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Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Bosnie-Herzégovine

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1993)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1993)

Autre commentaire sur C081

Observation
  1. 2013
  2. 2010
  3. 2007
  4. 2005
  5. 2004
  6. 2003
  7. 2001
  8. 2000
  9. 1999
Demande directe
  1. 2022
  2. 2016
  3. 2013
  4. 2010
  5. 2008
  6. 2007

Other comments on C129

Demande directe
  1. 2022
  2. 2016
  3. 2013
  4. 2010
  5. 2008

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions No. 81 (labour inspection) and No. 129 (labour inspection in agriculture) together.
Article 3(1)(a), (b) and (2) of Convention No. 81 and Article 6(1)(a), (b) and (3) of Convention No. 129. Labour inspection activities in the area of undeclared work, including in relation to migrant workers. The Committee notes that, in reply to its previous comment, the Government indicates that, in the Federation of Bosnia and Herzegovina (the Federation), the activity reports of the Federal Administration for Inspection Affairs (FAIA) for 2017 and for the month of May 2018 contained no data on registered instances of irregular migrant workers. Moreover, the Government indicates that, in the Republica Srpska, the Law on Employment of Foreigners and Stateless Persons prescribes special conditions and procedures for the employment of foreigners, including actions that labour inspectors should take when they encounter foreign workers in an irregular situation. It adds that a new law on the employment of foreigners is being developed in the Republica Srpska, which will define the rights and conditions of employment of foreign workers, including migrant workers. The Committee requests once again that the Government provide specific information on the procedures applied when labour inspectors detect migrant workers in an irregular situation, including whether they are obliged to report migrant workers without the required work or residence permit to the immigration authorities, the police or other bodies for further action.It also requests the Government to provide updated information on any legislative developments in the Republica Srpska with respect to the employment of foreign workers, including migrant workers.
Articles 4 and 5(a) of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Supervision and control over the labour inspection system by a central authority or the central authority of a federated unit, and cooperation between inspection services. In reply to the Committee’s previous comment, the Government indicates that the labour inspection services in the Republica Srpska are organized following a dual system, that is, labour inspectors are employed within local self-government units and in the Inspectorate at the level of the Government of the Republica Srpska. The Government further indicates that because the responsibilities between the Inspectorate and local self-government unit were not divided, the current practice leads to certain confusion and different approaches to the same or similar cases. The Government adds that the labour inspection services of the Republica Srpska cooperate with the inspection services of the Federation and Brčko District through joint actions. This cooperation is achieved, for example, with respect to inspections resulting from requests or complaints when there is a question regarding jurisdiction. In these cases, the requests are shared with the cantonal offices of labour inspection in the Federation or with the Brčko District. The Committee also notes the adoption of a new Law on Inspections of the Republica Srpska in 2020. As for the Federation, labour inspection is organized within the FAIA and the ten cantonal inspectorates. The Committee notes the Government’s indication that, according to the new Occupational Safety and Health (OSH) Law (No. 79/20) that came into force in November 2020 in the Federation, the federal inspector cooperates with the competent cantonal inspectors during inspections on issues that are of mutual interest and provides them professional assistance. The OSH law also indicates that for the purpose of uniform implementation of the law, the federal inspector may issue appropriate instructions to the cantonal inspectors. The Committee notes the Government’s indication that the issue of non-alignment of laws does not exist in practice given the fact that very few cantons have adopted cantonal labour laws, and all of those that have adopted legislation have aligned it with the law of the Federation. The Committee requests the Government to continue to provide information on the measures taken or envisaged to enhance coordination and coherence of the labour inspection systems between the two entities of Bosnia and Herzegovina and the Brčko District. Moreover, the Committee requests the Government to provide detailed information on the measures taken, in practice, to provide for enhanced cooperation and coordination between the FAIA and the cantonal inspection services in the Federation. Regarding the labour inspection system in the Republica Srpska, the Committee requests the Government to provide information on the structure and division of competencies between the self-government units and the Inspectorate provided in the new Law on Inspections and to indicate the measures taken in order to ensure coordination and cooperation between these two levels of government.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22, 23 and 24 of Convention No. 129. Dissuasive penalties and effective enforcement of labour law violations. Cooperation with the judicial system. The Committee notes that the fines provided for in the 2020 OSH Law of the Federation are higher than those provided in the previous OSH Law. The Committee notes, however, that no information was provided by the Government on the penalties imposed and fines collected during the reporting period. In the Republica Srpska, the Committee notes that powers, procedures and appropriate sanctions for the purpose of more efficiently addressing informal work are regulated through various legislative texts, such as the Law on Amendments to the Law on the System of Public Services, the Law on Amendments to the Law on Handicraft Entrepreneurial Activity, the Law on Amendments to the Law on Tax Procedure, and the Law on Inspections. The Committee notes that according to the report of the Inspectorate of the Republica Srpska for 2021, for misdemeanours, there are almost no cases where the court imposed a higher penalty than the minimum prescribed by law. According to the inspection report, this defeats the purpose of prescribing fines in a range of minimum and maximum amounts. The Committee also notes that according to the inspection report, in order to improve the work of the Inspectorate, it is necessary to consistently monitor the collection of fines imposed through misdemeanour orders and promptly take actions with the Tax Administration to collect unpaid fines. Finally, the Committee notes that the labour inspection report includes information on the enforcement activities conducted by the Inspectorate and by the self-government units and on the amount of fines collected for misdemeanours. The Committee requests the Government to provide information on the practical application of the penalties provided in the new OSH law in the Federation. The Committee also requests the Government to provide information on the enforcement activities undertaken in the Federation and in the Brčko District, including on the number of violations detected, the infringement reports issued, the cases reported to the courts, the penalties imposed, and the fines collected. The Committee also requests the Government to provide information on the measures adopted in the Republica Srpska in order to ensure that the penalties imposed by courts for cases referred to by labour inspectors are sufficiently dissuasive. It also requests the Government to continue to provide information on the penalties imposed for the effective enforcement of labour law violations conducted by the self-government units and the Inspectorate in the Republica Srpska.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations (including in relation to agricultural undertakings). The Committee notes that according to section 7(a) of the previous Law on Inspections in the Republica Srpska, the Committee for Inspection Affairs was in charge of coordinating the activities and processes with employers’ and workers’ organizations, local self-government units and government representatives on questions relating to the application of labour inspection legislation. The Committee notes that the Government does not indicate if this arrangement is foreseen in the new Law on Inspections of the Republica Srpska. Noting the absence of information on the matter, the Committee requests once again the Government to provide information and examples of arrangements made to further enhance collaboration between the labour inspection services and employers’ and workers’ organizations in the Federation, in particular with regard to agricultural enterprises. It also requests the Government to provide information on the mechanisms for collaboration between the labour inspection services and employers’ and workers’ organizations established in the new Law on Inspections of the Republica Srpska, including any arrangement concerning the agricultural sector.
Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the Labour Inspectorate of the Republica Srpska had no special training in the area of agriculture. In the Federation, the Committee notes that the Government refers to provisions of the Law on Inspections prescribing conditions of professional development, without providing specific information on training sessions actually held. With regard to the conditions of employment of labour inspectors, the Government indicates that, in the Republica Srpska, these are determined according to the Law on Civil Servants and the Law on Inspections, and that the salary of labour inspectors and monthly travel allowances are regulated in the same manner as for all other civil servants in the public administration. As for the Federation, the Government indicates that labour inspectors are civil servants who have an appropriate university degree with at least three years of work experience. They are selected via public competition and, after a satisfactory completion of the probationary period, they enter the position of inspector without limits on term in office. Their employment status is regulated by the Law on Civil Service. The Committee once again requests the Government to provide more detailed information on the training activities for labour inspectors (content, duration, frequency, and number of participants, etc.), including on subjects relating specifically to agriculture. It also requests that the Government provide information on the conditions of service of labour inspectors at all levels of government, more specifically on their remuneration, career prospects and employment tenure in comparison to those of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.
Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources available to the labour inspection services, including transportation facilities. In reply to the Committee’s previous comment, the Government indicates that in the Federation the composition of the labour inspectorate, within the FAIA, includes three employees for the area of labour protection, including one officer acting as head of the federal labour inspectorate, and another authorized to conduct activities in the area of complaints and legal protection. The Government notes that there are currently two employees covering occupational safety and health matters. The Government also indicates that the inspectorate of the Federation is currently performing its functions with fewer inspectors than the those foreseen in the organizational structure of the FAIA. The labour inspectors of the Federation have appropriately equipped and available offices, appropriate technical devices (computers, laptops, copying and scanning machines), as well as four official vehicles available to perform their duties. Travel and other expenses are reimbursed to labour inspectors. With respect to the Republica Srpska, labour inspectors may obtain travel allowances when the inspection is conducted in a territory which is administratively covered by another organizational unit. However, the Government indicates that this procedure is rarely used due to budgetary limitations. For the purpose of on-site inspections, labour inspectors often share vehicles with other inspectors. The Committee notes the Government’s indication that the number of vehicles is not adequate when considering the number of inspectors and the territory covered. The Government also indicates that, in the Republica Srpska, as of April 2021, all nine local self-government units had one filled position of labour inspector. The Government indicates that there were 33 labour inspectors in the Inspectorate as of December 2020 but notes that a large share of labour inspectors are close to retirement age. In this regard, the Government states that 18 labour inspectors are over the age of 60, a significant number of inspectors are aged between 50 to 60, and only two inspectors are younger than 40. With respect to the Brčko District, the Government indicates that the offices of labour inspectors are not adequately equipped in accordance with the needs of the service and that the number of vehicles for labour inspectors is not sufficient. The Government notes that the adoption of legislative texts is currently under way to provide for the reimbursement of expenses incurred by inspectors. The Committee requests that the Government continue to provide detailed information on the number of labour inspectors, at all levels of government, including the cantonal entities in the Federation, and on the material resources available to inspectors in both entities and the Brčko District.With respect to the Brčko District, the Committee requests the Government to provide further information on the reimbursement of expenses, including travel expenses, as well as measures taken to improve the offices and equipment available to labour inspectors.
Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129. Right of free entry of labour inspectors. The Committee notes that section 21 of the Law on Inspections of the Brčko Districts provides for the right of labour inspectors to enter freely workplaces and premises liable to inspection. The Committee takes note of this information which addresses its previous request.
Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Powers of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that the powers of labour inspectors, including labour inspectors in the Central Bosnia Canton, are determined by the Law on Inspections of the Federation. When labour inspectors establish a violation of laws or regulations, they have the power and obligation to order various measures, including preventive measures, specific actions to be taken within a certain deadline, administrative actions, and fines. The Committee notes that according to the new OSH Law of the Federation, if labour inspectors determine that there is an imminent threat to a worker’s life or health, they may issue an order prohibiting work from being carried out at the workplace. The Committee also notes that the labour inspection report of the Republica Srpska of 2021 provides information on the number of administrative measures (including orders to the employers to eliminate identified deficiencies within a specified time limit), violation warrants, and misdemeanour orders issued by labour inspectors. The Committee requests the Government to provide data on preventive measures adopted by labour inspectors at all levels of government when they have reasonable cause to believe that defects in workplaces constitute a threat to the health or safety of workers (Article 13(1) of Convention No. 81 and Article 18(1) of Convention No. 129), and the results of such measures. The Committee also requests the Government to provide information on preventive measures with immediate executory force in the event of imminent danger to the health or safety of workers adopted by labour inspectors at all levels of government (Article 13(2) of Convention No. 81 and Article 18(2) of Convention No. 129), and the results of such measures.
Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint. Frequency and thoroughness of inspection visits. In reply to the Committee’s previous comment, the Government indicates that in the Federation, labour inspectors conducted a total of 93 inspections in 2017, of which 44 were regular inspections, one target inspection and 48 re-inspections. With respect to the Republica Srpska, labour inspectors conducted 3,852 inspections in 2021, of which 1,187 were conducted following a complaint. The Committee also notes that according to the report of the Inspectorate of the Republica Srpska for 2021, the fact that there is a very high percentage of inspections performed as a result of a complaint greatly complicates the planned approach to performing inspection controls. The Committee notes the absence of information on the number of labour inspection visits that were routine visits and those that were made in reaction to a complaint in the Brčko District. The Committee requests the Government to continue to provide updated statistical information on the number of labour inspection visits conducted in both entities and the Brčko District, by indicating whether they are routine inspections or visits conducted as a result of a complaint, including specific information concerning the agricultural sector. Noting the indication of the Government regarding the high number of reactive inspections conducted in the Republica Srpska, the Committee also requests the Government to provide information on the measures taken in order to ensure (i) that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions; and (ii) confidentiality concerning the fact that an inspection visit was made in response to the receipt of a complaint.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. The Committee notes the annual reports on the work of the labour inspectorate of the Republica Srpska up to the year 2021 in Serbian language, received with the Government reports. The Committee also notes that the last annual labour inspection report of the Federation received by the Office dates back to 2017. The Committee notes once again that no annual labour inspection report for the Brčko District has been received. The Committee requests that the Government pursue its efforts to ensure that labour inspection reports for the Federation and the Brčko District are published and communicated to the Office and that they contain information on all subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. It also requests the Government to continue to publish and communicate to the Office the labour inspection report for the Republica Srpska, and to ensure that this report contains statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); and statistics of industrial accidents and occupational diseases (Article 21 (f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129).
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