Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Bosnia and Herzegovina (Ratification: 1993)

Other comments on C100

Observation

Direct Request

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Article 1 of the Convention. Legislation. The Committee recalls section 8 of the Law on Gender Equality of 2003 in Bosnia and Herzegovina, which ensures equal wages and other benefits for the same work or work of equal value. The Committee also recalls that the definition of “equal value” as set out in the draft amendments to the Labour Law of the Federation of Bosnia and Herzegovina (FBiH) did not fully reflect the principle established in the Convention, as work of equal value is limited to work requiring the same level of qualification, the same capacity to work, and the same level of responsibility and of physical and intellectual work. The Committee notes the Government’s indication that the draft Labour Law of the FBiH was sent to the social partners for their observations, and it has not yet been adopted. The Committee also notes the Government’s indication that it considers that the definition of equal value in the draft Labour Law is in the spirit of the Convention. The Committee recalls that the concept of “work of equal value” must permit a broad scope of comparison, including encompassing work of an entirely different nature, requiring different qualifications, work capacity, level of responsibility, etc. The Committee again asks the Government to ensure that the definition of “work of equal value” in the amendments to the Labour Law of the FBiH is revised so as to give full expression to the concept of “work of equal value” as set out in the Convention, and also to consider adding a definition of “remuneration” in the draft to make it clear that it includes the “ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (Article 1(a) of the Convention). Please also provide information on the status of the adoption of the amendments to the Labour Law of the FBiH, and provide a copy once they are adopted.

The Committee recalls the Government’s reference to the definition of “work of equal value” in the legislation in the Brcko District and in the Republika Srpska. It notes that the Government repeats its explanation that section 4 of the Labour Law of Brcko District prohibits any kind of discrimination including based on sex, and that there are no differences in awarding wages on the basis of gender, and that section 5 of the Labour Law of the Republika Srpska prohibits discrimination based on gender in the realization of labour rights. The Government adds that in the Brcko District, methods for the determination of rates of remuneration are not regulated in the legislation, but new amendments to the Labour Law, which are in the process, will address this issue. The Committee again draws the Government’s attention to the fact that only prohibiting sex-based wage discrimination generally will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (see General Survey on fundamental Conventions, 2012, paragraph 676). The Committee also notes the Government’s indication that the Republika Srpska is currently in the preparatory phase and conducting social dialogue at the highest level in order to prepare an action plan for the development of the new Labour Law. The Government indicates further its willingness to apply the Convention fully in the formulation of the amendments. The Committee therefore asks the Government to ensure that in the process of adopting the new Labour Law in the Republika Srpska and in the amendment to the Labour Law of the Brcko District, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to provide information on any developments in this regard.

Article 2. Machinery for wage determination and collective agreements. The Committee notes that the Government repeats its explanation that in collective agreements pay is linked to the job and its complexity, and a worker who belongs to a particular group of complexity has the same benefits regardless of sex. It also notes the Government’s indication that the Government will seek to prescribe the equality of remuneration of workers regardless of gender as a main principle and impose it as binding, and that it will ensure that the social partners are aware of the comments of the Committee. The Committee asks the Government to indicate the concrete measures taken, in collaboration with the employers’ and workers’ organizations, to harmonize collective agreements with section 8 of the Law on Gender Equality, and to encourage the incorporation of the principle of the Convention into collective agreements, including any awareness-raising activities on this subject. The Committee also asks the Government to indicate how it is ensured that in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Article 3. Objective job evaluation. The Committee recalls the Government’s previous indication that the Government of the FBiH has not taken specific action to promote the use of objective methods for assessing work in the public and private sectors, and notes that the Government’s report does not contain any further information in this respect. Recalling that in order to eliminate disparities in the remuneration levels of men and women, it is important to determine the relative value of jobs through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee asks the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in the public and private sectors.

Parts III–V of the report form. The Committee notes the statistical information provided by the Government on the employment of women in the FBiH, disaggregated by industries and sectors. In 2010, women constituted 39.2 per cent of the employed persons, and women were concentrated in sectors such as wholesale and retail trade/repair of motor vehicles, manufacturing, education, and health and social work. The Committee also notes the Government’s indication that the courts have not made any decisions relating to non-compliance of the Convention. The Committee asks the Government to provide statistical information, disaggregated by sex, on the earnings of men and women, according to industry and occupation, and to indicate if any study has been conducted to address the issue of occupational gender segregation. It also asks the Government to provide any judicial or administrative decisions related to the principle of the Convention, as well as information on the training provided for judges and law enforcement officials on the principle of the Convention, including the activities of the Agency for Gender Equality of the FBiH and the FBiH Gender Centre.