Press statement | 28.11.2022

All representative unions must have equal rights in collective agreement conclusion procedure

IHROBiH received a complaint from the Trade Union of Local Self-Governance, Administration and Public Services of the Republika Srpska stating that they, as a representative trade union, were denied the right to negotiate when the collective agreement was concluded.

In its opinion, IHROBiH pointed to the Ministry of Labour, War Veterans and Disabled Persons Protection that they as a negotiating party could not ignore several important facts, namely that it is a contract as a type of contractual relationship, that this contract can derogate certain provisions of the law provided they are more favourable to workers and that the contract is in force.

Participants in concluding the Agreement on the Extension of the Special Collective Agreement for Employees in Public Services of the Republika Srpska are definitely of the opinion that it is an extension of the already existing Collective Agreement with already defined contracting parties. A special collective agreement, as a separate type of contractual relationship, grants the contracting parties the exclusive right and obligation to adhere to contractual rights and obligations, i.e. to the way on how to protect the rights in case the contract is not complied with.

On the other hand, the Special Collective Agreement carries a certain weight in terms of exercising the rights of workers, in particular those employed in the public administration, by contracting greater rights than those provided for by the law for employees in the public administration. Therefore, IHROBiH is of the opinion that the role of the Trade Union of Local Self-Governance, Administration and Public Services of the Republika Srpska as a representative trade union cannot be ignored. The competent Ministry had to have this fact in mind and conduct a consultation procedure pursuant to the Labour Act. The stages of concluding a special collective agreement set forth by the Act and all facts concerning the application of the Act in the case had to be taken into account by the Ministry which the Republika Srpska Government authorised to conclude the Contract, especially bearing in mind that the provisions of the contract apply also to Trade Union members.

Although the adoption of the Agreement on the Extension of the Special Collective Agreement for Employees in Public Services of the Republika Srpska does not diminish the rights of employees in public services provided for by the Act, the Ministry had to take account of including and considering proposals from all stakeholders of the Special Collective Agreement. That is why the Act envisages separate negotiation stages. The fact that this Trade Union is not a signatory party to the Special Collective Agreement for Employees in Public Services of the Republika Srpska is stated as the only reason for not involving the Trade Union of Local Self-Governance, Administration and Public Services of the Republika Srpska in the process for extending the Contract. However, since the Contract has been unilaterally extended two times by the Government, this provides a completely different concept to the Contract as a contractual relationship.

IHROBiH issued Recommendation P-305/22 to the competent Ministry, instructing it to take measures so that all representative trade unions have equal rights in the collective agreement conclusion procedure.

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