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

Article 6 of the Convention. Weekly rest period. The Committee recalls the observations previously submitted by the Confederation of Independent Trade Unions of Bosnia and Herzegovina according to which the majority of employers contravene the provisions of the labour legislation by preventing workers from using their weekly rest and by imposing working schedules that amount to 260 or more monthly hours. In similar comments submitted by the Confederation of Trade Unions of the Republika Srpska, it was indicated that those employed in commerce, who are principally female employees, enjoy no weekly rest given the fact that stores remain open almost around the clock. In its reply, the Government states that all workers have access to inspection bodies as well as to courts in case of violation of the labour legislation, which guarantees effective protection of their rights. The Committee wishes to recall in this connection that, beyond the legislative conformity with the requirements of the Convention, the Government bears also responsibility for its application in practice, and therefore needs to take all appropriate measures, including adequate inspection and truly dissuasive sanctions, to ensure effective implementation and compliance. The Committee therefore asks the Government to provide in its next report more detailed information, including all available statistical data, on the nature and extent of the problems referred to by the two workers’ organizations and to describe any concrete steps taken or envisaged in order to prevent and punish the violations of the labour legislation in respect of weekly rest.

The Committee is also addressing a request on certain other points directly to the Government.