Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Kyrgyzstan

Labour Inspection Convention, 1947 (No. 81) (Ratification: 2000)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2003)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee notes that the Government, in response to its question on the reform of the labour inspection system, once again refers to the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 20 February 2012, which enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate, including environmental, technical safety, and labour inspections following the merger of several specialized inspection bodies including the former State Labour Inspectorate. This Decision repealed, among others, Government Order No. 82 of 9 February 2010 on the State Labour Inspectorate and Government Order No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining which clearly outlined the function and role of the State labour inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration. In this respect, the Committee would like to recall that, in accordance with Article 3(1) of the Convention, the primary functions of the system of labour inspection shall be ensuring the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties (Article 3(2)). Moreover, the Committee would like to recall that Article 4 provides that the inspection system shall be placed under the supervision and control of a central authority. Furthermore, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of government and of improper external influences (Article 6); labour inspectors shall be recruited with sole regard to their qualifications and adequately trained to dispose of relevant capacities for the performance of their duties (Article 7); and each Member shall take the necessary measures to ensure that the number, extent and quality of inspectors and inspections and the allocation of financial means (Articles 10, 11 and 16) shall be such as to ensure the effective application of the relevant legal provisions. Moreover, labour inspectors must be provided with the rights and powers provided by the Convention (Articles 12, 13 and 17) and must be bound by the obligations provided for in the Convention (Article 15). The Committee requests information on how the principles of the Convention are given effect to in the reorganized system of inspection. Particularly, noting that the functions relating to the control of labour legislation are only one part of the many functions entrusted to the State Inspectorate for Environmental and Technical Safety, the Committee requests that the Government specify how it ensures that the other functions entrusted to the State Inspectorate do not have a negative effect on the effective discharge of the labour inspectors’ primary duties (Article 3(2)). It also requests the Government to provide specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4), as well as the budgetary and human resources allocated for labour inspection purposes (Articles 10 and 11). The Committee requests clarification on whether inspectors assuming labour inspection functions have the necessary status and conditions of service (Article 6) and qualifications to carry out these duties and the nature of the training they receive for this purpose (Article 7). The Committee finally requests that the Government provide detailed statistics on the number of labour inspection visits carried out since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate, and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, such as the imposition of sufficiently dissuasive penalties to avoid the recurrence of labour law violations (Articles 17 and 18).

Article 5(a). Cooperation with between the inspection services and other government services and public or private institutions engaged in similar activities. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the various forms of cooperation developed with the public and judicial bodies, referred to in section 400 of the revised Labour Code, and the fields covered by such collaboration.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that the revised Labour Code continues to provide for the cooperation of the public bodies responsible for controlling compliance with the labour legislation with the trade union organizations, among other bodies (section 400). It also notes that, by virtue of section 409 of the Labour Code, trade unions continue to be entrusted with inspection functions, and are empowered to set up legal and technical inspections. Since the Government has not provided a reply in response to the Committee’s previous request under this Article, the Committee once again requests the Government to provide information on the cases and conditions under which trade unions exercise the inspections functions entrusted to them by the Labour Code. It also once again requests the Government to provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and to indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety. The Committee requests the Government to specify the conditions applicable to trade union inspectors so as to ensure their stability of tenure and independence from improper external influences.

Article 13(2)(b). Measures to ensure the safety and health of workers. The Committee notes that section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code empower labour inspectors to order injunctive measures in situations involving labour law violations which result in dangers to the life and health of workers. The Committee recalls that Article 13(2)(b) only requires the existence of an imminent danger to the health or safety of the workers, and that neither a specific labour law violation, nor a danger to the life of workers, are required in this regard. The Committee requests the Government to take the necessary measures to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, even where no specific violation to the legislation is identified.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Since the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases.

Labour administration: Convention No. 150

Articles 1, 4 and 9 of the Convention. Organization and effective operation of the system of labour administration. The Committee notes that the Government has once again not provided the requested detailed information on each provision of the Convention, reflecting changes following the implementation of any measures in the administrative reform as noted by the Committee in its last comment. The Committee notes from the Government’s website that the former Ministry of Youth, Labour and Employment (MYLE), is now named Ministry of Labour and Social Development (MLSD). In the absence of any response in this regard, the Committee once again requests the Government to provide a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MLSD and other ministries, ministerial departments or public agencies and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. The Committee also once again requests the Government to provide information on the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MLSD and its agencies, or between several ministries when performing labour administration activities.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. Since the Government has not provided a reply in response to the Committee’s previous request, the Committee once again requests the Government to describe the involvement of the social partners at the national, regional and local levels as well as within the different economic sectors (including through the activities of the National Tripartite Committee for Social and Labour Relations and any other tripartite bodies) in the system of labour administration.

Articles 5 and 6(1). Preparation and implementation of laws and regulations giving effect to the national labour policy, in consultation and cooperation with the most representative organizations of employers and workers. In its previous comment, the Committee noted the ongoing review of the National Labour Code. In this respect, the Committee notes that discussions are ongoing between the Government and the ILO concerning a proposed reform of the national legislation regarding labour issues. The Committee requests the Government to provide information on any measures taken with regard to the preparation and implementation of labour laws and regulations, and to provide detailed information on the consultation and cooperation of the social partners in the context of the proposed legislative reform.

Article 6(2)(c). Services made available to employers and workers. Since the Government has not provided a response to the Committee’s request in this regard, the Committee once again requests the Government to provide information on the services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations. In this regard, the Committee also once again requests the Government to describe the institutional and legal framework for the provision of mediation and conciliation.

Article 7. Promotion of the extension of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes from the 2015 Occupational Safety and Health (OSH) Profile established by the ILO Decent Work Technical Support Team and Country Office for Eastern Europe and Central Asia, that the reduction of the informal employment in the country is one of the priorities of the Government. The Committee requests the Government to indicate whether any measures are taken for the gradual extension of certain functions of the labour administration system to categories of workers who are not, in law, employed persons and belong to the categories set forth in Article 7 (a)–(d) of the Convention.

Article 8. Contribution to the preparation of measures concerning international labour affairs. The Committee notes from the General Reports of the Committee published in 2015, 2017 and 2018 that no information has been received from the Government as regards all or most of the observations and direct requests of the Committee to which a reply was requested under ratified Conventions in 2014, 2015 and 2017. The Committee requests the Government to provide information on the competent bodies within the system of labour administration responsible for the preparation of national policy concerning international labour affairs, and measures to be taken at the national level with respect thereto, and where applicable, any difficulties faced with regard to the implementation of such measures.

Article 10. Human resources and material means of the labour administration system. Qualification, training, and independence of the staff of the labour administration system. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the recruitment process of the labour administration staff (including experience required and competitions), its composition, status and conditions of service (including pay scale and career advancement), the access of staff to initial and subsequent training (including content, frequency and number of participants), and the measures taken to ensure their independence from external influences. The Committee also requests information regarding the material means and the financial resources allocated for the performance of their duties.