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

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes 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 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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it 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 notes 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 notes 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 notes that the Government indicates 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the detailed information provided by the Government in its report, in particular concerning the system of social partnership and collective bargaining level.

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 notes 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 notes 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 notes that the Government indicates 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes the following pieces of legislation:

• – Labour Code of 24 May 2004;
• – Law on Collective Agreements of 21 August 2004;
• – Law on Social Partnership of 25 July 2003; and
• – Law on Civil Service of 30 June 2004.

Article 3 of the Convention. The Committee notes that according to section 31 of the Labour Code, on collective bargaining, 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 Law on Collective Agreements also provide for the right of “other workers’ representatives” to bargain collectively. The Committee recalls 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 therefore requests the Government to amend its legislation so as to ensure clearly 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. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee understands that trade union federations and confederations enjoy the rights and guarantees under the Convention and requests the Government to confirm it.

The Committee will examine other aspects of the application of the Convention once the translation of the Labour Code into one of the working languages of the ILO becomes available.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the following pieces of legislation:

–      Labour Code of 24 May 2004;

–      Law on Collective Agreements of 21 August 2004;

–      Law on Social Partnership of 25 July 2003; and

–      Law on Civil Service of 30 June 2004.

Article 3 of the Convention. The Committee notes that according to section 31 of the Labour Code, on collective bargaining, 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 Law on Collective Agreements also provide for the right of “other workers’ representatives” to bargain collectively. The Committee recalls 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 therefore requests the Government to amend its legislation so as to ensure clearly 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. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee understands that trade union federations and confederations enjoy the rights and guarantees under the Convention and requests the Government to confirm it.

The Committee will examine other aspects of the application of the Convention once the translation of the Labour Code into one of the working languages of the ILO becomes available.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the following pieces of legislation:

–      Labour Code of 24 May 2004;

–      Law on Collective Agreements of 21 August 2004;

–      Law on Social Partnership of 25 July 2003; and

–      Law on Civil Service of 30 June 2004.

Article 3 of the Convention. The Committee notes that according to section 31 of the Labour Code, on collective bargaining, 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 Law on Collective Agreements also provide for the right of “other workers’ representatives” to bargain collectively. The Committee recalls 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 therefore requests the Government to amend its legislation so as to ensure clearly 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. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee understands that trade union federations and confederations enjoy the rights and guarantees under the Convention and requests the Government to confirm it.

The Committee will examine other aspects of the application of the Convention once the translation of the Labour Code into one of the working languages of the ILO becomes available.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s first report.

The Committee further notes the following pieces of legislation:

–           Labour Code of 24 May 2004;

–           Law on Collective Agreements of 21 August 2004;

–           Law on Social Partnership of 25 July 2003; and

–           Law on Civil Service of 30 June 2004.

Article 3 of the Convention. The Committee notes that according to section 31 of the Labour Code, on collective bargaining, 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 Law on Collective Agreements also provide for the right of “other workers’ representatives” to bargain collectively. The Committee recalls 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 therefore requests the Government to amend its legislation so as to ensure clearly 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. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

The Committee understands that trade union federations and confederations enjoy the rights and guarantees under the Convention and requests the Government to confirm it.

The Committee will examine other aspects of the application of the Convention once the translation of the Labour Code into one of the working languages of the ILO becomes available.