Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - 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:

The Committee notes the following pieces of legislation:

–      Labour Code of 4 October 1997, as amended on 19 February 2003;

–      Law on Trade Unions of 16 October 1998, as amended on 4 August 2004;

–      Law on Employers’ Organizations of 22 May 2004;

–      Law on Collective Agreements of 21 August 2004;

–      Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and

–      Criminal Code of 1 October 1997, as amended on 15 February 2004.

Article 4 of the Convention. The Committee notes that sections 14(10), 31, 44, 46 and 54 of the Labour Code and sections 3, 5 and 10 of the Law on Collective Agreements provide that, in collective bargaining, workers are represented by trade unions and others workers’ representatives, including enterprise councils. The Committee recalls that direct negotiation between the undertaking and its employees, bypassing sufficiently representative organizations where these exist, might be detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted. The Committee therefore requests the Government to amend its legislation so as to ensure clearly that it is only in the event where there is no trade unions at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee further notes that according to section 77 of the Labour Code: (1) the parties to collective agreement may refer their dispute for arbitration; and (2) arbitration may be established by the disputing parties, by state, institution, by employers’ organizations, trade unions or other workers’ representative bodies. Considering that arbitration imposed by the authorities at their own initiative or at the request of one party is contrary to the principles of the voluntary negotiation of collective agreements established in Convention No. 98 and thus the autonomy of bargaining partners, the Committee requests the Government to take the necessary measures so as to amend section 77(2) so as to ensure that compulsory arbitration is possible only at the request of both parties to collective bargaining. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.