Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Kyrgyzstan (Ratification: 1992)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8(3) of the Convention. Compensatory rest. Further to its previous comment, the Committee recalls that sections 115 and 178 of the Labour Code envisage compensation for work on the weekly rest day in the form of an unpaid period of rest fixed on another day, an extension to the annual leave or monetary compensation at double the normal rate, to be agreed upon by the employer and the worker. In the absence of the Government’s explanations on this point, the Committee again emphasizes that Article 8(3) of the Convention requires that a compensatory rest period of a total duration at least equivalent to 24 hours be granted, in all cases, to employees working on the weekly rest day. In this regard, it draws the Government’s attention to the fact that offering only monetary compensation for work performed on a weekly rest day is inconsistent with the letter and the spirit of the Convention, which is to provide workers with minimum rest periods at regular intervals to protect their health and well-being. The Committee therefore once again requests the Government to take the necessary steps in order to bring the national legislation into full conformity with this Article of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of the new Labour Code, which came into force on 1 July 2004.

Article 8, paragraph 3, of the Convention. Temporary exemptions – compensatory rest. The Committee notes that, under section 115 of the new Labour Code, employees who work on the weekly rest day must be granted, under the terms of an agreement with the employer, another rest day, an extension to the annual holiday, or monetary compensation at double the normal rate. The Committee recalls that, according to Article 8, paragraph 3, of the Convention, any worker whose weekly rest has been suspended or reduced must be granted compensatory rest of a total duration of at least 24 hours. It emphasizes that rest periods must be granted at regular intervals or at least without significant gaps between them so as to offer the necessary minimum of rest and leisure to ensure the protection of the health and well-being of the worker. The Committee requests the Government to take all the necessary steps to guarantee compensatory rest in the event of reduction or suspension of weekly rest, in accordance with this Article of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, information on the number of workers covered by the relevant legislation, extracts of the reports of the inspection services indicating the number and nature of infringements reported with regard to weekly rest and penalties imposed, etc.