Comments adopted by the CEACR: Kyrgyzstan

Adopted by the CEACR in 2022

C124 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(2) of the Convention. X-ray examination of the lungs forming mandatory part of the initial medical examination. In its previous comments, the Committee requested the Government to indicate the legislative provisions requiring an X-ray examination of the lungs during initial and periodic medical examinations of young persons under 21 years of age who are employed in underground work in mines and quarries.

The Committee notes the Government’s reply in its report that according to section 220 of the Labour Code, workers engaged in hazardous work, including underground work, shall undergo mandatory initial and periodic medical examinations. The Committee further observes that the Government’s Decree No. 225 of 16 May 2011 on the approval of regulatory instruments in the field of public health establishes a list of harmful substances and adverse production factors at work requiring initial and periodic medical examinations, including the X-ray examination of the lungs. The Committee requests the Government to indicate whether the list of harmful substances and adverse production factors at work covers all the harmful substances and adverse production factors to which workers employed in underground work in mines and quarries are exposed in practice in Kyrgyzstan.

Article 4(4). Keeping of records. The Committee previously requested the Government to indicate the legislative provisions regulating the keeping of the certificates of fitness for employment of persons under 21 years of age employed in underground work in mines and quarries.

The Committee notes the Government’s indication that workers employed in mines and quarries shall submit the certificate of fitness for employment to the personnel department of an enterprise after the medical examination. The Committee also notes the Government’s statement on keeping of registers of employees provided in its 2019 report on the application of the Minimum Age Convention, 1973 (No. 138) that “there is no such practice of keeping of registers in Kyrgyzstan at present” and that “this issue will be considered by a tripartite national commission.” The Committee requests the Government to indicate whether employers shall keep, and make available to inspectors, records containing, in respect of persons under 21 years of age who are employed or work underground, the certificates which attest fitness for employment.

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee recalls that it had previously noted with concern that the provisions of the draft Law on Trade Unions, developed upon the initiative of several members of Parliament, regulated in detail the internal functioning of unions by imposing excessive mandatory requirements for trade union by-laws and elections, and imposed a trade union monopoly. The Committee had noted in this respect the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK). The Committee notes the Government’s indication that in its observations on the draft, based on the comments provided by the International Labour Office, the Government concluded that the draft was not in conformity with the national Constitution, nor with international labour standards. Taking into account the position of the Government, the President of the Republic vetoed the draft law on two occasions. The Committee on Freedom of Association (CFA) examined the allegations of noncompliance of the vetoed draft Law on Trade Unions with freedom of association in Case No. 3386 (Report No. 396, November 2021) and drew the legislative aspects of this case to the attention of the Committee. The Committee notes that in December 2021, the President of the Republic vetoed the draft law for a third time. The Committee notes with interest the information, outlined by the Government in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), regarding the process of the labour legislation inventory undertaken by the Ministry of Labour and Social Development, as per Presidential Order No. 26 of 8 February 2021, with a view to bringing the legislation into conformity with ratified conventions. The Committee requests the Government to take the necessary measures to ensure that the FPK is included in the above-mentioned inventory process with a view to ensuring that any amendments to the Law on Trade Unions in force or any new proposed draft Law on Trade Unions are subject to full and meaningful consultations with the social partners and that any new legislative provisions affecting trade union rights are in full conformity with the Convention. The Committee requests the Government to provide information on all developments in this regard and reminds it of the possibility to continue to avail itself of ILO technical assistance.

The Committee recalls that in their September 2020 communications, the ITUC and the FPK alleged reprisals against FPK leaders and interference in FPK financial activities thereby paralyzing its work. The Committee regrets that the Government provides no information in this regard. The Committee further notes that in the above-mentioned case, the CFA examined similar allegations in the absence of the Government’s reply and urged the Government to conclude without delay any pending investigation involving the FPK and its affiliates, to return all documents concerning their internal administration and to ensure that its bank accounts can be used to conduct their legitimate trade union activities. The Committee requests the Government to provide detailed information on all allegations of interference into the FPK activities and reprisals against its leaders and activists, including actions taken by the Government in response to any such interference and reprisals.

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

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comment it had welcomed the Government’s indication that a tripartite Working Group on the Improvement of Labour Legislation established in 2019 would examine, in 2019-2020, the issue of the quorum required for a strike ballot, considered by the Committee as too high, as well as the issue of minimum services requirement, with a view to bringing the Labour Code provisions into conformity with the Convention.

The Committee notes the Government’s indication that due to the COVID-19 pandemic situation, as well as a conflictual situation within the Federation of Trade Unions of Kyrgyzstan (FPK) between its previous and current leadership, the Tripartite Republican Commission has not met for a long period. The Government indicates, however, that the question of lowering the quorum will be discussed by the Tripartite Republican Commission and reiterates its understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee expects that the Government will be in a position to report tangible progress in this regard in its next report.

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee recalls that it previously noted the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK) regarding the provisions of the draft Act on Trade Unions. The allegation of incompliance of the draft Act on Trade Unions with the Convention was also brought before the Committee on Freedom of Association, which referred the legislative aspects of the case in question to the Committee for follow-up (Case No. 3386 (Report No. 396, November 2021)).

The Committee notes that the President of the Republic has vetoed the draft Act on three occasions. The Committee also notes with interest the Government’s indication that, in order to give effect to Presidential Order No. 26 of 8 February 2021 to undertake a national inventory of legislation, the Ministry of Labour and Social Development is currently carrying out a general evaluation of labour legislation with a view to aligning it with the Convention. The Committee requests the Government to take the necessary measures to ensure that the FPK be included in the above inventory so that any new amendments to the Act on Trade Unions in force or any new legislative proposal is subject to full and meaningful consultations with the social partners, and that any new legislative provisions that impact trade union rights are in full conformity with the Convention.

The Committee recalls that in its previous comments it noted that, pursuant to sections 3, 5 and 10 of the Act on Collective Agreements, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. Noting the Government’s indication that this question would be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development in 2019 and that the FPK drafted a law to amend the Labour Code and the Act on Collective Agreements, aiming to ensure, in particular, that collective bargaining remained a prerogative of trade unions, the Committee requested the Government to provide information on all developments in this regard.

The Committee notes that the Government reiterates the information it previously provided and indicates that the above-mentioned process to conduct an inventory of the labour legislation will also involve bringing it into conformity with the Convention. The Committee expects that the Government will be in the position to report tangible progress in this regard in its next report.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance with regard to the issues raised above.

The Committee notes the information on the number of collective agreements concluded in the country in 2020. It requests the Government to, in its next report, provide information on the number of collective agreements concluded in the private and public sectors, as well as the number of workers covered.

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee welcomes the Government’s response to its previous comments initially made in 2016. The Committee therefore once again requests that the Government supply copies of the legislative texts giving effect to the Convention. It also reiterates its request that the Government take measures to give full effect to Article 3 of the Convention and to indicate, for each Article of the Convention in respect of which the Government has accepted the obligations, the manner in which representative organizations of employers and workers are consulted.

Article 8 of the Convention. Statistics of the structure and distribution of the economically active population. The Committee notes that the Government continues to supply data on employment, unemployment and underemployment to the ILO Department of Statistics for dissemination through its website (ILOSTAT). The Government indicates that the annual publication of Employment and Unemployment is produced using the findings of the integrated survey of household budgets and the labour force. The latest data available in ILOSTAT is from 2018. The Committee notes with interest the Government’s indication that, in accordance with the Resolution concerning statistics of work, employment and labour underutilization (Resolution I) adopted by the 19th International Conference of Labour Statisticians (October 2013), the National Statistics Committee has added the following sections to the Employment and Unemployment survey: “Production of goods in households” (four questions); “Construction and repair of own housing and buildings” (three questions); and “Provision of services to others for pay” (four questions). The Government adds that data on the new indicators will be compiled based on the findings of the 2019 labour force survey. The Committee requests that the Government continue to supply updated data and information on the methodology used in the application of this Article of the Convention. It also invites the Government to provide updated information on any further developments in relation to the implementation of the Resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9(2). Statistics on time rates of wages and normal hours of work. The Government reiterates its indication in previous reports that wage data are published monthly in the Socio-economic situation in Kyrgyzstan and a statistical bulletin entitled Findings from annual reports on the number and wages of workers. Wage data are published annually. The Committee notes that statistics of average monthly earnings and average weekly hours actually worked are provided by the Government and published in ILOSTAT, but that statistics on wage rates and normal hours of work are not available. The Committee therefore reiterates its request that the Government indicate whether statistics on wage rates and normal hours of work continue to be produced and, if so, to communicate the published statistics without delay. It further requests the Government to continue to provide updated information in relation to the application of Article 9(2).

Article 16. Acceptance of obligations. Referring to its previous comments, the Committee once again draws the Government’s attention to the possibility of accepting the obligations under Articles 11–15, in accordance with Article 16(3). The Committee reiterates its request that the Government provide information in this regard. It further requests the Government to continue to provide information and statistics referred to under Articles 11–15 of the Convention and any relevant methodological information available.