Labour Inspection Convention, 1947 (No. 81) - Kyrgyzstan (RATIFICATION: 2000)

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Articles 3, 4, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the Service for Control and Supervision of Labour Legislation. Further to its previous comments on the effective functioning of the labour inspection system, the Committee notes that the Government Decision No. 88 of 2021 on the Ministry of Health and Social Development, whereby the functions of the State Environmental and Technical Safety Inspectorate in terms of control and supervision of compliance with labour legislation had been transferred to the Ministry of Health and Social Development, has been repealed by Government Decision No. 249 of 15 November 2021 (section 5).

It also notes that, according to the new reorganization of the labour inspection system under the Regulations on the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration, approved by Government Decision No. 317 of 17 December 2021: (i) the Service for Control and Supervision of Labour Legislation is a unit subordinate to the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic (section 1); (ii) the functions of the Service are to ensure the protection and enforcement of labour rights and labour protection requirements and provide employers and employees with assistance in understanding labour legislation, as well as information on the most effective means and methods of complying with its provisions (section 9); and (iii) the Service for Control and Supervision of Labour Legislation shall be composed of regional labour inspectors subordinate to the Director of the Service (section 14), who shall be appointed to and removed from the post by the Director in accordance with labour legislation and legislation in the field of state civil and municipal service (section 12).

It also notes the information provided by the Government, in response to its previous request concerning statistics on the number of labour inspection visits carried out, that a total of 1,489 inspections were conducted (including 767 in 2019 and 722 in 2020) and 115 investigations were undertaken. The Committee observes that the Government did not provide information on the number of workplaces and workers covered by these inspections nor on the follow-up action taken in relation to the issues of non-compliance identified. Considering the new reorganization of the labour inspection system, the Committee requests the Government to provide information on the number of labour inspectors appointed to the Service for Control and Supervision of Labour Legislation and the measures taken to ensure that the number of labour inspectors in the Service is sufficient to ensure the effective performance of the inspection functions, and to provide information on the measures taken in this respect. It also requests the Government, once again, to provide information on the budget allocation for labour inspection purposes and to continue to provide statistics on the inspection visits carried out, with indications on the number of workplaces and workers covered by the inspections, as well as information on the follow-up action taken in relation to the non-compliances detected, including statistics on the number of penalties imposed for violations of labour legislation. Lastly, it requests the Government to provide an organizational chart of the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration in view of the 2021 administrative reform.

Article 5(a) and (b). Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities and collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comments on the collaboration between the Federation of Trade Unions of Kyrgyzstan and the State Labour Inspectorate and its impact on enforcement, the Committee notes that the Government indicates that, in 2019, the Union's Technical Labour Inspectorate inspected 222 organizations, collaborating with public inspection bodies in 64 of them. As a result, the Government indicates that 856 cases of non-compliance with OSH regulations were detected, 201 orders were issued and 147 notifications of compliance were received within the established deadline. In addition, the use of equipment, plant and machinery was suspended in 12 cases, including three workshops and one enterprise, due to a clear threat to the life and health of workers. It also notes the Government’s information on the seminar held in April 2021 on the theme "Anticipate, prepare and respond to the crisis – ensure workers’ safety and working conditions", which was attended by technical labour inspectors from national, sectoral and regional trade union associations and representatives of the competent public body for the supervision and control of compliance with labour legislation.

With respect to the powers and rights of trade union technical inspectors, the Committee notes the Government's indication that the powers of trade union legal and technical labour inspectors are defined in the relevant laws and regulations on trade unions. In this respect, it notes that, in accordance with the Trade Unions Act of 1998 (as amended), legal and technical labour inspectorates have the same rights as the State Labour Inspectorate (section 14). Trade union inspectors are empowered to exercise the basic rights of State inspectors set out in section 402 of the Labour Code, which include, inter alia, conducting inspection visits, requesting and obtaining documents and explanations from employers and executive bodies of local administration necessary for the performance of control functions, investigating industrial accidents, issuing binding orders to rectify violations of labour legislation, suspending work at workplaces where violations of health and safety requirements are detected, as well as eliminating such violations and prosecuting persons guilty of violating labour legislation. It further notes the Government’s indication that there are currently 32 technical labour inspectors working in the Union's Technical Labour Inspectorate, organized by industry and region.

Furthermore, the Committee notes the Government’s information, in response to its previous request concerning information on the number of labour inspections carried out by technical inspectors, as well as the outcome of such inspections, that in 2020, trade union technical labour inspectors were involved in 137 investigations of occupational accidents, including 44 fatal accidents (affecting 165 workers). It notes that in 2019, technical labour inspectors (i) processed 773 communications, declarations and complaints related to OSH violations of workers' rights, including 47 communications from employers requesting explanations on various OSH rules; (ii) made 89 settlements totalling 70.8 million KGS (equivalent to US$857,017) in one-off payments, of which more than 90 per cent was paid to the victims or families of the deceased; and (iii) took part in 202 court cases, of which 39 cases were settled in favour of workers by courts at different levels. Lastly, the Committee notes that, under the Regulations on the Service for Control and Supervision of Labour Legislation of 2021, the Service is to carry out its activities in cooperation with executive authorities, state supervisory and control bodies, as well as with local self-government bodies, prosecutor's offices, trade union associations, employers, and other public organizations (section 4). The Committee requests the Government to continue to provide information on the collaboration between the newly re-organized Service for Control and Supervision of Labour Legislation and other Government services and public or private institutions engaged in similar activities, as well as between the Service, the employers and the Federation of Trade Unions, and the impact of these collaborations on enforcement. In this respect, it requests the Government to continue to provide information on the number of labour inspections carried out by legal and technical inspectors, with specific information on the outcome of such inspections, including the number of orders issued, the number of suspensions of workplaces where violations of health and safety requirements were detected and the number of prosecutions of employers found guilty of violating labour legislation, in accordance with section 402 of the Labour Code in conjunction with section 14 of the Trade Unions Act. Noting the absence of information on this matter, the Committee requests once again the Government to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply as well to legal and technical inspectors.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indications that labour inspectors are civil servants who are selected on a competitive basis - based on eligibility requirements such as work experience and education - and are employed on an indefinite basis. It notes, however, that the Government did not provide any information on the budgetary allocation for labour inspection purposes. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration, grades and career prospects, also in relation to the remuneration, grades and career prospects of other officials identified as exercising similar functions such as tax collectors and the police. It also once again requests the Government to provide information on the budgetary allocation for labour inspection purposes.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments on the measures taken to ensure effective notification of cases of occupational diseases to the labour inspectorate, the Committee notes that the Government refers to sections 20 and 21 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, concerning the notification of industrial accidents, but not of occupational diseases.

It also notes that the Government indicates that it would discuss the terms of section 7 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, at a meeting of the National Tripartite Commission. The Committee recalls that, in its previous comments it noted that, under this provision, the health organization is obliged to notify the employee's occupational disease to the State Centre for Territorial Health and Epidemiological Surveillance and to the employer, but that the decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspectorate is duly notified of all cases of occupational disease, and to provide information on the outcome of the discussion at the level of the National Tripartite Commission. It also requests the Government to provide statistical information disaggregated by year on the cases of occupational diseases reported to the labour inspectorate, indicating the number of cases and the cause of the diseases. In addition, it requests the Government to provide copies of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, and of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, as amended.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the information contained in the annual labour inspection reports for 2018, 2019 and 2020 transmitted by the Government, including statistics on (i) inspections visits conducted (1,086 inspections in 2018, 767 in 2019 and 722 in 2020); (ii) violations identified (3,565 violations in 2018, 1,289 in 2019 and 2,592 in 2020); (iii) industrial accidents (77 accidents in 2018, 59 in 2019 and 64 in 2020). It also notes the information on the number of orders issued by labour inspectors (547 orders in 2018, 381 in 2019 and 333 in 2020), as well as the amount of money collected through the application of administrative fines between 2018 and 2020 (in total, KGS3,909 equivalent to US$48). In this respect, the Committee refers to its comment on the application of Article 18. It also notes that no information was provided in the annual reports on the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, and statistics of occupational diseases. Noting that, according to section 10 of the Regulations on the Service for Control and Supervision of Labour Legislation, the Service is required to submit to the Cabinet of Ministers an annual report on the state of labour protection and working conditions, the Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2023.]

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Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on labour inspections. Further to its previous comments on this matter, the Committee takes due note that the moratorium on inspections has expired on 1 January 2022. In this regard, it notes that Government Decision No. 586 of 2018 on the introduction of a temporary ban on the inspection of economic entities was declared null and void by virtue of Resolution of the Cabinet of Ministers No. 9 of 14 January 2022 on the invalidation of certain decisions of the Cabinet of Ministers (section 1, Annex, para. 2836). It also notes that the annual reports on the work of the labour inspectorate covering the period 2019–20 provide detailed statistics on the number of inspection visits carried out during the reference period.

The Committee also notes that the labour inspection system has been reorganized as set out in the Regulations on the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration, approved by Government Decision No. 317 of 17 December 2021. According to these Regulations, the Service for Control and Supervision of Labour Legislation is now the body authorized to perform the functions of state supervision and control of compliance with labour legislation (sections 1 and 10). The Committee observes that, according to section 11(7) of Law No. 72 of 2007 on the conduct of inspections in enterprises, in exceptional cases the Government has the right to introduce a temporary ban (moratorium) on conducting inspections in order to improve the economic situation. Recalling that a moratorium placed on labour inspection would substantially undermine the inherent functioning of the labour inspection system and would be contrary to the provisions of the Convention, the Committee urges the Government to take all necessary measures to amend the legislation and to ensure that no moratorium on labour inspections be placed in the future and that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention.

2. Other limitations on labour inspection. The Committee has repeatedly referred to the serious limitations on the powers of labour inspectors and on the undertaking of labour inspections set forth in Law No. 72 of 2007 on the conduct of inspections in enterprises. The Committee notes with deepconcern that such limitations remain in force. It also notes the Government’s indication concerning the provision of administrative penalties for violations of labour legislation contained in the Code of Offences, which was adopted on 28 October 2021 by Law No. 126. In this respect, it notes that sections 87 to 93 of this Code provide for fines for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee notes that, despite the adoption of the Code of Offences, which penalizes violations to labour legislation, labour inspections continue to be hampered by the limitations established by Law No. 72 of 2007. Therefore, the effective enforcement of the penalties set out in sections 87 to 93 of the Code of Offences is also undermined.

Furthermore, the Committee notes with deep concern that the Government refers once again to its statements made in 2019, concerning the status quo of labour inspection in the country asserting that, under Law No. 72, the authorized state body may carry out unplanned on-site inspections only after the Ministry of Economy has given its consent, that this is the only form of inspection during which labour inspectors can check that employers comply with the requirements of labour legislation, and that if the organization has a qualified lawyer, any inspection with prior notice or limited to a review of documents provided by the employer has almost no chance of identifying actual breaches of labour legislation, even if they are serious.

Lastly, the Committee notes the information provided by the Government on the inventory and revision of laws carried out by the inter-agency expert group by virtue of Presidential Decree No. 26 of 8 February 2021 on the Conduct of an Inventory of the Legislation. With reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to bring its national legislation into full conformity with the Convention. Specifically, it requests the Government to take prompt measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of the Convention, that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of the Convention, and that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention.

In this connection, the Committee requests the Government to provide information on the measures taken in order to ensure the amendment of Law No. 72 of 2007 on the conduct of inspections in enterprises, including consideration given to this issue within the National Tripartite Commission and in the context of the inventory and revision of laws carried out by the inter-agency expert group. It further urges the Government to intensify its efforts to ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18 of the Convention. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors without previous notice, as compared to inspection visits undertaken with prior notice, as well as statistics on the number of penalties effectively enforced.

Article 13(2)(b). Measures with immediate executory force to ensure the safety and health of workers. Further to its previous comments, the Committee notes the Government’s reference to the inventory of policy frameworks, strategies, programmes and laws carried out by the inter-agency expert group by virtue of Presidential Decree No. 26 of 2021 on the conduct of an inventory of the legislation, as well as its indication that the public authorities are actively working to improve legislation, which will include revising existing laws.The Committee notes, however, that no concrete measures have yet been taken to empower labour inspectors to issue orders requiring measures with immediate executory force in case of imminent danger to the health and safety of workers. It also notes the information contained in the annual reports, according to which, in the period from 2018 to 2020, there were 75 fatal accidents. The Committee therefore urges the Government to intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention. In addition, it requests the Government to provide information on the number of orders requiring measures with immediate executory force issued by labour inspectors per year and to indicate the cause and outcome of such orders.

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

[The Government is asked to reply in full to the present comments in 2023.]

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Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee previously noted the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 2012 enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate following the merger of several specialized inspection bodies including the former State Labour Inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration.

The Committee notes that the Government indicates in its report that under the Regulations on the State Inspectorate for Environmental and Technical Safety, the inspectorate has 13 subdivisions with different working areas, and it refers to the functions of the labour inspectorate as set out in the Labour Code. The Committee also notes the Government’s response, in reply to its previous request concerning the assignment of labour inspection functions to the supervision and control of a central authority, that the functions of control and monitoring of compliance with labour legislation are carried out by a department of occupational safety and health and labour relations, which has five staff members, including the head of the department. It further notes the Government’s response to the Committee’s request on the status of labour inspectors that labour inspectors are civil servants and that qualification requirements, such as work experience, education and skills, have been developed and approved. The Government also provides information on two instances of the training activities organized for labour inspectors in 2019. Lastly, the Committee notes the Government’s indications that since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate in 2012, a total of 7,232 labour inspection visits have been made (including 987 in 2017 and 1,086 in 2018) and 879 investigations carried out. The Committee requests the Government to provide further information on how effect is given to the Convention in the reorganized system of inspection under the State Environmental and Technical Safety Inspectorate. It requests the Government to indicate whether the inspectors in the department of occupational safety and health and labour relations perform any functions other than the primary functions set out in Article 3(1) of the Convention. It also requests the Government to provide further specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4). Noting the Government’s indication that there are five inspectors in the department of occupational safety and health and labour relations, it requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and it requests information on the budgetary allocation for labour inspection purposes. Lastly, it requests the Government to continue to provide statistics on the number of labour inspection visits carried out by the department of occupational safety and health and labour relations and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, including statistics on the number of penalties imposed for violations of labour legislation (Articles 17 and 18).

Article 5(a) and (b). Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities and collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes the Government’s indications, in response to its previous request, that in accordance with section 19 of the Occupational Safety and Health Act, public monitoring of compliance with the law in the field of occupational safety and health is carried out by the trade unions through appropriate technical labour inspectorates, which are empowered, inter alia, to monitor employers' compliance with occupational safety and health legislation; participate in the investigation of industrial accidents and occupational diseases; submit to the authorized State body proposals for the suspension of work in cases of threat to the life and health of employees; and submit to employers mandatory requests for the elimination of identified violations of occupational safety and health requirements. Under section 14 of the Act on Trade Unions, trade unions may monitor employers' compliance with labour legislation and demand the elimination of identified violations. In addition, employers are obliged to examine communications from trade unions on the elimination of labour law violations and to inform the trade union body, within one month, of the results of their examination and of the measures taken. It also notes the Government’s indications that in order to monitor and control compliance with labour legislation, trade unions establish legal and technical labour inspectorates that enjoy the same rights as state labour inspectorates. It further notes the Government’s reference to section 410 of the Labour Code, which prohibits hindering legal activities of workers’ representatives. It notes, in addition, the Government’s indications that 35 technical labour inspectors, organized by industry and region, are currently working for the Federation of Trade Unions of Kyrgyzstan. In this regard, the Committee notes that a long-term mutual cooperation agreement was signed in 2014 between the Federation of Trade Unions and the State Environmental and Technical Safety Inspectorate to carry out state supervision and control of compliance with labour legislation. The aim of the agreement is to establish the basis for cooperation between the parties in order to protect the labour rights of workers, prevent, identify and eliminate violations of labour legislation, increase the role of state supervision and control of compliance with labour legislation. Lastly, the Committee notes the information provided by the Government on the establishment of the Technical Labour Inspectorate Council to coordinate the activities of trade unions’ technical labour inspectorates, exchange work experiences and cooperate with employers' associations and state supervisory bodies. Noting that the Federation of Trade Unions of Kyrgyzstan has significantly more staff performing inspections than the State Environmental and Technical Safety Inspectorate, the Committee requests the Government to continue to provide information on the collaboration between these two bodies and the impact of this collaboration on enforcement. It requests the Government to provide further information on the powers and rights of the technical inspectors, and to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply to such inspectors. The Committee further requests the Government to continue to provide information on the number of labour inspection carried out by the technical inspectors, as well as the outcome of such inspections, including any penalties imposed.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications, in reply to its previous request on the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases, that under section 20 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, the employer must promptly notify serious or fatal industrial accidents to the state labour inspectorate of the province or the city of Bishkek and the regional association of trade unions, among other bodies. It also notes the Government’s indications that, in accordance with section 21 of the Regulations, the administration of health-care institutions, pathology departments and morgues must inform the relevant state labour inspectorate within 24 hours of persons received with serious or fatal injuries resulting from industrial accidents. It further notes that the Government indicates that notification of occupational diseases is carried out in accordance with sections 7 and 8 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011. In this respect, the Committee notes that section 7 of this Government Decision provides that the health organisation is obliged to notify the State Centre for Territorial Health and Epidemiological Surveillance and the employer of the employee's occupational disease, but that the Decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that cases of occupational diseases are effectively notified to the labour inspectorate.

[The Government is asked to reply in full to the present comments in 2021.]

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The Committee notes the observations made by the Kyrgyzstan Federation of Trade Unions (KFTU) received on 30 September 2020.

Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on labour inspections. The Committee notes the Government’s indication in its report regarding the adoption of Government Decision No. 586 of 2018 on the introduction of a temporary ban on the inspection of economic entities. The Committee notes with deep concern that Government Decision No. 586 provides for such a temporary ban between 1 January 2019 and 1 January 2021 (section 1). The Government Decision states, in its preamble, that it aims to: create favourable conditions for business development, improve the investment climate, support the economic activities of business entities and prevent interference of authorized bodies in the activities of business entities. However, the Committee notes the KFTU’s statement that since inspections have been prohibited, any violation of workers' labour rights can only be investigated on the basis of a worker's complaint, which creates favourable conditions for employers to cover up any violation of labour rights and industrial accidents. The KFTU further states that the moratorium has had a negative impact on occupational safety and the prevention of occupational accidents.

While noting that inspections may be carried out in connection with applications from individuals and legal entities concerning violations of labour rights (section 1(4)), the Committee recalls that Article 16 of the Convention provides for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions. Recalling that a moratorium placed on labour inspection is a serious violation of the Convention, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention. The Committee also requests the Government to provide its comments with respect to the KFTU observations.

2. Other limitations on labour inspection. The Committee previously noted with concern that Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises provides for various limitations on labour inspection powers and the undertaking of labour inspections, including restrictions relating to: (i) the power to undertake labour inspections without prior notice (scheduled inspection visits have to be notified at least ten days prior to the inspection (section 6(6)); (ii) the free initiative of labour inspectors (labour inspections require a formal authorization, in coordination with the body for the development of entrepreneurship (section 12(3)); (iii) the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8)); and (iv) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 6(5) and 7(4)). Pursuant to section 20 of Law No. 72 where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector, the inspector shall be removed from office. Section 11 of Law No. 72 provides that scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and that in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (three days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation.

The Committee notes that the Government indicates that there have been no amendments to these provisions of Law No. 72 and that it plans to consider the issue within the framework of the National Tripartite Commission. The Government states that in accordance with Law No. 72, the authorized state body may carry out unplanned on-site inspections only after the Ministry of Economy has given its consent. The Committee notes with deep concern the Government’s statement that this is the only form of inspection during which labour inspectors can check that employers comply with the requirements of labour legislation, and its further statement that if the organization has a qualified lawyer, any inspection with prior notice or limited to the study of documents provided by the employer has almost no chance of identifying evidence of actual labour law violations. The Committee also notes the observations of the KFTU referring to the number of occupational accidents and indicating that Law No. 72 has had a negative impact on occupational safety and the prevention of occupational accidents.

The Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. The Committee once again urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of the Convention and that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention. It further urges the Government to take the necessary measures to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions. The Committee also requests the Government to provide information on the progress made in this regard, including the consideration given to this issue within the National Tripartite Commission. It recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 13(2)(b). Measures to ensure the safety and health of workers. In its previous comments, the Committee referred to section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code and requested the Government to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in case of imminent danger to the health or safety of workers, even where no specific violation of the legislation is identified. The Committee notes that the Government indicates that it plans to consider the issue within the framework of the National Tripartite Commission. The Committee once again requests the Government to take measures to bring the national legislation into conformity with Article 13(2)(b) of the Convention and to provide information on the measures taken.

Articles 20 and 21. Annual labour inspection report. In its previous comments, the Committee requested the Government to provide information on the measures taken by the central labour inspection with a view to publishing and transmitting to the Office the annual labour inspection report. In this respect, the Committee notes the statistical data on labour inspection visits and violations detected provided in the Government’s report in 2019, but notes that the Government has not submitted an annual report on the work of the labour inspection activities. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and transmitted to the ILO in accordance with the requirements of Articles 20 and 21.

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

[The Government is asked to reply in full to the present comments in 2021.]

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee notes that the Government, in response to its question on the reform of the labour inspection system, once again refers to the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 20 February 2012, which enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate, including environmental, technical safety, and labour inspections following the merger of several specialized inspection bodies including the former State Labour Inspectorate. This Decision repealed, among others, Government Order No. 82 of 9 February 2010 on the State Labour Inspectorate and Government Order No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining which clearly outlined the function and role of the State labour inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration. In this respect, the Committee would like to recall that, in accordance with Article 3(1) of the Convention, the primary functions of the system of labour inspection shall be ensuring the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties (Article 3(2)). Moreover, the Committee would like to recall that Article 4 provides that the inspection system shall be placed under the supervision and control of a central authority. Furthermore, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of government and of improper external influences (Article 6); labour inspectors shall be recruited with sole regard to their qualifications and adequately trained to dispose of relevant capacities for the performance of their duties (Article 7); and each Member shall take the necessary measures to ensure that the number, extent and quality of inspectors and inspections and the allocation of financial means (Articles 10, 11 and 16) shall be such as to ensure the effective application of the relevant legal provisions. Moreover, labour inspectors must be provided with the rights and powers provided by the Convention (Articles 12, 13 and 17) and must be bound by the obligations provided for in the Convention (Article 15). The Committee requests information on how the principles of the Convention are given effect to in the reorganized system of inspection. Particularly, noting that the functions relating to the control of labour legislation are only one part of the many functions entrusted to the State Inspectorate for Environmental and Technical Safety, the Committee requests that the Government specify how it ensures that the other functions entrusted to the State Inspectorate do not have a negative effect on the effective discharge of the labour inspectors’ primary duties (Article 3(2)). It also requests the Government to provide specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4), as well as the budgetary and human resources allocated for labour inspection purposes (Articles 10 and 11). The Committee requests clarification on whether inspectors assuming labour inspection functions have the necessary status and conditions of service (Article 6) and qualifications to carry out these duties and the nature of the training they receive for this purpose (Article 7). The Committee finally requests that the Government provide detailed statistics on the number of labour inspection visits carried out since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate, and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, such as the imposition of sufficiently dissuasive penalties to avoid the recurrence of labour law violations (Articles 17 and 18).

Article 5(a). Cooperation with between the inspection services and other government services and public or private institutions engaged in similar activities. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the various forms of cooperation developed with the public and judicial bodies, referred to in section 400 of the revised Labour Code, and the fields covered by such collaboration.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that the revised Labour Code continues to provide for the cooperation of the public bodies responsible for controlling compliance with the labour legislation with the trade union organizations, among other bodies (section 400). It also notes that, by virtue of section 409 of the Labour Code, trade unions continue to be entrusted with inspection functions, and are empowered to set up legal and technical inspections. Since the Government has not provided a reply in response to the Committee’s previous request under this Article, the Committee once again requests the Government to provide information on the cases and conditions under which trade unions exercise the inspections functions entrusted to them by the Labour Code. It also once again requests the Government to provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and to indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety. The Committee requests the Government to specify the conditions applicable to trade union inspectors so as to ensure their stability of tenure and independence from improper external influences.

Article 13(2)(b). Measures to ensure the safety and health of workers. The Committee notes that section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code empower labour inspectors to order injunctive measures in situations involving labour law violations which result in dangers to the life and health of workers. The Committee recalls that Article 13(2)(b) only requires the existence of an imminent danger to the health or safety of the workers, and that neither a specific labour law violation, nor a danger to the life of workers, are required in this regard. The Committee requests the Government to take the necessary measures to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, even where no specific violation to the legislation is identified.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Since the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases.

Labour administration: Convention No. 150

Articles 1, 4 and 9 of the Convention. Organization and effective operation of the system of labour administration. The Committee notes that the Government has once again not provided the requested detailed information on each provision of the Convention, reflecting changes following the implementation of any measures in the administrative reform as noted by the Committee in its last comment. The Committee notes from the Government’s website that the former Ministry of Youth, Labour and Employment (MYLE), is now named Ministry of Labour and Social Development (MLSD). In the absence of any response in this regard, the Committee once again requests the Government to provide a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MLSD and other ministries, ministerial departments or public agencies and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. The Committee also once again requests the Government to provide information on the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MLSD and its agencies, or between several ministries when performing labour administration activities.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. Since the Government has not provided a reply in response to the Committee’s previous request, the Committee once again requests the Government to describe the involvement of the social partners at the national, regional and local levels as well as within the different economic sectors (including through the activities of the National Tripartite Committee for Social and Labour Relations and any other tripartite bodies) in the system of labour administration.

Articles 5 and 6(1). Preparation and implementation of laws and regulations giving effect to the national labour policy, in consultation and cooperation with the most representative organizations of employers and workers. In its previous comment, the Committee noted the ongoing review of the National Labour Code. In this respect, the Committee notes that discussions are ongoing between the Government and the ILO concerning a proposed reform of the national legislation regarding labour issues. The Committee requests the Government to provide information on any measures taken with regard to the preparation and implementation of labour laws and regulations, and to provide detailed information on the consultation and cooperation of the social partners in the context of the proposed legislative reform.

Article 6(2)(c). Services made available to employers and workers. Since the Government has not provided a response to the Committee’s request in this regard, the Committee once again requests the Government to provide information on the services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations. In this regard, the Committee also once again requests the Government to describe the institutional and legal framework for the provision of mediation and conciliation.

Article 7. Promotion of the extension of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes from the 2015 Occupational Safety and Health (OSH) Profile established by the ILO Decent Work Technical Support Team and Country Office for Eastern Europe and Central Asia, that the reduction of the informal employment in the country is one of the priorities of the Government. The Committee requests the Government to indicate whether any measures are taken for the gradual extension of certain functions of the labour administration system to categories of workers who are not, in law, employed persons and belong to the categories set forth in Article 7 (a)–(d) of the Convention.

Article 8. Contribution to the preparation of measures concerning international labour affairs. The Committee notes from the General Reports of the Committee published in 2015, 2017 and 2018 that no information has been received from the Government as regards all or most of the observations and direct requests of the Committee to which a reply was requested under ratified Conventions in 2014, 2015 and 2017. The Committee requests the Government to provide information on the competent bodies within the system of labour administration responsible for the preparation of national policy concerning international labour affairs, and measures to be taken at the national level with respect thereto, and where applicable, any difficulties faced with regard to the implementation of such measures.

Article 10. Human resources and material means of the labour administration system. Qualification, training, and independence of the staff of the labour administration system. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the recruitment process of the labour administration staff (including experience required and competitions), its composition, status and conditions of service (including pay scale and career advancement), the access of staff to initial and subsequent training (including content, frequency and number of participants), and the measures taken to ensure their independence from external influences. The Committee also requests information regarding the material means and the financial resources allocated for the performance of their duties.

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Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. The Committee notes that labour inspections, just as a number of other public inspections, are governed by the Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises. The Committee notes with concern that the Law provides for various limitations on labour inspection powers and the undertaking of labour inspections, including restrictions relating to: (i) the power to undertake labour inspections without prior notice (scheduled inspection visits have to be notified at least ten days prior to the inspection (section 6(6)); (ii) the free initiative of labour inspectors (labour inspections require a formal authorization, in coordination with the body for the development of entrepreneurship (section 12(3)); (iii) the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8)); and (iv) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (see sections 6(5) and 7(4)). The Committee further notes that inspectors risk being released from their office, pursuant to section 20 of Law No. 72 where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector. The Committee recalls that Article 12 of the Convention provides that labour inspectors shall be empowered to enter workplaces liable to inspection freely and without previous notice and to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, and that Article 16 provides for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions.

Concerning the effective enforcement of penalties for labour law violations, the Committee notes that section 11 of Law No. 72 provides that scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and that in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (three days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation. In this regard, the Committee recalls that Article 17 of the Convention provides that, with certain exceptions, legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of the Convention and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of the Convention. It further urges the Government to take the necessary measures to ensure that labour inspectors are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention.

Articles 20 and 21. Annual labour inspection report. The Committee notes with regret that the Government has never submitted an annual report on the work of the labour inspection activities, and that the last statistical data on labour inspection activities were provided in the Government’s report in 2004. The Committee once again requests the Government to provide information on the steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

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

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The Committee notes with regret 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

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

• – Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.
• – Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.
• – Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.
• – Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.
• – Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.

Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.

Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.

Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.

Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

CMNT_TITLE

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

• -Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.
• -Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.
• -Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.
• -Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.
• -Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3(1)(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government’s first report. It also notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

1. Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

2. Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

3. Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

4. Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes with interest that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

5. Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

CMNT_TITLE

The Committee notes with interest the Government’s first report. It also notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

1. Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

2. Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

3. Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

4. Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes with interest that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

5. Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.