Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - Kyrgyzstan (Ratification: 2000)

Article 5(a) and (b) of the Convention. Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities and collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that, in reply to its previous comment, the Government indicates that in 2022, a memorandum of cooperation was concluded between the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic and the Federation of Trade Unions of Kyrgyzstan. The Committee requests the Government to provide details on the content of the memorandum of cooperation and on the impact on labour inspections. Recalling that labour inspection is a public function and noting the absence of information in reply to its previous comment, the Committee requests once again the Government to: (i) provide information on the number of labour inspections carried out by the Federation of Trade Unions’ legal and technical inspectors, with specific information on the outcome of such inspections, including the number of orders issued, the number of suspensions of workplaces where violations of health and safety requirements were detected and the number of prosecutions of employers found guilty of violating labour legislation; and (ii) indicate whether the limitations in the Law No. 72 of 2007 on the conduct of inspections apply as well to legal and technical inspectors.

Article 6. Status and conditions of service of labour inspectors.Noting the absence of information in this regard, the Committee once again requests that the Government provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration, grades and career prospects, also in relation to the remuneration, grades and career prospects of other officials identified as exercising similar functions such as tax collectors and the police.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes that, according to the report of the Euro-Asian Regional Alliance of Labour Inspections, in 2022 there were 110 investigations of accidents at work, with 51 fatal accidents. The Committee further notes that section 21 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001 provides for the notification to the labour inspectorate of serious or fatal accidents. The Committee requests the Government to provide information on the penalties imposed in practice in the event of failure to comply with the notification requirement. Noting the absence of information in this respect, the Committee once again requests that the Government indicate the measures taken to ensure that the labour inspectorate is duly notified of all cases of occupational disease. It also requests the Government to provide statistical information, disaggregated by year, on the cases of occupational diseases reported to the labour inspectorate, indicating the number of cases and the cause of the diseases.

Article 15(c). Confidentiality of complaints. The Committee notes that section 16(2) of the Law No. 72 of 2007 provides for the duty of the inspectorate to disclose to the employer information which justifies the inspection. The Committee requests the Government to indicate how it is ensured that labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, in accordance with Article 15(c) of the Convention.

Articles 20 and 21. Annual report on the activities of the labour inspection services. The Committee notes that the Government’s report contain information on the number of labour inspectors and number of workers employed in the country. The Committee also notes that the 2022 report of the Euro-Asian Regional Alliance of Labour Inspections contains information on the number of inspection visits, violations detected, orders issued, fines imposed and recovered and occupational accidents. Nevertheless, the Committee notes that no labour inspection report has been sent to the ILO. The Committee requests the Governmentto take all the necessary measures to ensure the publication of the annual report on the work of the labour inspection services and its transmission to the ILO, in accordance with Article 20 of the Convention. It also requests the Government to ensure that these reports contain information on all the subjects enumerated in Article 21, including statistics on the workplaces liable to inspection (Article 21(c)) and statistics of occupational diseases (Article 21(g)).

[The Government is asked to reply in full to the present comments in 2025.]