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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Kyrgyzstan (Ratification: 2005)

Article 11 of the Convention. Insolvency of insurance companies. The Committee takes note of the Government’s reiterated indication in its report that the Act on Compulsory Insurance of the Employer’s Civil Liability for Causing Harm to the Life and Health of an Employee in the Performance of Labour (Official) Duties, No. 194, 2008, does not provide for compensation to workers who suffered a work-related accident in case of liquidation or bankruptcy of insurance companies. The Committee recalls that under Article 11 of the Convention, the national laws or regulations shall make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workers who suffer personal injury due to industrial accidents, or, in case of death, to their dependants. The Committee, therefore, requests the Government to take the necessary measures to bring its legislation into conformity with Article 11 of the Convention.

The Committee recalls that the ILO Governing Body at its 346th Session (October–November 2022), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 17 as outdated, and placed an item on the Agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation.

The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, concerning employment injury benefits, including the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI). The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 346th Session (October–November 2022) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

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