Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Termination of Employment Convention, 1982 (No. 158) - Bosnia and Herzegovina (Ratification: 1993)

Other comments on C158

Observation

2001

Direct Request

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The Committee notes the information provided in the Government’s report received in August 2011 in reply to the 2009 direct request. The Committee notes that no decisions of the Supreme Court of the Federation of Bosnia and Herzegovina (FBiH) were rendered with regard to the application of sections 87 and 88 of the Labour Code of the FBiH on valid reasons for termination of employment. It further notes that in the Republika Srpska the labour inspectors and the courts of general jurisdiction are competent to settle disputes regarding unlawful termination of employment. The largest number of disputes in the Republika Srpska relate to the unlawful termination of employment at the initiative of the employer. The Committee invites the Government to supply in its next report information on the manner in which the provisions of the Convention are applied in practice in the three entities of the country, including, for example, statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination (Article 4 of the Convention), the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form).

Article 5(b). Invalid reason for termination of employment: seeking office as, or acting or having acted in the capacity of, a workers’ representative. The Committee notes the indication provided in the report on a decision of the Federal Ministry of Labour and Social Affairs of the FBiH which granted the approval to dismiss a union representative. The Committee also notes that section 78 of the Labour Act of the Brcko District provides for the manner in which a union representative’s employment contract may be terminated. The Committee invites the Government to provide information on the practical application of Article 5(b) of the Convention in the three entities of the country.

Article 5(c). Invalid reason for termination of employment: filing of a complaint or participation in proceedings against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities. The Committee once again requests the Government to provide concrete examples of the manner in which Article 5(c) is applied in the three entities of the country.

Article 5(d). Invalid reasons for termination of employment: race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. The Committee notes the Government’s intention to monitor the publication of the decisions of the Supreme Court of the FBiH and submit the decisions related to the violation of section 5 of the Labour Code of the FBiH (non-discrimination in respect of employment) as soon as they become available. The Committee would welcome receiving the text of court decisions on termination of employment in breach of section 5 of the Labour Code of the Federation of Bosnia and Herzegovina. It also invites the Government to provide information on the practical application of Article 5(d) of the Convention in the other entities of the country.

Article 5(e). Invalid reason for termination of employment: absence from work during maternity leave. The Committee once again requests the Government to provide information on the practical application of Article 5(e) of the Convention in the three entities.

Article 6(2). Temporary absence from work because of illness or injury. The Committee notes a decision of a cantonal court in the FBiH confirmed by the Constitutional Court, regarding the violation of the prohibition of termination of employment for temporary absence from work because of illness or injury (section 64 of the Labour Code of the FBiH). The Government indicates that section 53 of the Labour Act of the Brcko District provides that an employer may not terminate the employment contract of an employee who is temporarily absent from work due to injury or occupational disease. Moreover, according to section 56, the employer may terminate the employment of a worker with reduced ability to work due to occupational injuries or diseases only with the consent of a labour inspector. The Committee would welcome receiving information on the application of Article 6(2) of the Convention in the three entities.

Article 7. Procedure prior to termination. The Government indicates that the Labour Act of the Brcko District provides that in case of termination of employment due to the employee’s behaviour (sections 74–81), the employer is required to allow the employee to present a defence to the allegations made. The Committee invites the Government to provide the text of court decisions on the application of Article 7 of the Convention in the three entities as they become available.

Article 12. Severance pay or other income protection. The Committee notes the income protection mechanisms applicable to workers whose employment has been terminated in the FBiH and the Republika Srpska. The Government supplied statistical data on beneficiaries of unemployment benefits in the cantons of the FBiH as of February 2011. The Committee would welcome receiving information on the practical application of Article 12 of the Convention in the three entities.

Article 14. Notification to the competent authority. The Committee once again requests the Government to indicate in its next report the provision in force in the Republika Srpska and Brcko District which give effect to Article 14 of the Convention.