Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 3(2) of the Convention. Determination of hazardous work.Federation of Bosnia and Herzegovina (FBiH). Regarding the by-law that shall define the types of work referred to in section 57 of the Labour Law of the FBiH No. 26/2016 (work likely to create a hazard or increased risk to the life, health, development or morale of underage persons), the Government indicates, in its report, that it has not yet been adopted, considering other legislative priorities (particularly the new by-laws on the new Law on Occupational Safety and Health, 2021). The Government indicates that the by-law in application of section 57 of the Labour Law could be adopted in the next legislative period.

The Committee further notes the Government’s detailed information regarding the Rulebook on “requirements for establishing positions with special working conditions and physical examinations of employees occupying such positions” (the “Rulebook”) (Official Gazette of the Socialist Republic of Bosnia and Herzegovina, No. 2/91), which is in force in the FBiH. The Committee notes with interest that the Rulebook establishes an extensive list of 55 workplace risks/types of work that can be performed only by employees who are at least 18 years old. The Committee requests the Government to provide a copy of the Rulebook as well as information on its application in practice, in particular whether there have been instances of children under the age of 18 engaged in the types of prohibited hazardous work listed and, if so, whether penalties have been imposed to those who have employed them. In addition, the Committee once again request the Government to take the necessary measures to ensure, pursuant to section 57 of the Labour Law of the FBiH, that a list of activities and occupations prohibited for persons below 18 years of age is adopted, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

Brčko District. Following its previous comments, the Committee notes with regret that no progress has been made regarding the adoption of a list of hazardous types of work prohibited to children and young persons under 18 years of age pursuant to section 75(1) of the Labour Law of the Brčko District No. 34/19 of 2019. Observing that it has been raising this issue since 2005, the Committee strongly urges the Government to take the necessary measures to adopt a regulation determining the types of hazardous work prohibited for persons under the age of 18 years, after consultation with the employers’ and workers’ organizations concerned, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on any progress made in this regard.

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