Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Bosnie-Herzégovine (Ratification: 1993)

Legislative developments. The Committee notes the adoption in the Federation of Bosnia and Herzegovina (BiH) of the Law of 17 September 2021 on parents and caregivers and the Law of 29 June 2022 on material support for families with children. The Committee asks the Government to provide detailed information on the content of the new provisions relevant to the application of the Convention and their application, including in relation to the issues raised below.

Article 3 of the Convention. National policy. The Committee notes the Government’s indication, in its report, that, although certain progress has been made in the application of the Convention with respect to gender equality and family responsibilities, in practice the situation in employment and occupation for workers with family responsibilities, especially women, is less favourable than the standards laid down in the legislation. The Government adds that in 2108 the Council of Ministers adopted the third Gender Action Plan (GAP) (2018-2022). The Committee welcomes: (1) the adoption by the Agency for Gender Equality and the Ministry of Human Rights and Refugees, under the GAP, of a Recommendation for Employers and Competent Authorities Regarding Gender Equality and Employment spelling out that less favourable treatment of women in employment because of pregnancy and motherhood amounts to direct gender-based discrimination and is punishable; (2) the development by the Agency and the Ministry of framework guidelines for the protection of the human rights of mothers and the development of parenthood that are aimed at harmonizing different regulations on maternity and parental leave existing in Bosnia Herzegovina and the various cantons; and (3) the research they have conducted on the impact of the division of family responsibilities and household chores on the professional life of employed women which concludes that household chores and responsibilities for childcare continue to be heavily shouldered by women, adversely affecting their private and professional lives. Furthermore, the Committee notes from the concluding observations of the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) that there continue to be highly unequal distribution of unpaid domestic and care responsibilities between women and men and insufficient provision of social support for the caring of children, older persons and persons with disabilities (E/C.12/BIH/CO/3, 11 November 2021, paragraph 36). The Committee also notes the concerns expressed by the UN Committee on the Elimination of Discrimination against Women (CEDAW) about the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in family and in society (CEDAW/C/BIH/CO/6, 12 November 2019, paragraph 23). The Committee asks the Government to step up its efforts to promote a more equitable sharing of family responsibilities between men and women, and to provide specific information on:

• (i)the impact of the above Recommendation, including any cases of discrimination against men and women workers with family responsibilities detected by the labour inspectors or brought before the courts under section 13 of the Law on Gender Equality of Bosnia and Herzegovina, as consolidated in 2010 - which prohibits gender discrimination at work, including with regard to workers with family responsibilities, the number of sanctions applied and the remedies granted;
• (ii)the adoption of the framework guidelines for the protection of human rights of mothers and the development of parenthood and their impact; and
• (iii)the implementation of the GAP 2018-2022, the main obstacles encountered and the achievements, as well as the interventions envisaged as a follow-up, including any measure designed to enhance the support available for the care of children, older persons and persons with disabilities.

Article 4. Leave entitlements for men and women workers with family responsibilities. The Committee notes the Government’s clarification that: (1) section 62(5) of the Labour Code of the Federation of BiH provides for fathers’ leave entitlement before the end of the post-partum period of 42 days’ leave that is regulated in section 62 (4); (2) the “justified reasons” entitling a father to such leave may encompass situations related to the health of the mother that are such as to make her unable to use her maternity leave and take care of the child, like hospitalisation or coma; and (3) section 62(4) and (5) of the Labour Code also applies to adoptive parents or a person entrusted with childcare. The Committee notes from the statistics provided by the Government that: (1) only a small share of men and women employees (0.67 per cent) took parental or maternity leave during the last five years; and (2) in 2021, only 29 men out of 4,228 workers (representing 0,69 per cent of the total concerned) exercised the right to parental leave in the Republika Srpska. In this regard, the Committee notes that the CESCR expressed its concern at the minimal proportion of men taking parental leave as well as at the low level of coverage of maternity leave and allowance and the different amounts of maternity allowance among entities and cantons, with some cantons not paying such an allowance at all (E/C.12/BIH/CO/3, 11 November 2021, para. 36). The Committee asks the Government to:

• (i)take proactive measures to promote the use of parental leave by fathers; and
• (ii)continue to provide statistical information on the number of men and women workers taking leave entitlements.

Article 5. Childcare and family services and facilities. The Committee notes from the statistical information supplied by the Government that, in school year 2021/2022, 18,236 children (between 6 months and 6 years of age) were enrolled in pre-schools, either public or private. Recalling that previously the Government acknowledged the lack of childcare services, the Committee again asks the Government to indicate:

• (i)the measures envisaged to assist workers with family responsibilities in order to enable them to join the work force or improve their career opportunities; and
• (ii)the progress made in extending coverage of care services and facilities for other dependent members of the family.

Article 6. Information and education. The Committee reiterates its request for information on the concrete measures taken or envisaged, and the specific results achieved, to promote a broader public understanding of the need for a more equitable sharing of family responsibilities between men and women. It also asks the Government to provide information on any action taken by the competent authorities at the federal and entity levels in this respect.

Article 7. Vocational guidance and training. The Committee notes the information provided by the Government about various activities and projects implemented to promote women’s entrepreneurship and participation in the labour market, in both rural and urban areas, including measures designed to support them in the face of the crisis due to the COVID-19 pandemic. The Committee asks the Government to provide information on the specific measures adopted under these projects to cater for the specific needs of all workers with family responsibilities, in particular for their integration and maintenance in the labour market as well as their reintegration in the labour force after an absence due to family responsibilities.

Article 8. Protection against dismissal on the grounds of family responsibilities. Recalling that section 60 of the Labour Law, which protects employees with family responsibilities against termination of employment, applies only to permanent employees and noting that the Government’s report does not provide information regarding the protection against dismissal of workers under fixed-term contracts, the Committee reiterates its request to the Government to provide such information. It also asks the Government to provide information on any cases of discriminatory dismissals of such workers on the basis of family responsibilities that have been addressed by the labour inspectors or the courts, disaggregated by sex.

Article 11. The Committee asks the Government to provide information on the participation of the social partners in designing and implementing measures to implement the Convention, including examples of measures regarding workers with family responsibilities resulting from the work of the social and economic councils.