Maintenance of Social Security Rights Convention, 1982 (No. 157) - Kyrgyzstan (Ratification: 2008)

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

In order to provide a comprehensive view of the issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (worker’s compensation) and 157 (maintenance of social security rights) in a single comment.

Article 1 of Convention No. 17. Ensuring compensation to workers who suffer personal injury due to a work-related accident through effective provisions. The Committee observes that similar to the provisions of the Labour Code of 2004, the new Labour Code of 2025 requires the employer to provide compulsory social insurance for work-related accidents and occupational diseases (section 204(2)). However, the Government reiterates in its report that there is currently no legislation establishing compulsory social insurance for work-related accidents and occupational diseases. The Government further indicates that in the absence of compulsory social insurance, employers are required to ensure their civil liability “for harm caused to the life and health of workers in the course of employment” with a licensed insurance company under Act No. 194 of 2008. However, according to the Government, Act No. 194 of 2008 does not fully cover the employer’s liability to provide compensation in case of work-related accidents. As a result, employers must still pay significant additional benefits in the event of work-related accidents, such as payments for temporary incapacity for work, lump sum payments, and other expenses. In this respect, the Committee recalls the Government’s previous indication that the system established by Act No. 194 of 2008 places a heavy financial burden on employers, sets the stage for disagreements between the parties and results in numerous complaints and appeals to various state bodies. The Committee requests the Government to continue to provide information on any measures taken or envisaged to establish compulsory social insurance for work-related accidents and occupational diseases as provided for in the Labour Code of 2025.

Article 5 of Convention No. 17. Periodic payments in case of permanent incapacity for work or death. The Committee previously noted that the maximum amount of the compensation paid by the insurance company is limited and should not be less than one year of the worker’s salary. The Committee further notes that under section 225(1) of the Labour Code of 2025, compensation for loss of earnings provided by the employer is paid during the period of incapacity for work due to a work-related accident. The Committee requests the Government to indicate whether the employer is required to provide compensation to victims of work-related accidents who have permanent incapacity for work (disability) once the maximum amount paid by the insurance company is reached. Furthermore, the Committee requests the Government to specify the maximum duration for which compensation is provided to dependants of a worker who has died due to a work-related accident.

Article 9 of Convention No. 17. Medical, surgical and pharmaceutical aid free of charge. The Government indicates that under the new programme of State guarantees for the provision of medical care to citizens, adopted by Decision of the Cabinet of Ministers, No. 493, of 21 September 2023, urgent medical care is provided free of charge to all citizens. Furthermore, outpatient and in-patient medical care is provided free of charge to certain categories listed in Chapter 17 of the programme of State guarantees. The Committee notes that under clause 17 of paragraph 2 of Chapter 17, persons with a disability of groups I and II are entitled to outpatient and in-patient medical carefree of charge. The Committee requests the Government to indicate whether victims of work-related accidents who do not have a disability of groups I and II are provided with outpatient and in-patient medical carefree of charge.

Article 11 of Convention No. 17. Insolvency of the employer. The Committee requests the Government to indicate whether and in what manner the compensation is provided to victims of work-related accidents in case of the insolvency of the employer.

Article 4 of Convention No. 157. Social security agreements. The Committee takes note of the information provided by the Government concerning the social security agreement with the Government of Türkiye that entered into force in 2020, as well as the memorandum of cooperation with the Social Fund and the National Pension Service of the Republic of Korea. The Government also indicates that model draft social insurance agreements were elaborated and sent to various countries, including Spain and Sweden. The Committee requests the Government to continue to provide information on any evolution with regard to implementing the provisions of the Convention by way of concluding bilateral or multilateral social security agreements with the countries that have ratified the Convention, more specifically Congo, the Philippines, Spain, and Sweden.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 4 of the Convention. Social security agreements. In its previous comments, the Committee requested the Government to indicate the countries with which Kyrgyzstan is participating in schemes for the maintenance of rights in course of acquisition as well as the bilateral or multilateral agreements concluded in accordance with Article 4 of the Convention. The Committee takes note of the information provided by the Government in its report on article 98 of the Treaty on the Eurasian Economic Union (which includes Kyrgyzstan, Belarus, Kazakhstan and the Russian Federation), according to which social security (social insurance), except pensions, for workers from Member States and members of their families is provided under the same conditions and in the same way as for citizens of the State of employment. The Government also specifies that the work experience (insurance) of workers from Member States is included in the total work experience (insurance) for the purpose of social security, except pensions, in accordance with the law of the State of employment. The Committee further notes that pensions for workers from Member States and members of their families are regulated by the law of the State of permanent residence, as well as by separate international agreements between Member States that are currently being developed. Recalling that the objectives of the Convention is to ensure the maintenance of rights in course of acquisition and acquired rights in social security, as well as the provision of benefits abroad, the Committee requests the Government to keep it informed of any evolution with regards to implementing the provisions of the Convention by way of concluding bilateral or multilateral social security agreements, in particular with the countries which are members to the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

The Committee notes the succinct information contained in the Government’s first report received in October 2013 and would be grateful to receive additional information indicating the countries with which Kyrgyzstan is participating in schemes for the maintenance of rights in course of acquisition and the bilateral or multilateral agreements that have been signed with other countries, specifying the branches of social security to which they apply; the categories of persons to which they are applicable; and the arrangements for the reimbursement of the benefits provided (Article 4).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the succinct information contained in the Government’s first report received in October 2013 and would be grateful to receive additional information indicating the countries with which Kyrgyzstan is participating in schemes for the maintenance of rights in course of acquisition and the bilateral or multilateral agreements that have been signed with other countries, specifying the branches of social security to which they apply; the categories of persons to which they are applicable; and the arrangements for the reimbursement of the benefits provided (Article 4).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the succinct information contained in the Government’s first report received in October 2013 and would be grateful to receive additional information indicating the countries with which Kyrgyzstan is participating in schemes for the maintenance of rights in course of acquisition and the bilateral or multilateral agreements that have been signed with other countries, specifying the branches of social security to which they apply; the categories of persons to which they are applicable; and the arrangements for the reimbursement of the benefits provided (Article 4).