Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Collective Bargaining Convention, 1981 (No. 154) - Kyrgyzstan (Ratification: 2003)

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

Article 3 of the Convention. Collective bargaining. In its previous comments, the Committee noted, as regards collective bargaining, that according to section 31 of the Labour Code, if no trade union represents 50 per cent of the workforce, workers can be represented by either a trade union or other workers’ representatives. Section 38(2) of the Labour Code, as well as sections 3, 5 and 10 of the Act on Collective Agreements, also provide for the right of “other workers’ representatives” to bargain collectively. The Committee recalled 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 noted that, according to section 30 of the Labour Code, workers who are not members of a trade union have the right, in line with contractual conditions, to appoint a body of a primary trade union to represent their rights in dealing with the employer. Moreover, the Committee noted the indication that if an organization has no primary trade union or should a trade union comprise less than 50 per cent of the workers, at a general meeting or conference, in line with contractual conditions, workers have the right to entrust the representation of their rights to a specific trade union or other representative. Finally, the Committee noted that the Government indicated that the existence of other workers’ representative bodies does not act as an impediment to a trade union exerting its power; and that trade unions’ powers may not be replaced or duplicated by other workers’ representative bodies. The Committee recalls once again 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 and requests the Government to provide information on the number of collective agreements in force, the sectors covered and the number of workers covered, indicating specifically the number of collective agreements concluded by trade unions and those concluded by elected workers’ representatives.

In its previous comments, the Committee requested the Government to confirm that trade union federations and confederations enjoy the rights and guarantees under the Convention. In the absence of such confirmation, the Committee once again requests the Government to confirm that trade union federations and confederations enjoy the rights and guarantees enshrined in the Convention, in particular the right to collective bargaining.