Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Bosnia and Herzegovina (Ratification: 2010)

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that public procurement in Bosnia and Herzegovina (BiH) is governed by the state-level Law on Public Procurement (Official Gazette of BiH Nos 39/14, 59/22 and 50/24). It also noted the concerns of the Republika Srpska that the competent authorities did not determine the extent or manner of application of the Convention to contracts awarded by authorities other than central authorities. It thus requested the Government to indicate measures ensuring the Convention’s application across all entities and any exemptions under Article 1(4) and (5). The Committee notes that, in its report, the Government merely states that there have been no changes during the reporting period affecting the application of the Convention. The Committee recalls once again that the Convention requires that the central authority be either the federal authority, a central authority or a constituent unit and the scope of application of the legislation on labour clauses in public contracts may extend to contracts concluded by authorities other than those of the central government (General Survey concerning labour clauses in public contracts, paras 70 and 72). The Committee thus reiterates its request to the Government to provide information on the specific measures taken or envisaged to ensure the application of the Convention across all entities and any exemptions under Article 1(4) and (5).It also requests the Government to provide samples of public procurement contracts awarded by authorities other than central authorities.

Article 2. Inclusion of labour clauses in public contracts. In its previous comments, the Committee noted that public contracts in the Republika Srpska and in the Federation of Bosnia and Herzegovina (FBiH) were governed by general legislation applicable to all workers. Having noted that the general applicability of labour legislation to all workers is insufficient to meet the requirement specified in Article 2 of the Convention (General Survey concerning labour clauses in public contracts, para. 45), it requested the Government to provide information on the specific measures taken or envisaged to ensure the effective implementation of the Convention. The Committee notes the Government’s indication in its report that the Law on Labour of FBiH establishes the minimum employment rights and stipulates that collective agreements, work regulations, or employment contracts may not provide less favourable terms, and that where such rights are regulated differently the provisions most favourable to the employee shall apply. The Government also reports that the General Collective Agreement for the FBiH is no longer in effect, and that therefore the minimum wage is determined in consultation with the Economic and Social Council. Furthermore, in response to the Committee’s previous comments, the Government indicates that the labour administration has no information on specific measures taken to ensure the effective implementation of the Convention.

In light of the above, the Committee draws the Government’s attention to the fact that the Convention requires that working conditions ensured by labour clauses in public contracts to which the Convention is applicable should not be less favourable than the conditions fixed by way of either collective agreements, arbitration awards, or national legislation, given that, in many cases, minimum standards set by national legislation regarding wages and conditions of work may be exceeded by collective agreements or otherwise. Indeed, the purpose of the Convention is to ensure that workers employed for the execution of public contracts enjoy wages and other working conditions at least as favourable as those prevailing in the locality and normally established for the type of work concerned, whether established by collective agreement or otherwise, where the work is carried out. This has the effect of setting the best standards already established in the locality as minimum conditions for public contracts. The additional aim is that local standards higher than those established by law (which in practice means the most advantageous labour conditions) should be applied, where they exist.

The Committee notes with concern the Government’s admission that the labour administration has no information on specific measures to implement the Convention. The Committee requests the Government to take all appropriate measures to ensure that the legal framework applicable to public procurement contracts expressly provides for the insertion of a labour clause that: (i) is included in the actual contract signed with the contractor, and not merely in the tender documents; and (ii) explicitly requires the contractor to comply with the wages and working conditions established by collective agreements or arbitration awards applicable in the locality where the work is carried out (Article 2(1) and (2)).

Articles 4 and 5. Notice and sanctions.Application of the Convention in practice. In its report, the Government indicates with regard to the FBiH that, to date, no disputes related to non-compliance with the provisions of the Convention have been reported and that the Federal Ministry of Labour and Social Policy has no information on its implementation. The Committee reiterates its request for information on the measures taken to ensure effective enforcement. The assertion that no disputes have been reported, combined with the Ministry’s lack of information on implementation, suggests a critical failure in the monitoring and inspection system, rather than evidence of compliance. The Committee also requests the Government to provide specific information on: (i) the measures taken to ensure that the laws and the working conditions secured by the clause are brought to the notice of all persons concerned (Article 4); (ii) the legislative measures taken or envisaged to ensure that sanctions are provided for and effectively applied in case of non-observance of the labour clauses, in all Entities (Article 5); an overview of the manner in which the Convention is applied in all Entities, including extracts from official reports on labour inspections of public contract execution, and information on any practical difficulties encountered.