Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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.