Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection of Wages Convention, 1949 (No. 95) - Kyrgyzstan (Ratification: 1992)

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:

Article 4 of the Convention. The Committee notes with concern the indication in the Government’s report that workers are compelled to accept the payment of wages in kind for selling the goods later on the market, and that in one case even the payment in the form of spirituous liquor was offered. It recalls that the requirement of the provisions of the Convention that the payment in kind should be appropriate for the personal use and benefit of the worker and his/her family, aims exactly at protecting workers from such difficulties as indicated by the Government. The Committee hopes that the Government will take all the possible measures to make progress in the application of this Article and, in particular to prohibit the payment of wages in the form of alcoholic beverages or of noxious drugs in any circumstances.

Article 7. The Committee notes the Government’s indication that workers’ supply departments (ORS) function in some sectors, taking a certain percentage of profit, and that, in some remote places, even though the prices there are higher than in towns and villages elsewhere, workers are obliged to use their services in the absence of other sources of supply. It hopes that the Government will take measures to ensure the sale of goods and the offer of services at fair and reasonable prices in such cases.

Articles 8, 10 and 12. The Government indicates that, the provision of section 136 of the Labour Code, which sets a limit of 50 per cent of the wage as the total amount of deductions from a wage, is not implemented in practice, for various reasons, including the possibility for the state tax service to seize funds of an enterprise virtually without limitation. It also notes that for similar reasons, payment of wages at enterprises was subject to delays of two to six months during 1993-94. The Committee notes this information with concern and recalls, in particular, the importance of ensuring the application of these provisions of the Convention for the maintenance of the worker and his or her family. It asks the Government to take all possible measures to overcome these difficulties and to supply information on any progress made.

Article 11. The Committee notes that section 41 of the Bankruptcy Act of 15 January 1994 accords the right to be treated as privileged creditors only to the workers who have not received wages for six months. It points out that under this provision of the Convention such right should be accorded to all the workers employed in the undertaking concerned, although the protection may be limited to wages due for a prescribed period of service, or to a prescribed amount as may be determined by national legislation. The Committee requests the Government to indicate measures taken or envisaged to bring the said provision into conformity with the requirements of this Article.

Article 15(b) and (c). The Committee notes the indication in the Government’s report to the effect that no cases relating to late payment of wages have been dealt with in judicial proceedings and that no consideration is given to responsibility of managers for the late payment. It requests the Government to supply information on the persons responsible for compliance with the national legislation concerning protection of wages, and on penalties prescribed for any violation of it.

Parts III and V of the report form. The Committee requests the Government to supply information on the working of the inspectorate for ensuring the payment of wages, including for instance extracts of official reports and information on violations reported and penalties imposed.