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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kyrgyzstan (Ratification: 1992)

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference), and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike was too high and might potentially impede recourse to strike, particularly in large enterprises, the Committee requested the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot. The Committee notes the Government’s indication that the Federation of Trade Unions of Kyrgyzstan (FPK) submitted a proposal to amend the Labour Code by lowering the requirement of two thirds of workers/delegates to be present at a meeting (conference) to a simple majority (50 per cent +1). The Committee recalls that similar information was provided by the Government in 2019 with an indication that the proposal would be examined by the tripartite Working Group on the Improvement of Labour Legislation established in May 2019. The Committee further recalls that the Government had previously expressed its understanding of the need to amend the Labour Code to ensure that the minimum service requirement was imposed only in respect of the operations which were strictly necessary to meet the basic needs of the population or to ensure that the relevant services operated safely or without interruption. The Committee regrets to observe that no new information is provided by the Government in this respect and there has been no concrete progress in amending the Labour Code. Recalling that it has been raising these issues for several years, the Committee requests the Government to provide detailed information on all developments regarding the adoption of the proposed amendment to the Labour Code to reduce the quorum required for a strike ballot and measures taken to limit the minimum service requirement.