Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kyrgyzstan (Ratification: 1992)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee recalls that it previously noted the concerns expressed by the International Trade Union Confederation (ITUC) and the Federation of Trade Unions of Kyrgyzstan (FPK) regarding the provisions of the draft Act on Trade Unions. The allegation of incompliance of the draft Act on Trade Unions with the Convention was also brought before the Committee on Freedom of Association, which referred the legislative aspects of the case in question to the Committee for follow-up (Case No. 3386 (Report No. 396, November 2021)).

The Committee notes that the President of the Republic has vetoed the draft Act on three occasions. The Committee also notes with interest the Government’s indication that, in order to give effect to Presidential Order No. 26 of 8 February 2021 to undertake a national inventory of legislation, the Ministry of Labour and Social Development is currently carrying out a general evaluation of labour legislation with a view to aligning it with the Convention. The Committee requests the Government to take the necessary measures to ensure that the FPK be included in the above inventory so that any new amendments to the Act on Trade Unions in force or any new legislative proposal is subject to full and meaningful consultations with the social partners, and that any new legislative provisions that impact trade union rights are in full conformity with the Convention.

The Committee recalls that in its previous comments it noted that, pursuant to sections 3, 5 and 10 of the Act on Collective Agreements, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. Noting the Government’s indication that this question would be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development in 2019 and that the FPK drafted a law to amend the Labour Code and the Act on Collective Agreements, aiming to ensure, in particular, that collective bargaining remained a prerogative of trade unions, the Committee requested the Government to provide information on all developments in this regard.

The Committee notes that the Government reiterates the information it previously provided and indicates that the above-mentioned process to conduct an inventory of the labour legislation will also involve bringing it into conformity with the Convention. The Committee expects that the Government will be in the position to report tangible progress in this regard in its next report.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance with regard to the issues raised above.

The Committee notes the information on the number of collective agreements concluded in the country in 2020. It requests the Government to, in its next report, provide information on the number of collective agreements concluded in the private and public sectors, as well as the number of workers covered.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) and Federation of Trade Unions of Kyrgyzstan (FPK) received on 16 and 30 September 2020, respectively. The Committee notes that the ITUC and the FPK express their concern at the provisions of the draft Law on Trade Unions, which had been initiated by several members of Parliament and passed the second reading. The ITUC points out, in particular, that by affording protection against anti-union discrimination only to trade union members and thus excluding from such protection those participating in trade union activities, the Law, if adopted, would not adequately protect against acts of anti-union discrimination. The Committee requests the Government to provide its comments thereon.

In the absence of supplementary information from the Government, the Committee reiterates its comments adopted in 2019 and reproduced below.

The Committee recalls that in its previous comments it had noted that pursuant to sections 3, 5 and 10 of the Law on Collective Agreements, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it had further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process.

The Committee welcomes the Government’s indication that this question will be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019. The Government indicates in this respect that the Federation of Trade Union of Kyrgyzstan prepared a draft law to amend certain legislative acts, including the Labour Code and the Law on Collective Agreements, aiming to ensure, in particular, that collective bargaining remains a prerogative of trade unions. The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information on the number of collective agreements concluded in the country in 2018 and requests the Government to provide the same type of statistics for the subsequent years.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee recalls that in its previous comments it had noted that pursuant to sections 3, 5 and 10 of the Law on Collective Agreements, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it had further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process.

The Committee welcomes the Government’s indication that this question will be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019. The Government indicates in this respect that the Federation of Trade Union of Kyrgyzstan prepared a draft law to amend certain legislative acts, including the Labour Code and the Law on Collective Agreements, aiming to ensure, in particular, that collective bargaining remains a prerogative of trade unions. The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information on the number of collective agreements concluded in the country in 2018 and requests the Government to provide the same type of statistics for the subsequent years.

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 2014.

Repetition

The Committee recalls that in its previous comments it had noted that sections 3, 5 and 10 of the Act on Collective Agreements provides that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. The Committee regrets that the Government provides no information on the measures taken to that end. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code and to indicate the measures taken or envisaged in this regard.

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 2014.

Repetition

The Committee recalls that in its previous comments it had noted that sections 3, 5 and 10 of the Act on Collective Agreements provides that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. The Committee regrets that the Government provides no information on the measures taken to that end. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code and to indicate the measures taken or envisaged in this regard.

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

The Committee recalls that in its previous comments it had noted that sections 3, 5 and 10 of the Act on Collective Agreements provides that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. The Committee regrets that the Government provides no information on the measures taken to that end. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code and to indicate the measures taken or envisaged in this regard.

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

The Committee had previously noted that sections 3, 5 and 10 of the Act on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that it is only in the event where there is no representative trade union at the workplace that an authorization to bargain collectively can be conferred to other representative bodies. The Committee notes that the Government explains in its report that in the event that there are two or more primary trade unions or other bodies representing workers in an organization, these shall form one joint representative body to bargain collectively taking account of the principle of proportionate representation. The Committee recalls in this respect that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code (2004) in accordance with the abovementioned principle, and to indicate the measures taken or envisaged in this regard.

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

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 noted that the Government’s has not provided precise observations on the comments submitted by the International Trade Union Confederation (ITUC) in the last years referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide detailed observations thereon in its next report.

Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions 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. The Committee regrets that no specific information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.

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

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:

Repetition

The Committee noted that the Government’s has not provided precise observations on the comments submitted by the International Trade Union Confederation (ITUC) in the last years referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide detailed observations thereon in its next report.

Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions 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. The Committee regrets that no specific information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.

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

The Committee notes the Government’s report and regrets that it has not provided precise observations on the comments submitted by the International Trade Union Confederation (ITUC) in the last years referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide detailed observations thereon in its next report.

Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions 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. The Committee regrets that no specific information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise level, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.

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

The Committee notes with regret that the Government provides no observations on the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee also notes that the comments of the ITUC in a communication dated 26 August 2009 refer to similar matters. The Committee requests the Government to provide its observations thereon.

Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions 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. The Committee regrets that no information has been provided by the Government in this respect. It recalls that when a representative trade union exists and functions at the enterprise, allowing other workers’ representatives to bargain collectively could not only undermine the position of the trade union concerned, but also infringe upon its collective bargaining rights. The Committee therefore once again requests the Government to amend the relevant provisions of the Law on Collective Agreements and the Labour Code (2004) as well as to indicate the measures taken or envisaged in this regard.

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

The Committee notes with regret that the Government’s report has not been received. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008 referring to employers’ interference in trade union activities, violation of collective agreements and insufficient protection against violation of trade union rights (insufficiently dissuasive fines). The Committee requests the Government to provide its observations thereon.

The Committee notes the Labour Code of 2004 and wishes to raise, in this respect, the following.

Article 4 of the Convention. The Committee had previously noted that sections 3, 5 and 10 of the Law on Collective Agreements provided that, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. The Committee notes that according to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies. It appears from section 31 that other representatives can be elected where no trade union represents at least 50 per cent of the workforce, but according to the same section, such other representative bodies shall not obstruct trade union activities. The Committee requests the Government to amend the relevant provisions of the Law on Collective Agreements as well as those of the Labour Code (2004) 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 indicate the measures taken or envisaged in this respect.

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

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 4 October 1997, as amended on 19 February 2003;

–      Law on Trade Unions of 16 October 1998, as amended on 4 August 2004;

–      Law on Employers’ Organizations of 22 May 2004;

–      Law on Collective Agreements of 21 August 2004;

–      Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and

–      Criminal Code of 1 October 1997, as amended on 15 February 2004.

Article 4 of the Convention. The Committee notes that sections 14(10), 31, 44, 46 and 54 of the Labour Code and sections 3, 5 and 10 of the Law on Collective Agreements provide that, in collective bargaining, workers are represented by trade unions and others workers’ representatives, including enterprise councils. 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 unions 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 further notes that according to section 77 of the Labour Code: (1) the parties to collective agreement may refer their dispute for arbitration; and (2) arbitration may be established by the disputing parties, by state, institution, by employers’ organizations, trade unions or other workers’ representative bodies. Considering that arbitration imposed by the authorities at their own initiative or at the request of one party is contrary to the principles of the voluntary negotiation of collective agreements established in Convention No. 98 and thus the autonomy of bargaining partners, the Committee requests the Government to take the necessary measures so as to amend section 77(2) so as to ensure that compulsory arbitration is possible only at the request of both parties to collective bargaining. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received.

The Committee further notes the following pieces of legislation:

–      Labour Code of 4 October 1997, as amended on 19 February 2003;

–      Law on Trade Unions of 16 October 1998, as amended on 4 August 2004;

–      Law on Employers’ Organizations of 22 May 2004;

–      Law on Collective Agreements of 21 August 2004;

–      Code on Administrative Responsibility of 4 August 1998, as amended on 15 February 2004; and

–      Criminal Code of 1 October 1997, as amended on 15 February 2004.

Article 4 of the Convention. The Committee notes that sections 14(10), 31, 44, 46 and 54 of the Labour Code and sections 3, 5 and 10 of the Law on Collective Agreements provide that, in collective bargaining, workers are represented by trade unions and others workers’ representatives, including enterprise councils. 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 unions 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 further notes that according to section 77 of the Labour Code: (1) the parties to collective agreement may refer their dispute for arbitration; and (2) arbitration may be established by the disputing parties, by state, institution, by employers’ organizations, trade unions or other workers’ representative bodies. Considering that arbitration imposed by the authorities at their own initiative or at the request of one party is contrary to the principles of the voluntary negotiation of collective agreements established in Convention No. 98 and thus the autonomy of bargaining partners, the Committee requests the Government to take the necessary measures so as to amend section 77(2) so as to ensure that compulsory arbitration is possible only at the request of both parties to collective bargaining. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Article 1 of the Convention. The Committee had requested the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee had further requested the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

Article 1 of the Convention. The Committee had requested the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee had further requested the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

Article 1 of the Convention. The Committee had requested the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee had further requested the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

        Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

        Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

        Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

        The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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:

  Article 1 of the Convention.  The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

  Article 2.  The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers’ organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

  Article 4.  The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

The Committee hopes that the Government will make every effort to adopt the necessary measures in the near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up and which it mentions in its report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up and which it mentions in its report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the information supplied by the Government in its first report.

The Committee requests the Government to supply a copy of the Labour Code and the Criminal Code that are currently in force along with its next report.

Article 1 of the Convention. The Committee requests the Government to indicate whether the legislation contains specific provisions which guarantee the protection of workers against all measures which may prejudice them by reason of union membership or because of participation in trade union activities, such as transfers, relocation, demotions, deprivation, or restrictions of all kinds. It requests it to supply information on the nature of the applicable sanctions in case of violations of these provisions if they exist, and to take measures to adopt provisions in this respect if this is not the case.

Article 2. The Committee further requests the Government to indicate if national legislation contains specific provisions ensuring the protection of organizations of workers against acts of interference by employers, particularly any act which aims to support workers' organizations by financial or other means with the aim of placing them under the control of employers. If not, it requests the Government to ensure that provisions in this respect are adopted, accompanied by effective and sufficiently dissuasive sanctions.

Article 4. The Committee would request the Government to supply with its next report the text of the draft law on collective bargaining and agreements which is in the process of being drawn up and which it mentions in its report.

[The Government is asked to report in detail in 1996.]