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

Articles 4 and 5 of the Convention. Total or partial exceptions. Further to its previous comment, the Committee notes the Government’s explanations that the general labour legislation of the country’s three entities does not specify the conditions under which total or partial exceptions may be authorized in view of the diversity of manufacturing processes and in an effort to increase flexibility. In addition, the Government refers to the General Collective Agreements of the Federation of Bosnia and Herzegovina and of the Republika Srpska, which provide for higher pay rates for those working on a weekly rest day, and indicates that this might discourage employers from any unjustified use of exceptions. In this connection, the Committee wishes to recall that according to the letter and the spirit of the Convention, any suspensions or diminutions of the workers’ entitlement to weekly rest have to be granted on an exceptional basis and need to be justified in the light of all proper economic and social considerations. The mere fact that compensatory pay is offered to those working on a day of weekly rest is not sufficient ground for deviating from the general rule on weekly rest, nor does it permit employers to introduce exceptions at their own discretion. The Committee therefore asks the Government to take all necessary measures in order to determine in a clear and prescriptive manner the circumstances in which total or partial exceptions may be authorized while keeping in line with the requirements of Articles 4 and 5 of the Convention. Moreover, the Committee would appreciate receiving copies of the two General Collective Agreements to which reference was made in the Government’s report.

Article 7. Posting of notices. The Committee notes the Government’s indication that the general labour legislation of all three entities requires businesses with more than 15 employees to adopt works rules containing all necessary information on work organization, including weekly rest, and to post these rules at the workplace.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including for instance, extracts from reports of the labour inspection services showing the number and nature of contraventions reported, statistics on the number of workers covered by the relevant legislation, etc.