Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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.

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

Article 2 of the Convention. Weekly rest period. The Committee recalls its previous comment in which it noted the comments of the Confederation of Trade Unions of the Republika Srpska concerning serious problems of implementation of the labour laws in the territory of Bosnia and Herzegovina, and in particular the violation of the legal provisions on weekly rest both in the public and private sectors. In addition, the workers’ organization drew attention to the problem of grey economy, or informal sector, which represents more than 40 per cent of the workforce and which openly contravenes all legal provisions on working hours, weekly rest or annual leave. The Committee again asks the Government to provide its views with regard to the observations of the Confederation of Trade Unions of the Republika Srpska in order to enable the Committee to better evaluate the manner in which the Convention is implemented in law and practice.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report on the application of the Convention and wishes to draw its attention to the following points.

Article 4 of the Convention. The Committee notes that section 39 of the Labour Law of the Federation of Bosnia and Herzegovina, section 50 of the Labour Law of the Republika Srpska, and section 31 of the Labour Law of the Brcko district provide that, when necessary, workers may be called upon to work on the day of their weekly rest without, however, specifying the reasons for which the worker’s entitlement to weekly rest may be suspended or reduced. While noting the Government’s statement that employers’ and workers’ representatives were consulted in drafting this provision, the Committee requests the Government to clarify whether the total or partial exceptions to weekly rest are authorized having special regard to all proper humanitarian and economic considerations, as required under this Article of the Convention. In this connection, the Committee wishes to emphasize that the guarantee of a weekly rest is an essential safeguard for the health and welfare of workers and therefore any exceptions must be limited to what is strictly necessary. The Committee further notes that, in case of exceptional work on the day of weekly rest, the labour laws of all three entities provide for compensatory rest to be granted according to the time schedule agreed upon between the employer and the employee. The Committee recalls, in this regard, that workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee refers to paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. The Committee notes that according to the Government’s report, each employer is obliged to issue an internal regulation determining the day of weekly rest in advance, to post this regulation on a visible place and to make it accessible to all workers. It requests the Government to indicate the specific provision in the labour legislation of each of the three entities that lays down the obligation of employers to keep workers duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, any available statistics on the number of workers covered by the relevant legislation, reports on labour inspection visits and the results obtained, the number and nature of contraventions observed, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest that the Government’s first detailed report on the application of this Convention, the ratification of which was registered in 1993, has now been received. It also notes the observations made by the Confederation of Trade Unions of the Republika Srpska referring to serious problems of implementation of the labour laws in the territory of Bosnia and Herzegovina. According to these comments, the legal provisions on weekly rest are violated in the public and the private sectors alike, the situation being especially difficult in commerce and among women workers due to the fact that most stores are open almost 24 hours. The workers’ organization also refers to the problem of the grey economy or informal sector which represents well beyond 40 per cent of the workforce and which leaves matters such as working hours, weekly rest or annual leave totally unregulated. The Committee asks the Government to transmit any comments it may wish to make with regard to the observations of the Confederation of Trade Unions of the Republika Srpska so that these points be examined at its next session.

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