantor for implementation of the provisions from the signed collective agreements and indicates that the Government of the Republika Srpska was the majority owner of the largest number of enterprises and institutions in the territory of the Republika Srpska which at the time employed more than 90 per cent of the workforce in the Republika. Additionally, the Government indicates that the Law on Amicable Resolution of Disputes has begun the legislative process, which shall adequately regulate the issue of mediation by highly educated and expert mediators in negotiations and signing of collective agreements, and also, it plans to pass a new Labour Law which does not envisage the participation of the Government in the signing of industry-wide collective agreements. Noting that the Labour Law will be amended, the Committee expresses the hope that the necessary amendments will be made to sections 131 and 132 and requests the Government to indicate any progress in this regard.