Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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:

Repetition

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes that the Labour Code of 4 August 2004 (Text No. 106) does not contain specific provisions regulating the payment of wages in kind. It also notes that, since the Government’s first report submitted in 1995, in which it was explained that, due to wage arrears, workers sometimes had no choice but to accept goods instead of monetary wages that they sold on the market to earn cash income, the Government has not provided any updated information concerning the current situation with regard to the payment of wages in kind. The Committee therefore requests the Government to provide more detailed information in this respect, including copies of any relevant legal text, and to specify how it is ensured both in law and in practice that only part of the cash wages is replaced by goods and services, that any authorized allowances are appropriate for the use and the benefit of the worker and his/her family and that the value attributed to them is fair and reasonable. In this connection, the Committee refers to paragraphs 104–160 of its General Survey of 2003 on the protection of wages which offer an overview of different national laws and practices giving effect to the requirements of the Convention.

Article 6. Freedom of workers to dispose of their wages. Noting that the 2004 Labour Code does not explicitly prohibit employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee requests the Government to indicate how effect is given to this Article of the Convention.

Article 7. Works stores. The Committee notes that the Labour Code does not specifically regulate works stores. It recalls, however, that the Government in its first report had indicated that a system of workers’ supply departments (ORS) charging higher prices than ordinary market prices was still in operation, and that workers were obliged to use the ORS due to the difficulty of access or high transportation costs. As the Government has not provided any updated information on this point, the Committee requests it to specify any measures taken or planned in order to regulate the ORS in a manner consistent with the provisions of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 161 of the Labour Code provides for an overall limit for authorized deductions not to exceed 20 per cent of the worker’s wages, or 50 per cent in case of deductions prescribed by the law and even 70 per cent in case of serving a sentence or enforcing the payment of alimony to under-age children. The Committee once again requests the Government to explain whether the Act of 1996 authorizing the tax inspectorate to attach the accounts of an enterprise barring it from paying wages until such time as the debt has been discharged is still in force and, if so, whether the possibility of the state tax authorities seizing funds of an enterprise virtually without limitation has an impact on the timely payment of workers’ wages.

Article 11. Protection of wage claims in case of bankruptcy. The Committee notes that, under section 165 of the Labour Code, in case of the employer’s bankruptcy, workers’ claims for an amount not exceeding three months’ wages are granted privileged protection as compared to those of other creditors. The Committee recalls, however, that the previous Labour Code of 1997 provided for a wage reserve fund to ensure the payment of wages in the event of the employer’s bankruptcy or insolvency (section 236). The Committee therefore requests the Government to provide additional explanations, including copies of any relevant legal text, concerning the current state of law and practice with respect to wage reserve funds. It would also appreciate if the Government would clarify whether section 87 of the Bankruptcy Act of 1997, which provides that salary payments for no more than a three-month period are granted second rank priority after claims arising from personal injury or death, is still in force.

Article 12(1). Payment of wages at regular intervals. The Committee understands that problems of delayed payment of wages persist and that at present the accumulated wage arrears reportedly amount to US$9.5 million. As indicated in the Note on the “Relevance and application of ILO wages-related standards in the context of the global economic crisis”, that the Committee prepared for last year’s General Report, unpaid wages are estimated to represent on average 8 per cent of the annual wage bill in the Commonwealth of Independent States (CIS) countries. The Committee would appreciate receiving up to date information, including any available statistics, on the nature and extent of the difficulties currently experienced with respect to the regular payment of wages, the approximate number of workers and types of enterprises affected, and any legislative, administrative or other measures taken or planned in order to put an end to such practices that violate both the letter and the spirit of the Convention.

Article 13(2). Payment of wages in taverns or shops. The Committee notes that the Labour Code does not appear to contain specific provisions giving effect to this Article of the Convention. It accordingly requests the Government to indicate how effect is given to the prohibition of payment of wages in taverns or similar establishments, shops or stores for the retail sale of merchandise and places of amusement.

Article 15(d). Maintenance of wage records. The Committee notes that, whereas section 241 of the Labour Code of 1997 provided for pay books, the 2004 Labour Code does not appear to contain similar provisions. The Committee therefore requests the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee requests the Government to provide up-to-date information with supporting documentation on the practical application of the Convention, including, for instance, copies of collective agreements containing clauses on pay conditions, inspection results showing the number of visits made, contraventions identified and sanctions imposed, any difficulties experienced in the timely payment of wages in the private or public sector, etc.