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

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

The Committee notes with regret that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 3 of the Convention. Collective bargaining. The Committee had previously noted 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 less representative trade union or other worker representatives. It further noted that section 38(2) of the Labour Code and sections 3, 5 and 10 of the Law on Collective Agreements also provide for the right of “other worker representatives” to bargain collectively. Recalling 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 had requested the Government to amend its legislation so as to ensure that it is only in the event where there is no trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. The Committee notes with regret that the Government’s report provides no information on measures taken or envisaged in this respect. The Committee is thus bound to reiterate its previous request. It expects that the Government’s next report will contain information on the measures taken or envisaged in this respect.

The Committee further requests the Government to provide information on the number of collective agreements in force, segregated by sector, and the number of workers covered.