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

Minimum Age Convention, 1973 (No. 138) - Bosnia and Herzegovina (Ratification: 1993)

Article 3(2) of the Convention. Determination of hazardous work. Federation of Bosnia and Herzegovina (FBiH). The Committee previously requested the Government to take measures to ensure that a list of activities or occupations prohibited for persons below the age of 18 years is adopted pursuant to section 57 of the Labour Law of FBiH. The Committee notes the Government’s indication, in its report, that Rulebook No. 2/91 has been repealed and replaced by the Rulebook on the “Procedure of Assigning Workers to Jobs with Increased Risk and on the Procedure for Pre-employment and Periodic Medical Examinations of Workers Performing Jobs with Increased Risk” (Rulebook No. 9/23). The Committee notes that section 4 of Rulebook No. 9/23 defines “work with increased risk” as activities that result in injury, occupational disease, and damage to health, and provides that employers must identify such work activities through internal risk assessments. It also notes that under section 5, only workers who meet the conditions of age, sex, and health may be assigned to such work activities. It further notes that Annex I of Rulebook No. 9/23 lists 55 risk factors, including physical, chemical, biological, ergonomic, and psychosocial hazards, as a guideline to elaborate the risk identification assessments.

The Committee notes with regret that the Government provides no information on the application in practice of Rulebook No. 9/23, including whether it is binding and enforceable with penalties against employers who engage young persons under 18 years of age in hazardous work. The Committee reminds the Government that Article 3(2) of the Convention provides that the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary measures to ensure, pursuant to section 57 of the Labour Law of the FBiH, that a list of activities and occupations prohibited for persons under 18 years of age is adopted after consultation with the organizations of employers and workers concerned. In this regard, it requests the Government to provide information on the application in practice of Rulebook No. 9/23, including any cases involving children under 18 engaged in hazardous work listed in Annex I and any penalties imposed.

Brčko District. The Committee notes with regret the absence of information in the Government’s report regarding the adoption of a list of hazardous types of work prohibited for persons under 18, as required under section 75(1) of the Labour Law of the Brčko District No. 34/19 of 2019. The Committee once again strongly urges the Government to take the necessary steps, without delay, to ensure the adoption of legal provisions determining the types of hazardous work prohibited for persons under 18 years of age. It requests once again the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.