Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee takes note of the text of the Work Protection Act, 2008 provided by the Government and will examine this text as soon as a translation is available.

Follow-up to the recommendations of the tripartite committee
(representation made under article 24 of the Constitution of the ILO)

Articles 12(1)(a) and (b), and 18 of the Convention. Right of entry of labour inspectors. Penalties for obstructing labour inspectors in the performance of their duties. The Committee recalls that a representation submitted to the ILO on 9 October 1998 pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) stated that the federal labour inspectorate and the cantonal labour inspectorate had never been able to obtain the authorization of the cantonal minister responsible for labour to conduct an inspection visit in the factories concerned (Aluminij dd Mostar and Soko dd Mostar) in order to verify the allegations of the abovementioned trade unions. The tripartite committee of the ILO Governing Body responsible for examining the representation noted, in particular, that the fact that the cantonal labour inspector was obliged to request the authorization of the cantonal Minister before being able to conduct an inspection visit was not in conformity with Article 12(1), of Convention No. 81 and requested that the follow-up to the case be entrusted to the Committee of Experts. In the framework of the follow-up, the Committee had addressed an observation to the Government from 2000 until 2005 requesting that all appropriate steps be taken as soon as possible to remove the requirement in the legislation whereby labour inspectors must seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection. The Government’s report sent in 2006 appeared to indicate that none of the laws on inspections contained any provision obliging labour inspectors to obtain authorization to be able to enter an enterprise and the Committee thereby concluded that, if such an authorization were required in practice, this was contrary to the law. In its 2006 report, the Government had also indicated that random inspections had been carried out in the specific enterprises in question in March 2000 and that measures had been ordered by the chief federal inspector; however, the Government had not specified whether measures had been taken to abandon the practice of having to request authorization or to penalize the officials responsible for it.

The Committee notes the information provided by the Government in its latest report in relation to the legal provisions which prohibit obstruction of inspectors’ access to workplaces and the penalties established in the law in case of violation of this prohibition (section 67(3) of the Act on Inspections of the Federation of Bosnia and Herzegovina which provides that inspectors are entitled to inspect all workplaces and section 85 of the Act on Inspections of the Republika Srpska which provides for a fine of 2,000 up to 20,000 convertible marka (BAM) if an enterprise fails to allow smooth access to the inspector for supervision purposes). The Committee notes that the Government is not aware of any cases involving obstruction of the work of labour inspectors in the Federation of Bosnia and Herzegovina or the Republika Srpska in the reporting period. The Government adds that the powers of inspectors laid down in the Act on Inspections of the Brcko District of Bosnia and Herzegovina are compatible with the powers stated in Article 12 of the Convention. While noting this information, the Committee is bound to observe that it does not address the issue of whether labour inspectors are required to seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection.

The Committee requests the Government once again to indicate in its next report the steps taken or envisaged to abandon the practice of having to seek authorization from the supervisory authority in order for labour inspectors to be able to exercise their right of entry to workplaces and premises liable to inspection in the Federation of BiH. The Government is requested in particular to: (i) indicate the legal provisions which guarantee the right of labour inspectors, provided with proper credentials, to enter any workplace under their supervision without having to obtain authorization from the supervisory authority; and (ii) to furnish any relevant administrative decision or circular containing instructions ensuring the exercise of inspectors’ free right of entry to workplaces under their supervision. The Committee also requests the Government to specify the state of law and practice in this regard in the Republika Sprska and the Brcko District.