Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bosnia and Herzegovina (Ratification: 1993)

Article 3 of the Convention. Right of employers’ and workers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. Republika Srpska. In its previous comments, the Committee noted with interest that the Regulation on the registration of trade union organizations has now been amended so as to allow trade union representatives not permanently employed by the employer to submit an application for inclusion in the register. The Committee once again requests the Government to transmit a copy of the new regulation.

Interference in the activities of employers’ and workers’ organizations. In several of its previous comments, the Committee noted that section 20 of the Law on the associations and foundations of Bosnia and Herzegovina restricts the right to vote of officers in the internal bodies of the associations, including employers’ and workers’ organizations, where a conflict of interest may exist and indicated that this is an internal matter of such organizations and should be dealt with in their by-laws rather than in the Law. The Committee notes that article 11 of the Law on amendments to the Law on associations deletes section 20.

Federation of Bosnia and Herzegovina. Relationship with works councils. In its previous comments, the Committee asked the Government to take all the necessary steps to amend provisions which privilege works councils relative to trade unions, in particular as regards section 98 of the Law on labour, as amended by section 41 of the Decree of 15 August 2000, which enables the employer to organize collective dismissals in consultation with all trade unions representing 10 per cent of workers only if there is no works council in the enterprise. The Committee once again notes the Government’s indication that this issue will be resolved by the forthcoming changes and amendments to the Labour Law of the Federation of Bosnia and Herzegovina and again requests the Government to provide information in this regard.

The right to strike. Federation of Bosnia and Herzegovina. The Committee recalls that the Law on civil service in the Federation of Bosnia and Herzegovina does not govern the organizing and leading of strikes. Separate laws governing the issue of strikes in, inter alia, administration bodies and administration services in the Federation of Bosnia and Herzegovina will be prepared. The Committee notes that the Government indicates that the armed forces are entitled to organize in order to protect their own interests, and the only specific restriction concerns the right to strike, because this is an activity of vital importance. They are therefore not subject to the application of the Law on strikes. Recalling that the coverage of the provisions of the Convention relating to the armed forces is wholly a matter to be determined by national laws or regulations, the Committee once again requests the Government to indicate any measures taken with respect to strike action in administration bodies and services and to inform it as to the competent body specifically responsible in this regard.

Republika Srpska. In several of its previous comments, the Committee noted that sections 10 and 11 of the Law on strikes, 1998, authorize the employer to determine the minimum services and to assign workers to posts at least three days before the beginning of the strike, taking into consideration the opinion, suggestions and comments of the trade union, and that section 12(2) authorizes the competent public authority to secure the conditions for the provision of minimum service if the management fails to do so and to engage workers who are not employed by the enterprise if the minimum working service cannot be secured otherwise. The Committee notes the Government’s indication that there have been no changes in the Republika Srpska and requests the Government to inform it of any measures taken or contemplated in this regard.

Article 5. Right of organizations to establish federations and confederations and to affiliate with international organizations. Republika Srpska. The Committee previously noted that the Government indicated that the Regulation on the registration of trade union organizations had been amended to ensure trade union diversity. The Committee notes that the Government indicates that there have been no changes in Republika Srpska. The Committee once again requests the Government to transmit a copy of the amended regulation.