Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 3(2) of the Convention. Determination of hazardous work. 1. Federation of Bosnia and Herzegovina (FBiH). The Committee previously noted the Government’s statement that it was in the process of adopting a new Labour Law.

The Committee notes the Government’s information in its report according to which, pursuant to section 57 of the new Labour Law of the FBiH, an underage person may not be assigned to any physically demanding work, underground or underwater work, or any other work likely to create a hazard or increased risk to their life, health, development or morale, taking into account their mental and physical characteristics. A by-law shall be adopted to define the types of work referred to in section 57. However, the Government indicates that this by-law has not yet been adopted. The Committee urges the Government to take the necessary steps to ensure, pursuant to section 57 of the new Labour Law, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, in accordance with Article 3(2) of the Convention. It requests that the Government provide information on any progress made in this regard.

2. Republika Srpska. The Committee previously expressed the hope that the Government would take the necessary measures to ensure the inclusion, in the new Labour Law, of a provision authorizing the competent authorities to draw up a list of types of hazardous work prohibited to persons below 18 years of age and to ensure the adoption of such a list.

The Committee notes that section 103(1) of the new Labour Law of Republika Srpska, which entered into force in January 2016, provides that workers younger than 18 years of age may not be assigned jobs that pose an increased risk, or involve physically demanding work, underground or underwater work, or any other activities that may represent an increased risk to their life, health, or physical and psychological development. Pursuant to paragraph 2 of section 103, the activities referred to in paragraph 1 shall be stipulated by the Minister in a regulation. The Committee notes with satisfaction that the Regulation on jobs which may not be assigned to juvenile workers was adopted, and entered into force on 18 October 2016.

3. Brčko District. Following its previous comments, the Committee notes the Government’s information that section 41 of the Labour Law provides that underage persons may not be assigned any dangerous or demanding work, underground or underwater work, or any other work likely to pose a hazard or jeopardize their life, health, or physical development or morale, and that these types of work shall be regulated under collective agreements. The Government further indicates that a new Labour Law for the Brčko District is in the process of adoption, in consultation with the organizations of workers and employers. The Committee requests that the Government provide information on the progress made in adopting the list of types of work prohibited to children and young persons under 18 years of age, as well as on the types of work prescribed by collective agreements. It once again asks the Government to communicate copies of these lists as soon as they have been determined.

The Committee is raising other matters in a request addressed directly to the Government.