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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Gender pay gap and its underlying causes The Committee notes the indication of the Government that data from the Republic of Srpska Institute for Statistics found the average salaries of men to be higher than the average salaries of women in the majority of activities. The Committee notes the Agency for Statistics of Bosnia and Herzegovina’s publication ‘Women and Men in Bosnia and Herzegovina 2022’, which identifies a wage gap in favour of men in 11 out of the 19 economic activities listed (page 66). The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) is concerned about the persistent gender pay gap and horizontal and vertical occupational segregation within the country and recommends that the Government undertake a comprehensive study of the root causes of the gender wage gap and use the results to develop further measures to close the gap (CEDAW/C/BIH/CO/6, 12 November 2019, paragraphs 35 and 36). The Committee asks the Government to continue to provide information on the gender pay gap, by economic sector, if possible, in the Federation of Bosnia and Herzegovina (FBiH), the Republika Srpska and the Brčko District. The Committee also asks the Government to continue to provide up-to-date statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to identify persistent underlying causes of pay inequality, such as segregation of women into lower-paying jobs or occupations due to gender stereotypes, in cooperation with workers’ and employers’ organizations.

Articles 1(a) and 2(2)(a). Definition of remuneration. Legislation. The Committee recalls that, from the definitions of “salary” in section 75(2) read with sections 76 and 79(2) of the Law on Labour of the Federation of Bosnia and Herzegovina (FBiH), and sections 121(1) and 132 (on “other earnings”) of the Law on Labour of the Republika Srpska, it remains unclear whether the principle of equal salary for work of equal value would apply to payments in kind. The Committee notes that section 90, of the new Labour Law of the Brcko District No. 34/19 uses similar language to the Law on Labour of the Republika Srpska with regard to the definition of “salary” as it also refers to “other income based on work”. The Committee notes the explanation from the Government that, according to the provisions of the Labour Law of the Republika Srpska and Law on Gender Equality of Bosnia and Herzegovina, prohibited gender-based discrimination in employment and employment relations includes, inter alia, failure to provide the same salary and “other benefits” for the same work and work of the same value.The Committee asks the Government to clarify whether, with reference to the implementation of the equal salary principle for work of equal value established in the Labour Law of FBiH, the Labour Law of the Republika Srpska and the Labour Law of Brcko District, “other income based on work” or “other benefits”, as explained by the Government, covers any additional emoluments paid in kind, such as the provision of housing, a car, food etc. It also asks the Government to provide information on any example or interpretation given by the courts in this regard.

Article 2(2)(c). Collective agreements. The Committee notes that the Government does not provide any specific information regarding the role of collective agreements in the promotion and implementation of the principle of equal remuneration for men and women for work of equal value. The Committee again asks the Government to provide information on any measures taken or envisaged, in cooperation with the social partners, to :

• (i)promote the inclusion of specific clauses on equal remuneration for men and women for work of equal value in collective agreements, including on the use of objective job evaluation methods; and
• (ii)organize training and awareness-raising activities on the principle of the Convention.

Article 3. Objective job evaluation. Despite its repeated requests, the Committee notes that the Government has once again not provided any information on the development and promotion of objective job evaluation methods. The Committee again recalls that the concept of work of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe a specific job evaluation method, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. Whatever method is used, particular care must be taken to ensure that it is free from gender bias by making sure that the selection of factors for comparison and the weighting of such factors and the actual comparison are not discriminatory, either directly or indirectly. With reference to its observation, the Committee wishes to point out that cooperation between employers and workers is particularly important in the determination of criteria for job evaluation, giving collective bargaining an important place in this context (see 2012 General Survey on the fundamental Conventions, paragraphs 695, 701 and 705). The Committee again asks the Government to provide information on any steps taken towards the development and promotion of objective job evaluation methods in the public and private sectors, in cooperation with workers’ and employers’ organizations, indicating how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Enforcement and awareness-raising The Committee notes the Government’s indication that it has no data regarding disputes before courts related to the application of the Convention. The Committee asks the Government to provide information on any measures taken to :

• (i)raise awareness of and to promote the principle of equal remuneration for men and women for work of equal value;
• (ii)provide training to labour inspectors, workers’ and employers’ organizations; and
• (iii)collect data on judicial or administrative decisions related to the principle of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee recalls that the definitions of “work of equal value” in both section 77(1) of the Law on Labour of the Federation of Bosnia and Herzegovina (FBiH) and section 120(2) and (3) of the Law on Labour of the RepublikaSrpska limit the concept of “work of equal value” to the same level of each of the evaluation factors enumerated, such as qualifications, capacity to work and responsibility, physical and intellectual work, skills, working conditions and results of work. The Committee notes with regret that the definition of “work of equal value” in section 89 of the Law on Labour of the Brčko District No. 34/19, which entered into force on 1 January 2020, has a wording similar to the Law on Labour of the Republika Srpska and is therefore too restrictive to give full effect to the principle of equal remuneration for work of equal value set out in the Convention. The Committee emphasizes once again that the concept of “work of equal value” must permit a broad scope of comparison. While factors such as skills, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account. In this regard, the Committee wishes to point out that, for the purpose of the Convention, the relative value of jobs with varying content is to be determined through objective job evaluation on the basis of the work performed and is different from performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation is therefore concerned with evaluating the job and not the individual worker. The Committee therefore underlines that factors such as “capacity to work” and “results of work” relate to the performance appraisal of the individual worker rather than to objective job evaluation (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 677 and 696). The Committee asks the Government to take the necessary steps to amend the provisions regarding the definition of “work of equal value” in the Law on Labour of the FBiH, the Law on Labour of the Republika Srpska, and the Law on Labour of the Brčko District in the near future, so as to ensure that the legislation: (i) provides for a definition of “work of equal value” which is based on objective criteria; and (ii) addresses situations where men and women perform different work requiring different qualifications and skills, levels of responsibility and efforts and with different conditions of work but that is of equal value overall. The Committee asks the Government to provide information on any initiatives taken to amend the labour legislation for this purpose.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 77(1) on equal pay of the new Labour Law of the Federation of Bosnia and Herzegovina (FBiH), which entered into force on 14 April 2016, refers to “equal salaries” and that according to section 75(2) “salary” consists of “the basic salary, part of the salary for work performance, and increased salary referred to in section 76 of this Law”. Section 76 provides for an increased salary entitlement for particularly difficult working conditions, overtime work, night work, and work on statutorily defined days of weekly rest and holidays, or any other non-working day so defined by collective agreement, Work Rulebook, or employment contract. Section 79(2) provides that “the salary” shall be paid in cash. Furthermore, the Committee notes that section 121(1) of the Labour Law of the Republika Srpska, which entered into force on 20 January 2016, defines “wages” as comprising “the portion of wages for the work performed and the time spent at work, increase of wages stipulated under the law, a general enactment or a labour contract, and other earnings on the grounds of the employment relationship pursuant to the Law, a general enactment or a labour contract.” Section 124(2) provides for wage increases due to difficult conditions of work, overtime work, night work and work during statutory non-working days or holidays. Pursuant to section 132, “other earnings” shall include per diems for business trips and compensation of the costs of transport, increased cost of accommodation, hot food and the utilization of personal or own car for official activities, severance pay, as well as other earnings stipulated under collective agreements or a labour contract. The Committee notes that from the abovementioned provisions, it remains unclear whether payments in kind would be covered by the principle of equal remuneration for men and women for work of equal value set out in the labour legislation of FBiH and the Republika Srpska. The Committee requests the Government to clarify whether the equal pay principle established in the Labour Law of FBiH and the Labour Law of the Republika Srpska covers payment of any additional emoluments paid in kind.

Article 2. Collective agreements. The Committee notes that under the new Labour Law of FBiH (sections 75(13) and 78(1)) and Labour Law No. 1 of 2016 of the Republika Srpska (sections 120, 121 and 132) collective agreements and rule books continue to have an important role in establishing (minimum) wages and additional emoluments. With respect to the Republika Srpska, the Committee notes that the Government indicates in general terms that collective agreements should comply with provisions of the Labour Law No. 1, including the equal pay principle, and that there is no collective agreement that favours one group over another as regards the determination of wages. Recalling that examining collective agreements from the perspective of equal remuneration for work of equal value can be a useful first step towards addressing the issue through the collective bargaining process, the Committee asks the Government to provide information on whether any such action has been taken or is envisaged, and to indicate the specific measures taken, in collaboration with the employers’ and workers’ organizations, to encourage the incorporation of the principle of the Convention into collective agreements, including any awareness-raising activities in this regard. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Article 3. Objective job evaluation. The Committee notes that the Government continues to reiterate that the method of determining rates of remuneration is left to the parties of collective bargaining, and that the criteria in collective agreements are objectively determined and linked to the workplace or the job complexity group regardless of sex. The Government however indicates that the social partners have not provided any information on steps taken towards the promotion of objective job evaluation methods. The Committee recalls that the concept of work of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe a specific job evaluation method, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. Whatever method is used, particular care must be taken to ensure that it is free from gender bias by making sure that the selection of factors for comparison and the weighting of such factors and the actual comparison are not discriminatory, either directly or indirectly. The Committee therefore wishes to point out the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see 2012 General Survey on the fundamental Conventions, paragraphs 695, 701 and 705). The Committee again asks for more information on any steps taken towards the development and promotion of objective job evaluation methods in the public and private sectors, with the cooperation of workers’ and employers’ organizations, including in the context of collective agreements.

Practical application. The Committee notes the comments by the Federation of Independent Trade Unions of Bosnia and Herzegovina (FITUB) included in the Government’s report, that it is constantly confronted with discrimination in respect of employment and occupation, including unequal remuneration for men and women, due to stereotypes and/or social and cultural patterns of behaviour that manifests in inadequate regulation. It also notes that the Union of Autonomous Trade Unions of Bosnia and Herzegovina of FBiH observed that no cases were received relating to discrimination concerning equal remuneration for men and women. The Government also indicates that no court decisions have been made relating to the principle of the Convention. The Committee asks the Government to provide further information on the measures taken by the Civil Service Agency, Agency for Gender Equality of the FBiH and the FBiH Gender Centre, including follow-up measures assessing the impact of the training on non-discrimination provided to government officials, police forces, and jurists, to raise awareness of and to promote the principle of the Convention. It also asks the Government to continue to provide information on any judicial or administrative decisions related to the principle of the Convention. The Committee also asks the Government to continue to provide up-to-date statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to identify and address persistent underlying causes of pay inequality, such as segregation of women into lower-paying jobs or occupations due to gender stereotypes, in cooperation with workers’ and employers’ organizations.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a) and (b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee asked the Government to ensure that the definition of “work of equal value” in the amendments to the Labour Law of the Federation of Bosnia and Herzegovina (FBiH) would be revised so as to give full legal expression to the concept of “work of equal value” as provided by the Convention. The Committee notes the adoption of the new Labour Law of the FBiH, which entered into force on 14 April 2016, section 77(1) of which obliges the employer “to pay equal salaries for work of equal value” to workers, irrespective of their ethnicity, religion, sex and political and trade union affiliation, as well as any other discriminatory ground referred to in section 8(1) of this Act. Section 77(2) of the Law defines, however, “work of equal value” as “work which requires the same level of professional qualifications, same capacity for work, responsibility, physical and intellectual work, skills, working conditions, and results of work.” With respect to the Republika Srpska, the Committee notes that sections 19 and 22 of the new Labour Law of the Republika Srpska, which entered into force on 20 January 2016, prohibit discrimination on the basis of sex in conditions of work and all rights resulting from the labour relation, and that section 120(2) guarantees “equal wages for the same work or for the work of the same value”. However, section 120(3) of the same Law provides that “work of the same value shall imply work for which the same degree of professional qualifications, that is to say, education, knowledge and skills, is required, in which the same work contribution is realized, with the same responsibility”. The Committee notes that the definitions in both labour laws continue to limit the concept of work of equal value to the same level of qualifications, the same capacity to work and the same level of responsibility, physical and intellectual work, skills, working conditions and results of work, which is narrower than the principle set out in the Convention. The Committee therefore emphasizes, once again, that the concept of “work of equal value” must permit a broad scope of comparison including but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work of an entirely different nature which is nevertheless of equal value. While factors such as skill, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 677). The Committee asks the Government to amend the equal pay provisions in the Labour Law of the Federation of Bosnia and Herzegovina and the Labour Law of the Republika Srpska, in the near future, so as to ensure that the legislation provides not only for equal remuneration for men and women for equal, the same or similar work, but also addresses situations where men and women perform different work that is nevertheless of equal value. The Committee requests the Government to provide information on any new initiatives to amend the current labour legislation, and trusts that its comments will be taken into account with a view to bring the national legislation into conformity with the Convention.

Furthermore, with respect to the application of the principle in the Labour Law of the Brcko District, the Committee had noted that prohibiting sex-based wage discrimination generally, as provided for in section 4, would not normally be sufficient to give effect to the Convention, as it does not sufficiently capture the principle of “work of equal value”. The Government had previously indicated that in the Brcko District, methods for the determination of rates of remuneration were not regulated in the legislation, but that new amendments to the Labour Law, would address this issue. The Committee notes that the Government does not provide further information on any developments in this regard. The Committee asks the Government to ensure that in the process of amending the Labour Law in the Brcko District, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value in accordance with the Convention, and to provide information on any developments in this regard.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Legislation. The Committee recalls section 8 of the Law on Gender Equality of 2003 in Bosnia and Herzegovina, which ensures equal wages and other benefits for the same work or work of equal value. The Committee also recalls that the definition of “equal value” as set out in the draft amendments to the Labour Law of the Federation of Bosnia and Herzegovina (FBiH) did not fully reflect the principle established in the Convention, as work of equal value is limited to work requiring the same level of qualification, the same capacity to work, and the same level of responsibility and of physical and intellectual work. The Committee notes the Government’s indication that the draft Labour Law of the FBiH was sent to the social partners for their observations, and it has not yet been adopted. The Committee also notes the Government’s indication that it considers that the definition of equal value in the draft Labour Law is in the spirit of the Convention. The Committee recalls that the concept of “work of equal value” must permit a broad scope of comparison, including encompassing work of an entirely different nature, requiring different qualifications, work capacity, level of responsibility, etc. The Committee again asks the Government to ensure that the definition of “work of equal value” in the amendments to the Labour Law of the FBiH is revised so as to give full expression to the concept of “work of equal value” as set out in the Convention, and also to consider adding a definition of “remuneration” in the draft to make it clear that it includes the “ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (Article 1(a) of the Convention). Please also provide information on the status of the adoption of the amendments to the Labour Law of the FBiH, and provide a copy once they are adopted.

The Committee recalls the Government’s reference to the definition of “work of equal value” in the legislation in the Brcko District and in the Republika Srpska. It notes that the Government repeats its explanation that section 4 of the Labour Law of Brcko District prohibits any kind of discrimination including based on sex, and that there are no differences in awarding wages on the basis of gender, and that section 5 of the Labour Law of the Republika Srpska prohibits discrimination based on gender in the realization of labour rights. The Government adds that in the Brcko District, methods for the determination of rates of remuneration are not regulated in the legislation, but new amendments to the Labour Law, which are in the process, will address this issue. The Committee again draws the Government’s attention to the fact that only prohibiting sex-based wage discrimination generally will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (see General Survey on fundamental Conventions, 2012, paragraph 676). The Committee also notes the Government’s indication that the Republika Srpska is currently in the preparatory phase and conducting social dialogue at the highest level in order to prepare an action plan for the development of the new Labour Law. The Government indicates further its willingness to apply the Convention fully in the formulation of the amendments. The Committee therefore asks the Government to ensure that in the process of adopting the new Labour Law in the Republika Srpska and in the amendment to the Labour Law of the Brcko District, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to provide information on any developments in this regard.

Article 2. Machinery for wage determination and collective agreements. The Committee notes that the Government repeats its explanation that in collective agreements pay is linked to the job and its complexity, and a worker who belongs to a particular group of complexity has the same benefits regardless of sex. It also notes the Government’s indication that the Government will seek to prescribe the equality of remuneration of workers regardless of gender as a main principle and impose it as binding, and that it will ensure that the social partners are aware of the comments of the Committee. The Committee asks the Government to indicate the concrete measures taken, in collaboration with the employers’ and workers’ organizations, to harmonize collective agreements with section 8 of the Law on Gender Equality, and to encourage the incorporation of the principle of the Convention into collective agreements, including any awareness-raising activities on this subject. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Article 3. Objective job evaluation. The Committee recalls the Government’s previous indication that the Government of the FBiH has not taken specific action to promote the use of objective methods for assessing work in the public and private sectors, and notes that the Government’s report does not contain any further information in this respect. Recalling that in order to eliminate disparities in the remuneration levels of men and women, it is important to determine the relative value of jobs through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee asks the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in the public and private sectors.

Parts III–V of the report form. The Committee notes the statistical information provided by the Government on the employment of women in the FBiH, disaggregated by industries and sectors. In 2010, women constituted 39.2 per cent of the employed persons, and women were concentrated in sectors such as wholesale and retail trade/repair of motor vehicles, manufacturing, education, and health and social work. The Committee also notes the Government’s indication that the courts have not made any decisions relating to non-compliance of the Convention. The Committee asks the Government to provide statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to address the issue of occupational gender segregation. It also asks the Government to provide any judicial or administrative decisions related to the principle of the Convention, as well as information on the training provided for judges and law enforcement officials on the principle of the Convention, including the activities of the Agency for Gender Equality of the FBiH and the FBiH Gender Centre.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Legislation. The Committee recalls that the Government is in 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. It also recalls that the definition of “equal value” as set out in the legislation of the Brcko District and in the draft amendments of the Federation of Bosnia and Herzegovina (FBiH) does not fully reflect the principle established in the Convention. The Committee notes the Government’s indication that the Draft Labour Law of the Federation of Bosnia and Herzegovina is still in legal proceedings, and that the Government will consider the comments of the Committee relating to the definition of the term “work of equal value” and the term “fees” to bring them into line with the spirit of the Convention as much as possible. The Committee asks the Government to ensure that the definition of “work of equal value” in the amendments to the Labour Law of the Federation of Bosnia and Herzegovina is revised so as to give full expression to the concept of “work of equal value” as set out in the Convention, and also to consider adding a definition of “remuneration” in the draft to make it clear that it includes the “ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (Article 1(a) of the Convention). Please also provide information on the status of the adoption of the amendments to the Labour Law of the Federation of Bosnia and Herzegovina, and provide a copy once they are adopted.

The Committee also recalls that in the legislation in the Brcko District, “work of equal value” is defined as work requiring the same level of qualification, the same capacity to work, and the same level of responsibility and of physical and intellectual work. It notes the Government’s indication that section 4 of the Labour Law of Brcko District prohibits any kind of discrimination including on the basis of sex, and there are no differences in awarding wages on the basis of gender. It also notes the Government’s indication that according to section 90(3) of the Labour Law of the Republika Srpska, “work of equal value” refers to work that requires the same level of education, the same ability to work, responsibility and physical or intellectual work, and that section 5 of the Labour Law of the Republika Srpska prohibits discrimination based on gender in the realization of labour rights. The Committee considers that only a prohibition of discrimination based on gender, while important, is not sufficient to give effect to the Convention, as this does not capture the concept of “work of equal value”. The Committee therefore asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value in the legislation of the Brcko District and the Republika Srpska, and to provide information on the steps taken in this regard. Please also provide a copy of the laws of the Brcko District and the Republika Srpska addressing equal remuneration.

Article 2(2)(b) and (c). Machinery for wage determination and collective agreements. The Committee notes the Government’s indication that in collective agreements pay is linked to the job and its complexity, and a worker who belongs to a particular group of complexity has the same benefits regardless of sex. It also notes the Government’s indication that collective agreements often provide the possibility for the employment rules to further regulate the degree of complexity in more detail, but not by making them less favourable than the criteria stipulated in collective agreements, and that there are no records kept of employment rules and so this information is not available to the Government. The Committee asks the Government to take steps, in collaboration with the employers’ and workers’ organizations to harmonize collective agreements with section 8 of the Law on Gender Equality, and to encourage the incorporation of the principle of the Convention into collective agreements. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in the collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Government of the Federation of Bosnia and Herzegovina has not taken specific action to promote the use of objective methods for assessing work in the public and private sectors. Recalling that in order to eliminate disparities in the remuneration levels of men and women, it is important to determine the relative value of jobs through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee encourages the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in the public and private sectors.

Parts III–V of the report form. The Committee notes the Government’s indication that the Agency for Gender Equality of Bosnia and Herzegovina and the Gender Centre of the Federation of Bosnia and Herzegovina can supply the publication “Gender Gap in BiH income”, as well as information on the national workshop on gender statistics, including workshops on gender-based difference in the level of wages. It also notes the statistical information provided by the Government, including the semi-annual communications of the Statistical Office of the Republika Srpska related to employment in the Republika Srpska in 2010, and the Government’s indication that due to the limited human and technical capacities of the Statistical Office of the Republika Srpska, the Government is unable to keep up-to-date statistics related to earnings according to industry and sectors and disaggregated by sex. It also notes the Government’s indication that the courts have not made any decisions relating to non-compliance of the Convention. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation. Please also provide any judicial or administrative decisions related to the principle of the Convention, as well as information on the publication and the activities of the Agency for Gender Equality of Bosnia and Herzegovina and of the Gender Centre of the Federation of Bosnia and Herzegovina.

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

Article 1 of the Convention. Legislative developments. The Committee notes the information provided by the Government in response to its request for information on 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. The Committee notes from the Government’s report that it appears that new laws have been adopted in the Republika Srpska and the Brcko District which address the issue of equal remuneration. According to the Government’s report, the Labour Law of the Republika Srpska guarantees workers identical wages for identical work or work of equal value that they perform for the employer. The report does not indicate how “work of equal value” is defined in the context of the law or whether reference is made to remuneration between men and women. From the Government’s report, it appears that in the legislation of the Brcko District, there is a provision requiring employers to pay employees equal wages for work of equal value regardless of their ethnicity, religion, gender, or political or trade union affiliation, and that “work of equal value” is defined as work requiring the same level of qualification, the same capacity to work, and the same level of responsibility and of physical and intellectual work. The Committee notes further that draft amendments have been prepared to the Labour Law of the Federation of Bosnia and Herzegovina, which envisage a new provision on equal pay identical to that in the Brcko District legislation noted above.

The Committee notes that the definition of “equal value” as set out in the legislation of the Brcko District and in the draft amendments of the Federation of Bosnia and Herzegovina does not reflect the principle established in the Convention. Recalling its 2006 general observation, the Committee notes the importance of providing for equal remuneration not only for work that is equal, the same or similar, but also work that is of an entirely different nature, which is nevertheless of equal value. Different levels of education, different capabilities and different responsibilities, for example, should be able to be compared. The Committee recalls that legal provisions that are narrower than the principle as laid down in the Convention, since they do not give full expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination. The Committee, therefore, requests the Government as follows:

(i)    to ensure that the definition of “work of equal value” in the draft amendments to the Labour Law of the Federation of Bosnia and Herzegovina is revised so as to give full expression to the concept of “work of equal value” as set out in the Convention, and to consider adding a definition of “remuneration” in the draft to make it clear that it includes the “ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (Article 1(a) of the Convention);

(ii)   to take steps to revise the definition of “work of equal value” in the legislation of the Brcko District so as to give full expression to the concept of “work of equal value” as set out in the Convention, and to consider adding a definition of “remuneration”, in the terms of Article 1(a) of the Convention;

(iii) to provide a copy of the recent laws of the Brcko District and the Republika Srpska addressing equal remuneration; and

(iv)  to provide information on the status of the adoption of the amendments to the Labour Law of the Federation of Bosnia and Herzegovina, and to provide a copy once they are adopted.

Article 2(2)(b) and (c). Machinery for wage determination and collective agreements. Given the important role of collective agreements and rule books in the establishment of wage rates and additional emoluments, the Committee had previously requested information on how the issue of equal remuneration for work of equal value is addressed therein. The Committee notes the information provided regarding articles 24 and 27 of the General Collective Agreement of the Republika Srpska, which do not appear to incorporate the principle of equal remuneration for men and women for work of equal value. With respect to rule books, the Committee notes the Government’s indication that these are not publicly available, and could not be provided to the Committee for reasons of confidentiality. Noting that the collective agreements do not yet appear to incorporate the principle of the Convention, the Committee asks the Government to provide information on the steps being taken to harmonize collective agreements with section 8 of the Law on Gender Equality, and on any steps taken, in collaboration with workers’ and employers’ organizations, to encourage the incorporation of the principle of the Convention into collective agreements. The Committee would also welcome receiving examples of relevant provisions of rule books, in a manner that would respect the confidentiality of the workers and employers involved.

Article 3. Objective job evaluation. In the absence of a reply to its previous request, 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.

Parts III–V of the report form. The Committee notes the Government’s statement that a study has been prepared on the differences between the wages of women and men in the country, and that a series of national workshops on gender statistics have been held, including workshops on gender-based difference in the level of wages. The Committee asks the Government to provide a copy of the study “Gender gap in the Bosnian income generation”, as well as further information on the workshops on gender statistics, including any conclusions or recommendations from these workshops. The Committee again requests the Government to provide updated statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation. Please also provide any judicial or administrative decisions related to the principle of the Convention.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee previously noted the adoption of the Law on Gender Equality in 2003, which provides specifically that discrimination on the ground of gender at work and in employment includes “failure to pay equal wages and other benefits for the same work or work of equal value”. It also provides that collective agreements and entity legislation are to be brought into conformity with the Law. The Committee notes the Government’s statement that an analysis has been done regarding the consistency of the labour and employment regulations with the Law on Gender Equality, and conclusions have been submitted to the competent state bodies for action to ensure consistency, including regarding equal remuneration for work of equal value. The Committee welcomes this harmonization initiative, and asks the Government to keep it informed of follow-up action taken by the competent state bodies to implement the conclusions regarding incorporating the principle of equal remuneration for men and women for work of equal value into the entity legislation. The Committee also asks the Government to provide information regarding the implementation of the Law on Gender Equality as it relates to the Convention, including any measures taken or envisaged to promote equal remuneration for men and women for work of equal value, and any complaints filed and the result thereof.

2. Article 2(2)(b) and (c). Recognized machinery for wage determination and collective agreements. The Committee noted in its previous comments that the Labour Act of the Federation of Bosnia and Herzegovina provides for the establishment of wage rates through a rule book or collective agreements. The Committee notes that the Government states that collective agreements and rule books are used to determine all other additional emoluments mainly paid in money. The Government states further that in the collective agreements and rule books, the criteria used to determine wages are position, work results and working conditions. Given the statistics provided by the Government indicating significant occupational segregation, which can lead to an undervaluing of the jobs where women are concentrated, the Committee asks the Government to provide information regarding what measures are taken to ensure that wage rates are determined without gender bias in the public and private sectors.

3. Article 3. Job evaluation. The Committee previously noted that, in the context of the adoption of the Law on Gender Equality, it would be opportune to adopt tools to assist in implementing the principle of equal remuneration. The Committee recalls that the notion of equal remuneration for men and women necessarily implies the adoption of some technique to measure and compare objectively the relative value of jobs performed, namely, job evaluation. The Committee asks the Government to provide information on any initiatives to develop or adopt tools, including job evaluation, to implement the principle of equal remuneration for men and women for work of equal value.

4. Part V of the report form. Statistical information. The Committee notes the statistical information provided with the Government’s report and asks the Government to continue to provide such information.

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

The Committee notes the Government’s report, which attached a communication from the Confederation of Trade Unions of the Republika Srpska.

1. Article 2(2)(b) and (c) of the Convention. Recognized machinery for wage determination and collective agreements. The Committee noted in its previous comments that the Labour Act of the Federation of Bosnia and Herzegovina provides for the establishment of wage rates through a rule book or collective agreements. The Committee again asks the Government to provide information on the methods and criteria used by private employers and by the Government in determining wage rates.

2. Article 3. Job evaluation. The Committee notes that in the context of the adoption of the Law on Gender Equality, it would be opportune to adopt tools to assist in implementing the principle of equal remuneration. The Committee recalls that the notion of equal remuneration for men and women necessarily implies the adoption of some techniques to measure and compare objectively the relative value of jobs performed, namely, job evaluation. The Committee would welcome receiving information from the Government on any initiatives to develop or adopt tools, including job evaluation, to implement the principle of equal remuneration for men and women for work of equal value.

3. Part V of the report form. Statistical information. The Committee welcomes the provision in the Law on Gender Equality aimed at ensuring statistical data is disaggregated by sex (sections 21 and 27), recalling in this regard its general observation of 1998 on the importance of statistical data to evaluate the application of the principle of equal remuneration. The Committee hopes that such statistics will be included in the Government’s next report.

4. Trade union comments. The Committee notes that in its communication, the Confederation of Trade Unions of the Republika Srpska submits that the transfer of property to the State has resulted in layoffs of thousands of workers, and lack of payment of wages and contributions for pension, health, disability and unemployment insurance, in breach of Convention No. 100. The Committee recalls that Convention No. 100 covers discrimination in respect of remuneration on the basis of sex. It does not cover the more general issue of non-payment of wages and benefits unrelated to sex. The situation as described by the Confederation of Trade Unions of the Republika Srpska does not appear, on the basis of the information provided, to give rise to issues under the Convention.

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

Articles 1 and 2 of the Convention. Legislative developments. In its previous comments, the Committee noted the existence of new legislation dealing with gender equality, though it did not yet have a copy of the text for examination. The Committee notes with satisfaction that the Law on Gender Equality was adopted at the state level, in May 2003 (No. 56/03), and provides specifically that discrimination on the ground of gender at work and in employment includes "failure to pay equal wages and other benefits for the same work or work of equal value" (section 8). It also provides that collective agreements and entity legislation are to be brought into conformity with the Law (sections 9 and 21). The Committee asks the Government to provide information regarding the implementation of the Law on Gender Equality, and on any progress achieved in incorporating the principle of equal remuneration for men and women for work of equal value into the entity legislation.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the legislation does not appear to contain a definition of remuneration in accordance with the Convention. It recalls that the broad definition contained under this Article seeks to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions (General Survey on equal remuneration, 1986, paragraph 14). It asks the Government to indicate whether a text including a comprehensive definition of remuneration exists and to provide a copy to the Committee.

2. Article 1(b). Legislative protection. The Committee notes that section 2 of the Constitution of the Federation of Bosnia and Herzegovina prohibits discrimination against "all persons within the territory of the Federation" on a number of grounds, including sex. It also notes that section 5 of the Labour Act prohibits discrimination against "all persons seeking employment or persons employed" on a number of grounds, including sex, in respect of terms and conditions of employment, amongst other issues. The Committee notes that the legislation does not appear to set out the principle of equal remuneration for men and women workers for work of equal value. It notes from the Government’s report, however, that equal pay is guaranteed to men and women workers, although it is not clear from the report whether this means equal pay for work of equal value or for the same work, the latter being narrower than the concept of work of equal value under the Convention. It asks the Government to indicate whether the principle is clearly stated in any legislative or other regulatory text and to provide a copy.

3. Article 2(1). Promotion of principle of equal remuneration. The Committee notes that since submission of the Government’s report a new Gender Act has been adopted in the territory which aims to promote gender equality and to prevent direct and indirect gender-based discrimination. The Committee asks the Government to provide a copy of the new law and to provide information on the manner and extent to which implementation of the law will ensure the application to all workers of the principle of equal remuneration for work of equal value.

4. Article 2(2)(b) and (c). Recognized machinery for wage determination and collective agreements. The Committee notes under sections 68, 69 and 107 of the Labour Act that, where an employer employs over 15 employees, a rule book shall be used to determine employees’ salaries and set minimum wages. The Committee also notes that works councils or trade unions are consulted in establishing such rule books (section 107 of the Act). It also notes under sections 68 and 69 that collective agreements may also set wage rates. The Committee notes, however, that no information has been provided on the methods or criteria used for fixing minimum wages in this manner nor on whether these instruments ensure the application to all workers of the principle of equal remuneration. In order to assess the application of the Convention and, in particular, to ensure that the grounds used for setting rates of remuneration are not discriminatory, the Committee asks the Government to provide information on the methods and criteria used by private employers and by the Government in determining wage rates.

5. Article 3. Job evaluation. The Committee recalls that Article 3(1) of the Convention provides that measures should be taken to promote objective appraisal of jobs on the basis of the work to be performed, where this action will assist in implementing the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey on equal remuneration, 1986, paragraph 138). The Committee would therefore welcome information from the Government on any action taken in the territory, including references to rule books or collective agreements, to compare objectively the value of jobs.

6. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sector, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating the application by the Government of the principle of equal remuneration.