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.

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

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.

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 2020, published 109th ILC session (2021)

Article 1 of the Convention. Ensuring compensation to workers who suffer personal injury due to a work accident through effective provisions . (i) Employer’s liability system. The Committee takes note of the information provided by the Government in reply to its request for clarification on the provisions of its national legislation regulating the payment of compensation and benefits to victims of industrial accidents and their dependents, and to its invitation to give a general appreciation of the manner in which the Convention is applied. The Government indicates that compensation in case of incapacity for work or death of a worker due to a work-related injury is provided by their employers, who have the obligation, under Law No.194, 2008, to insure their civil liability “for harm caused to the life and health of workers in the course of employment” with a licensed insurance company. The Committee also notes that, according to the Government, this system serves the interests of insurance companies and places a heavy financial burden on employers who still have to pay significant amounts of other benefits in case of employment injury, such as benefits for temporary incapacity for work, lump-sum payments, and additional expenses. The Government considers that this system sets the stage for disagreements between the parties and results in numerous complaints and appeals to various state bodies.

(ii) Social insurance system. The Committee further notes the indication by the Government that, although section 211 of the Labour Code and section 11 of the Act No. 167 on Occupational Safety and Health, 2003, require employers to insure their workers against industrial accidents and occupational diseases by way of mandatory social insurance, there is currently no legislation regulating this matter. The Committee also observes that, pursuant to Law No. 57 of 21 June 1997 on the State Pension Social Insurance and according to the database of the International Social Security Association (Social Security Programs Throughout the World, 2018), victims of work injury who suffer a permanent disability and their dependents, in case of death, are entitled to a pension, paid at the same rate and under the same conditions as pensions provided in case of disability and survivorship under the general pension scheme.

The Committee observes that workers’ compensation in Kyrgyzstan is provided through a combination of employers’ liability, private insurance and social insurance schemes, implemented to a varying extent. Taking note, in particular, of the information provided by the Government on the systemic issues faced by the employers’ liability system established by Law No.194, 2008, the Committee requests the Government to take the necessary measures to address the abovementioned issues with a view to ensuring the effective provision of compensation to all workers injured in the course of employment or to their dependents in case of death, in application of the Convention. As part of these measures, the Committee recommends the strengthening of enforcement and compliance mechanisms. Recalling the important role of labour inspection in this regard, the Committee requests the Government to refer to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Furthermore, noting the absence of legislation regulating the provision of protection against work-related injury by way of social insurance, the Committee invites the Government to adopt the regulations lacking to give effect to Section 211 of the Labour Code and section 11 of the Act No. 167 on Occupational Safety and Health, 2003, and to provide information on progress made in this respect. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

The Committee also requests the Government to supply data on: (i) the number and nature of work accidents reported and the number of work accidents in respect of which compensation was paid; (ii) the total amount of compensation paid in cash and the average amount of compensation paid to victims of work accidents; and (iii) the number of complaints and appeals lodged with the competent judicial and administrative bodies on matters related to the application of the Convention.

Article 5. Compensation in case of permanent incapacity and death. The Committee observes that in accordance with section 19(5) of Law No. 194 of 5 August 2008, the amount of insurance compensation paid to victims of employment injury is determined on the basis of the loss suffered by the worker, but that it cannot be more than the amount determined in the insurance contract which employers have to conclude to insure their liability. The Committee further observes that as per the Decree No. 113 of 26 February 2010 on approval of insurance tariffs and insurance amounts (liability limits) of compulsory liability insurance, the maximum amount of the insurance compensation is limited and should not be less than one year of the worker’s salary. The Committee also observes that in accordance with sections 247 and 252 of the Labour Code, the amount of the lump-sum payment for which the employer is liable corresponds to ten times the average annual earnings of a worker with a Group I disability and, in case of death of the worker, to twenty times his/her average annual earnings. Recalling that Article 5 of the Convention requires the compensation in case of permanent injury or death to take the form of a periodical payment, and provides that this payment can be converted into a lump sum if the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to indicate how it is ensured, in law and in practice, that the compensation paid by insurance companies and the lump-sum payments made by employers are properly utilized by recipients. The Committee also requests the Government to indicate whether workers who suffer a permanent incapacity and the dependents of workers who have died due to a work-related injury are also entitled to an invalidity or survivors’ pension under the general public pension scheme established by Law No. 57 of 21 June 1997.

Article 9. Entitlement to medical, surgical and pharmaceutical aid free of charge. The Committee observes that, in accordance with the Program of State Guarantees for Providing Citizens with Health Care approved by the Government Decree of November 20, 2015, No. 790, all persons suffering work-related disabilities belonging to groups 1 and 2 are entitled to inpatient and outpatient medical aid free of charge (paragraph17 of section I of Annex I). The Committee requests the Government to indicate whether all victims of work-related injury are entitled to medical, surgical and pharmaceutical aid free of charge, when such aid is recognized to be necessary, regardless of the nature of the injury they have suffered.

Article 11. Insolvency of insurance companies. The Committee takes note of the Government’s indication that the Law No. 194, 2008, does not provide for the compensation of workers who suffered an employment injury in case of liquidation or bankruptcy of insurance companies. Recalling that Article 11 of the Convention requires the payment of compensation be provided to workers or their dependents due to an industrial accident in the event of the insolvency of the employer or insurer, the Committee requests the Government to provide information on any other measure ensuring that victims of employment injury are effectively compensated for their loss despite the liquidation or bankruptcy of the insurance companies through which such compensation would have otherwise been provided.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

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 2012.

Repetition

The Committee takes note of the detailed information supplied by the Government in its first report on the application of the Convention. Noting that the report makes reference to the provisions of the Labour Code of 4 August 2004 (text No. 106) regulating employers’ civil liability to pay compensation to victims and their dependents in case of employment injury, the Committee would like the Government to specify how compensation paid by the employers relates to the disability benefits paid by the social insurance institutions to victims of industrial accidents under section 235 of the Labour Code. The Committee also invites the Government to give a general appreciation of the manner in which the Convention is applied, supervised and enforced, including for instance, extracts from the reports of the inspection services and, in so far as statistical information is available, particulars of the application of the legislation, including the following points.

• – Scope of application – the total number of workmen, employees and apprentices employed by all enterprises, undertakings and establishments, excluding seamen, fishermen and agricultural workers; the number of such workmen, employees and apprentices covered by the general provisions regarding workmen’s compensation; the number of persons covered by some special scheme in accordance with Article 3(2) of the Convention.
• – Benefits in cash – (a) total cost of benefits in cash; and (b) average cost of benefits in cash per person covered by the legislation.
• – Benefits in kind – (a) total cost of benefits in kind; and (b) average cost of benefits in kind per person covered by the legislation.
• – The number and nature of the accidents reported.
• – Cost of application – total cost of application of legislation on workmen’s compensation for accidents or accident insurance with details as to the manner in which this cost is covered.

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 takes note of the detailed information supplied by the Government in its first report on the application of the Convention. Noting that the report makes reference to the provisions of the Labour Code of 4 August 2004 (text No. 106) regulating employers’ civil liability to pay compensation to victims and their dependents in case of employment injury, the Committee would like the Government to specify how compensation paid by the employers relates to the disability benefits paid by the social insurance institutions to victims of industrial accidents under section 235 of the Labour Code. The Committee also invites the Government to give a general appreciation of the manner in which the Convention is applied, supervised and enforced, including for instance, extracts from the reports of the inspection services and, in so far as statistical information is available, particulars of the application of the legislation, including the following points.

• – Scope of application – the total number of workmen, employees and apprentices employed by all enterprises, undertakings and establishments, excluding seamen, fishermen and agricultural workers; the number of such workmen, employees and apprentices covered by the general provisions regarding workmen’s compensation; the number of persons covered by some special scheme in accordance with Article 3(2) of the Convention.
• – Benefits in cash – (a) total cost of benefits in cash; and (b) average cost of benefits in cash per person covered by the legislation.
• – Benefits in kind – (a) total cost of benefits in kind; and (b) average cost of benefits in kind per person covered by the legislation.
• – The number and nature of the accidents reported.
• – Cost of application – total cost of application of legislation on workmen’s compensation for accidents or accident insurance with details as to the manner in which this cost is covered.

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).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee takes note of the detailed information supplied by the Government in its first report on the application of the Convention. Noting that the report makes reference to the provisions of the Labour Code of 4 August 2004 (text No. 106) regulating employers’ civil liability to pay compensation to victims and their dependents in case of employment injury, the Committee would like the Government to specify how compensation paid by the employers relates to the disability benefits paid by the social insurance institutions to victims of industrial accidents under section 235 of the Labour Code. The Committee also invites the Government to give a general appreciation of the manner in which the Convention is applied, supervised and enforced, including for instance, extracts from the reports of the inspection services and, in so far as statistical information is available, particulars of the application of the legislation, including the following points.

• – Scope of application – the total number of workmen, employees and apprentices employed by all enterprises, undertakings and establishments, excluding seamen, fishermen and agricultural workers; the number of such workmen, employees and apprentices covered by the general provisions regarding workmen’s compensation; the number of persons covered by some special scheme in accordance with Article 3(2) of the Convention.
• – Benefits in cash – (a) total cost of benefits in cash; and (b) average cost of benefits in cash per person covered by the legislation.
• – Benefits in kind – (a) total cost of benefits in kind; and (b) average cost of benefits in kind per person covered by the legislation.
• – The number and nature of the accidents reported.
• – Cost of application – total cost of application of legislation on workmen’s compensation for accidents or accident insurance with details as to the manner in which this cost is covered.