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

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

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 initially made in 2013.

Repetition

Article 4 of the Convention. Partial payment of wages in kind. Further to its previous comment on how the partial payment of wages in kind might be regulated under the Labour Code of 2004 (Text No. 106), the Committee notes the Government’s reference to section 153 of the Labour Code which provides that wages are paid in pecuniary form and in the national currency and that the payment of wages in the form of promissory notes, vouchers, food coupons or coupons for consumer goods or other substitutes for legal tender is prohibited. While noting, therefore, that the labour legislation does not make any provision for the payment of wages in the form of allowances in kind, the Committee recalls the Government’s reference in earlier reports to widespread practices of offering manufactured goods and agricultural products in lieu of money wages mainly due to serious liquidity problems of enterprises and farms. The Committee accordingly requests the Government to specify whether such difficulties persist, and, if yes, to provide additional explanations on how it is ensured that the conditions and limits for the payment of wages in kind set out in the Convention are complied with.

Articles 7, 13(2) and 15(d). Works stores – Payment of wages in taverns or shops – Maintenance of wage records. The Committee recalls its previous comments in which it requested the Government to explain how effect is given to the requirements of Articles 7 (regulation of works stores), 13(2) (prohibition of payment of wages in taverns and shops) and 15(d) (maintenance of wage records) of the Convention. In the absence of any new information in the Government’s report on these points, the Committee again requests the Government to indicate how these provisions of the Convention are implemented in law and in practice.

Article 12. Payment of wages at regular intervals. The Committee notes that the Government’s report does not contain any information on the current situation regarding accumulated wage arrears or other difficulties experienced in the timely payment of wages – a point on which the Committee has been commenting for a number of years. The Committee understands, however, that the overall amount of the wage debt stood in July 2011 at 320 million som (approximately US$6.6 million) having increased by 30 per cent in one year. Recalling the importance of putting an end to practices of deferred payment of wages that clearly contravene the letter and the spirit of the Convention, the Committee requests the Government to provide detailed information, including statistical data, on the total amount of outstanding payments, the approximate number of workers and the principal sectors concerned, and any measures taken such as reinforcing supervision and strengthening sanctions to remedy the situation.