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

Kyrgyzstan

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1992)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 2007)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Legislative developments. The Committee notes the adoption of a new Labour Code, enacted by Law No. 24 of 23 January 2025.

Minimum wage

Articles 2, 3 and 4 of Convention No. 131. Sanctions. Elements to be considered in determining the minimum wage level. Consultation with the social partners. Further to its previous comments, the Committee notes that the Government’s report does not contain any relevant information on measures adopted to give effect to these Articles of the Convention. The Committee also notes that, similarly to the Labour Code of 2004, the new Labour Code does not contain sanctions for failure to apply the minimum wage and does not provide information on the criteria used to determine the minimum wage. The Committee therefore once again requests the Government to take the necessary measures to ensure that: (i) failure to apply the minimum wage makes the person or persons concerned liable to appropriate penal or other sanctions, in accordance with Article 2 of the Convention; (ii) at the next adjustment of the minimum wage, so far as possible and appropriate in relation to national practice and conditions, account will be taken of both the needs of workers and their families, and of economic factors, as provided for in Article 3 of the Convention; and (iii) full consultation with the employers’ and workers’ representatives is held in connection with the fixing and adjustment of the minimum wage level, and to provide information in this regard. In addition, the Committee once again requests the Government to provide information on the composition and functioning of the National Tripartite Commission, and its work in the context of the next examination of the minimum wage. Finally, the Committee requests the Government to provide information on any progress made regarding the application of the above Articles of the Convention.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. Further to its previous comments on the persisting situation of wage arrears in the country, the Committee observes that the Government, in its report, merely refers to provisions of the Labour Code of 2004 without referring to any concrete measure adopted to address and remedy the issue. The Committee notes that the new Labour Code provides that the employer is obliged to pay an additional 0.25 per cent of the unpaid sum of money for each delayed calendar day. In this context, the Committee urges the Government to take all necessary measures to address and remedy the persisting issue of wage arrears in consultation with the social partners, including strict supervision, severe sanctions and appropriate compensation to workers for the losses incurred, and to provide information in this regard. In addition, the Committee requests the Government to provide information on the application of the new Labour Code in practice.