Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Written information provided by the Government

According to the Labour Code, state inspectors in the field of supervision and control over compliance with labour legislation are entitled to hold accountable, in accordance with the legislation of the Kyrgyz Republic on offences, persons guilty of violating laws and other regulatory legal acts on labour and, if necessary, invite them to the authorized state body in the field of supervision and control of labour legislation in connection with cases in progress, as well as to send information to law enforcement agencies to hold these persons criminally liable, and file lawsuits in court.

Article 87 of the Code on Offences provides norms for holding perpetrators administratively accountable for violations of labour legislation:

• The conclusion of a labour contract with a person for whom the proposed work is harmful to health according to a medical opinion entails the imposition of a fine of ten indicative calculation units for individuals, and 50 calculation units for legal entities.
• Violation of the rules for involving certain categories of persons in night work, overtime work or work on weekends entails the imposition of a fine of 30 calculation units for individuals, and 130 calculation units for legal entities.
• Violation of the rules for involving certain categories of persons in heavy work or work in harmful or dangerous working conditions entails the imposition of a fine of 55 calculation units for individuals, and 170 calculation units for legal entities.
• Failure to fulfil or improper fulfilment by the employer of the obligations to create healthy and safe working conditions for employees, or to introduce means and technologies ensuring compliance with sanitary and hygienic norms, and of the requirements of technical regulations and other regulatory legal acts on labour protection, entails the imposition of a fine of 75 calculation units for individuals, and 230 calculation units for legal entities.
• Unjustified suspension of citizens from work entails the imposition of a fine of 30 calculation units for individuals, and 130 calculation units for legal entities.
• The engagement of individuals by an employer in work without the formalization of a labour contract entails the imposition of a fine of 75 calculation units for individuals, and 230 calculation units for legal entities.

Note: the calculation indicator is equal to 100 som (US$1.15).

Violations of labour legislation are considered by the authorized body for the control and supervision of labour legislation. The functions of the labour inspectorate are performed by the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic (hereinafter the Service), which performs the following main functions:

• carries out state supervision and control of compliance with labour legislation and other regulatory legal acts containing labour law norms in organizations, through inspections, surveys, the issuance of mandatory instructions for the elimination of violations, and by bringing those responsible to justice in accordance with the legislation on offences.
• analyses the circumstances and causes of identified violations, and takes measures to eliminate them and restore the violated labour rights of citizens;
• investigates industrial accidents using the established procedure, analyses their causes, develops proposals for the prevention of such cases, and approves the conclusions of employers’ reports of a lack of connection between a minor industrial accident and production;
• summarizes the application of the legislation on labour and labour protection and analyses the causes of violations of that legislation, and prepares appropriate measures for improvement;
• carries out inspections on the use of child labour;
• monitors compliance with the established procedure for the investigation and recording of industrial accidents and occupational diseases;
• considers cases of offences in the field of labour in accordance with the legislation on offences;
• exercises control and provides organizational and methodological guidance to the structural divisions of the Service, and regulatory support for those divisions;
• conducts work on improving the qualifications of labour inspectors;
• submits an annual report on the state of labour protection and working conditions to the Cabinet of Ministers through the Ministry of Labour, Social Security and Migration;
• analyses the state and causes of industrial injuries and occupational diseases, and develops proposals for their prevention;
• coordinates the activities of state supervision and control bodies and public control on issues of compliance with laws and other regulatory legal acts on labour and labour protection;
• informs the public about violations of laws and other regulatory legal acts on labour and labour protection identified in organizations;
• conducts explanatory work on the labour rights of employees, and promotes the training of employers and employees on labour protection issues;
• receives citizens, provides consultations, and considers applications, complaints and other appeals from citizens regarding violations of their labour rights, and takes measures to eliminate identified violations and restore violated rights; and
• performs other functions in accordance with the legislation.

The Law on the Procedure for Conducting Inspections of Business Entities establishes the procedure for conducting inspections of business entities by authorized bodies, defines the rights and obligations of authorized bodies and business entities related to the implementation of inspections, indicators of the effectiveness of the activities of authorized bodies, as well as the protection of the rights of business entities from illegal interference in their activities. Currently, the norm providing for notification of a scheduled inspection of the activities of legal entities and entrepreneurs at least ten days before its commencement has been excluded from this Law. Thus, inspectors currently conduct scheduled inspections for compliance with building codes and regulations, requirements for the production, storage, transportation, and sale of food products, labour protection requirements, and environmental safety, without prior notification.

In cases related to ensuring people’s safety and health (in the event of the emergence and spread of infectious diseases and mass non-infectious diseases (poisonings), or industrial accidents), in the event of emergency environmental situations, the threat of an industrial accident, or violation of building codes and regulations, inspections may be sudden and carried out without a written order (an instruction or prescription) in order to identify the causes and sources of the unacceptable impact on the health of the population and to take measures to prevent and eliminate them, with subsequent notification of the authorized body for business development within seven working days. These changes came into force on 14 January 2024.

The Temporary Ban on Inspections of Business Entities was in force until 31 December 2024. As of 1 January 2025, the moratorium (temporary ban) on inspections of business entities has been lifted. An unscheduled on-site inspection of the activities of entrepreneurs can only be carried out by the Service after agreement with the authorized body for business development (the Ministry of Economy and Commerce).

According to the National Statistical Committee, as of 1 January 2025 the number of officially employed individuals in the Kyrgyz Republic amounted to 2,656,200. The number of state labour inspectors in the Kyrgyz Republic today is only 28 full-time units. On average, each inspector is responsible for 100,000 workers. At the same time, in the countries of the Commonwealth of Independent States (Russian Federation, Kazakhstan, Uzbekistan, Tajikistan), on average, each inspector is responsible for 30,000 workers. Due to restrictions on inspections by the Service of all business entities during the period of reorganization of executive authorities, there has been an increase in violations of workers’ labour rights (illegal dismissal, non-payment of wages and vacation pay). The number of industrial accidents, including fatal ones, has also increased, as has informal employment. In addition to considering applications, inspectors of the Service also investigate industrial accidents with severe and fatal outcomes. Furthermore, labour inspectors are entrusted with the function of monitoring the mandatory insurance of the employer’s civil liability for harm caused to the life or health of an employee during the performance of their labour (official) duties. Currently, the Government is considering the issue of increasing the number of state labour inspectors.

Also, based on section 14 of the Law on Trade Unions, section 239 of the Labour Code, and section 19 of the Law on Labour Protection, and the Regulations on the Technical Labour Inspectorate of Trade Unions of Kyrgyzstan, approved by Resolution No. 15-1 of the Presidium of the Council of the Federation of Trade Unions, dated 27 May 2011, trade unions exercise public control over compliance with labour legislation and other regulatory legal acts containing labour law norms. To carry out this function, legal and technical labour inspectorates of trade unions are created, the powers of which are defined in the relevant laws and regulations on trade unions. Obstruction in any form of the lawful activities of workers’ representatives is prohibited.

Discussion by the Committee

Chairperson – I have the honour to invite the honourable Government representative of Kyrgyzstan, Ambassador, Permanent Representative of Kyrgyzstan to the United Nations Office at Geneva, to take the floor.

Interpretation from Russian: Government representative – I would like to discuss the introduction of a temporary moratorium on inspections in enterprises, and at the outset, I would like to clarify that this measure was taken in order to eliminate or reduce any unfounded excessive interference from government entities in the activities of entrepreneurs or enterprises.

In addition to slowing down the socio-economic development in our country, such unfounded excessive inspections had inherent corruption risks and paralysed the work and activities of businesses, as a result of which, it was first and foremost the workers of these businesses that suffered – not business people, not representatives of the private sector. It was the workers who suffered. They were the primary victims of such excessive unsubstantiated and arbitrary inspections.

In this regard, it is also important to note, as I mentioned previously, that this measure was of a temporary nature, and it was expected to be lifted once the socio-economic situation stabilized.

The goal was to support small and medium-sized enterprises (SMEs). However, the particularities of this issue are the following: by supporting SMEs, the State was first and foremost supporting those workers that were involved in this sector. They are the main beneficiaries of the development of SMEs. Moreover, it is also important to emphasize that unscheduled inspections, especially when there is a threat to the life or health of workers, continued to be carried out throughout this entire period, throughout the duration of this moratorium. Therefore, this is how we ensured operational reactions to critical situations.

The mechanisms continue to work in order to maintain the balance between the interests of workers and businesses and entrepreneurs, even during the moratorium period.

From 1 January 2025, we lifted this temporary moratorium, and fully resumed not just unplanned inspections, which continued during this period, throughout the entirety of 2024, despite the moratorium, but also scheduled inspections on occupational safety and health (OSH). One of the main achievements was the annulment of the need for an obligatory notification of inspections ten days prior to the beginning of a planned inspection. Currently, scheduled inspections on OSH and the respect for sanitary health standards and food security take place without notification, which is in full alignment with the provisions of Article 12 of the Convention.

Moreover, should there be any threats to the health or lives of citizens, unscheduled inspections can take place without written orders, should there be notification from the relevant entity within seven days.

Unscheduled and scheduled site visits/inspections are carried out by state labour inspectors, in accordance with Kyrgyz legislation and international commitments, specifically here referring to the Convention. At the same time, there are also aspects that must be improved. We need to increase the number of labour inspectors and, in this regard, Kyrgyzstan expresses its gratitude for this fruitful cooperation with the ILO. We highly appreciate the ILO’s contribution to the promotion of decent work, social dialogue and the respect of international labour standards. We highly appreciate the ILO’s contribution to the promotion of decent work, social dialogue and the respect of international labour standards.

With a view to further strengthening partnerships and the efficient implementation of our priorities in labour and employment, the Kyrgyz Republic would like to request technical assistance and to sign a Decent Work Country Programme. Signing such a programme would facilitate our systematic resolution of these issues and promotion of key issues in employment, thereby improving work conditions and ensuring sustainable development in accordance with international commitments. We very much hope to see a continuation of this constructive cooperation with the ILO, and we express our willingness and readiness to actively participate in the development and implementation of a Decent Work Country Programme.

Worker members – Even though the examination of the case of Kyrgyzstan concerns the Labour Inspection Convention, 1947 (No. 81), we cannot address this case without mentioning the difficult context prevailing in Kyrgyzstan with regard to the exercise of fundamental freedoms such as the freedom of expression, freedom of assembly and freedom of association. Trade unionists have been imprisoned, their possessions confiscated by the authorities, and trade unions are subject to interference by the authorities in their internal affairs, as evidenced, for example, by the forced replacement of the leadership of the Kyrgyzstan Federation of Trade Unions (FPK). Compliance with international labour standards cannot be guaranteed when a State does not ensure an environment conducive to the exercise of basic democratic rights and freedoms. We regret to note that such guarantees do not currently exist in Kyrgyzstan.

Inspection services are a vital public function, ensuring the promotion of decent working conditions and respect for fundamental principles and rights at work. To fulfil this mission, inspection services must be provided with an appropriate legal framework and resources commensurate with the importance of their mission. Unfortunately, we note that the inspection services do not enjoy all these guarantees in Kyrgyzstan.

The first striking factor is the extremely low number of labour inspectors. According to the latest information provided by the Government, there was the equivalent of 28 inspectors working full time. This low number does not allow for proper monitoring of citizens’ rights at work or for preventive measures to be taken. The Government itself indicates that violations of workers’ rights have increased. The number of industrial accidents has also increased, as has informal work.

The territory that certain inspectors are required to cover is so large that they do not have time to perform their duties fully. Furthermore, illegal practices such as forced labour and trafficking in persons are not dealt with by the inspection services. The lack of human resources already prevents the inspection services from functioning properly. It is positive to note that the Government is considering increasing the number of inspectors. This should not only be considered but also be implemented in practice.

The legal framework within which the inspection services have to operate in Kyrgyzstan also has many shortcomings.

The most contentious issue is the moratorium imposed on inspections. A temporary ban on scheduled inspections was imposed in 2023. A Presidential Decree of 9 January 2024 introduced a new moratorium on scheduled inspections for the whole of 2024. The ILO supervisory bodies have repeatedly pointed out that moratoria on inspections contravene the provisions of the Convention and considerably weaken their effectiveness.

This moratorium nullifies the only positive element highlighted in the Committee of Experts’ report. Legislation had indeed taken a positive step forward with the amendment of section 6 of Law No. 72 of 2007, by no longer requiring scheduled inspections to be announced in advance. Unfortunately, the moratorium has suspended all scheduled inspections.

Furthermore, with a few exceptions, inspectors are still required to obtain prior official authorization from the Ministry of Economy and Commerce before conducting an unscheduled inspection.

The Committee of Experts’ report highlights further limitations on the powers of the inspection services provided for by Law No. 72 of 2007:

• limitation of the frequency of inspections according to the risk profile of enterprises;
• limitation of the scope of inspections;
• limitation of inspections to working hours;
• limitation of the possibility of imposing penalties.

However, Articles 12 and 16 of the Convention provide that inspectors must be able to enter freely and without previous notice, at any hour of the day or night, any workplace liable to inspection. Workplaces must be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. All the restrictions mentioned above cannot be in line with these requirements.

Furthermore, inspectors may be dismissed if a court does not confirm the existence of a violation detected by an inspector and finds that the inspector has committed an error.

While cases relating to personal safety and health are among the exceptions where prior authorization from the competent authority is not required for carrying out an inspection, the Committee of Experts’ report points out that the lack of information on measures having immediate executory force to ensure the safety and health of workers makes it impossible to ascertain whether the legislation of Kyrgyzstan is in conformity with Article 13(2)(b) of the Convention. The written information provided by the Government does not shed any more light on this matter.

As we have just seen, there are many reasons for concern regarding the ability of the inspection services to carry out their duties in Kyrgyzstan. The Committee of Experts already identified, in its 2019 general observation on the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that a number of Member States which have ratified one or both of the labour inspection Conventions have implemented reforms that significantly weaken the inherent functioning of labour inspection systems. It noted that this trend was particularly evident in Eastern Europe and Central Asia.

Kyrgyzstan is no exception to this trend. Nevertheless, we hope that the Government will engage in constructive dialogue with the Committee, and with all the ILO supervisory bodies, in order to follow up on the recommendations made to it and thus improve the situation of the inspection services in both law and practice.

Employer members – First, let me start by thanking the Government of Kyrgyzstan for both its explanation just before and the information it provided in May to supplement the Committee of Experts’ report.

We would like to stress the importance of state compliance with the Convention. In fact, it is important for States to comply with all Conventions that are ratified, but here we are focusing on the Convention that was ratified by Kyrgyzstan in 2000. It has never been discussed before this Committee, but there have been observations in 2018, 2020, 2022 and 2024 consistently enough for the Committee of Experts to make this a double footnoted case.

In its latest observations, the Committee of Experts highlighted three major issues.

First, regarding the number of labour inspectors. According to the information provided by the Government, published in May this year, the situation is that the number of employed people in Kyrgyzstan is around 2.7 million people. However, there are only 28 full-time inspectors. That is about one inspector per 100,000 people. I think we would all agree that this is not enough.

The Committee of Experts noted that the labour inspection service is structured around a central office in two regions. That itself suggests that there is a stress on the system because there are too few inspectors across two large areas. The Committee of Experts further noted that the distances from places of permanent deployment to districts and the outskirts are very large and, therefore, inspectors do not have time to fully carry out their duties.

Moreover, there are numerous complaints from citizens about violations of labour rights and labour inspectors do not carry out inspections on forced labour and trafficking in persons due to the limited number of staff.

The Employer members would like to highlight that, according to Article 10 of the Convention, the number of labour inspectors shall be sufficient to secure the effective discharge of the duties of the inspectorate.

We note that currently the Government is considering the issue of increasing the number of inspectors and I would echo the Workers’ comments in this respect.

It is not just a matter of attending, but actually doing something here is really important. Therefore, we welcome the Government’s statement that it is working with the ILO in seeking to establish a Decent Work Country Programme that will take these things into account.

We have taken note that, currently, the Government is considering the issue of increasing the number of state labour inspectors. We appreciate these efforts, and we call upon the Government to take action to ensure that there is a sufficient number of labour inspectors in accordance with the Convention.

In that regard, we would also ask the Government to provide information on the measures taken to increase the number of labour inspectors – not just to say that they intend to – , specifically on what measures will be taken or planned to allocate a budget and to recruit and train a sufficient number of labour inspectors.

Second, regarding the moratorium on inspections, the Committee of Experts noted that a temporary ban on scheduled inspections was imposed between January and December 2023 and, according to the information provided by the Government, this was in effect a temporary ban on inspections of business entities which was in effect until 31 December 2024, and was again lifted in January this year.

We would like to highlight that Article 16 of the Convention provides that workplaces shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

So, while we note with concern that the moratorium was introduced, we do welcome the fact that it was lifted, but we will then also urge the Government to not impose any future moratoria as these are inconsistent with the requirements of the Convention.

Third, there are other limitations on the labour inspectorate. The issue of prior notice. According to Article 12(1) of the Convention, labour inspectors provided with proper credentials should be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection.

The Law on Inspections of Business Entities establishes the procedure for conducting inspections of business entities by authorized bodies. According to the information provided by the Government, the norm providing for notification of a scheduled inspection at least ten days before its commitments has been excluded from this law.

Thus, inspectors currently can conduct scheduled inspections for compliance with building codes and regulations, requirements for the production, storage, transportation and sale of food products, labour protection requirements and environmental safety requirements, without prior notification

In certain cases, for example, relating to ensuring people’s safety and health, inspections may be sudden and carried out without a written order. These changes came into force in January 2024.

The Employer members welcome these developments while noting that unscheduled on site inspections can only be carried out after agreement with the authorized body for business development, the Ministry of Economy and Commerce, according to section 575 of Law No. 72 of 2007.

To better understand the situation, the Employers’ group asks the Government to provide statistics regarding the number of inspections undertaken by labour inspections without previous notice as compared to inspection visits undertaken with prior notice as well as statistics on the number of penalties imposed and effectively enforced.

According to Article 16 of the Convention, workplaces have to be inspected as often and as thoroughly as is necessary to ensure the effective application of the law

The Committee of Experts noted that the following other restrictions provided for in Law No. 72 of 2007 actually remain in force:

• Regarding frequency, scheduled inspections should not be conducted more than once a year in workplaces considered to be at high risk and not more than once every three years in workplaces with an average degree of risk.
• Inspections should not be conducted in new businesses within the first three years of their operation.
• There are limitations to the scope of inspections, particularly in terms of the issues that can be examined.
• Inspections can only be carried out during working hours.
• Where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of the fault of the labour inspector, the inspector is to be removed from office.
• Scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses.

Taking into account these restrictions, the Employer members recommend that the Government ensure that inspectors are able to undertake inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions in line with Articles 12 and 16 of the Convention. Furthermore, in line with Article 17 of the Convention, labour inspectors should be able to initiate or recommend immediate legal proceedings without prior warning where required.

Finally, we recommend that, in line with Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors shall be provided for by national laws or regulations and effectively enforced.

Interpretation from Russian: Worker member, Kyrgyzstan – I would like to greet you on behalf of the Kyrgyzstan Federation of Trade Unions (FPK) and on behalf of the workers of Kyrgyzstan. The FPK currently includes 500,000 people. These workers are invested in events, for example, those carried out by the ILO. The FPK would like to express its gratitude to the ILO for this comprehensive review of the Convention. I believe we should remind all participants here, that the FPK was the initiator behind this request in 2023 on the implementation of this Convention.

We would like to thank you for these recommendations on improving the situation in the Kyrgyz Republic. We appreciate the role played by the ILO as an authoritative body that facilitates the promotion of global standards in the world of work and ensures social justice.

Recently, with tripartite involvement, we worked with the Ministry of Labour as well as the Employers’ group, and we carried out a lot of work in this area.

The FPK actively uses the tripartite mechanisms, and we are engaged in constructive dialogue with the Cabinet of Ministers in Kyrgyzstan in order to improve the system of labour inspections. The issue of ensuring state labour inspections, and providing inspectors with the necessary human resources and technical resources, especially in remote areas, was raised by the FPK.

The FPK has participated in consultations and initiated consultations with the Ministry, during which we achieved an understanding on the need to improve and increase the number of labour inspectors as well as reviewing the regional distribution of resources. I believe that this is a significant achievement in which employers, in particular, participated. We are currently addressing the issue of including this in the budget for 2026.

Based on the results of our dialogue with our social partners in 2025, it was decided to annul the moratorium, and the FPK participated in the discussion around this decision.

The FPK participates in the work and the working group on the review of legislation regarding regulation of labour inspection. Particular attention is paid to the issue of streamlining the process for receiving authorization to carry out inspections and improving the capacity and the authority of inspectors to carry out inspections, should there be threats to the life or health of workers.

We are also working on improving punitive measures and sanctions and ensuring that they are efficient, and on introducing standards for labour inspections, including those in the public sector. In order to implement this right, the FPK should note that we have taken advantage of the rights conveyed to us. We have increased our work with labour inspectors.

From 2024 to this day, inspections and reviews were carried out on the implementation of legislation in businesses that are part of the FPK.

We would like to note that, to date, we have covered approximately 20 per cent of the FPK’s organizations, and that is where our labour inspectors work.

Our main goal is to prevent any accidents at work, as the lives of our workers, the lives of our people, are the priority. This means that no economic measures taken for employers can justify the loss of a human life. This is why we are intensifying our work, and we can say, for example, that where previously only two workers were engaged in labour inspections, we have now increased that number to 20. We have done that over the last years.

The main goal of such work is to ensure that requirements under OSH legislation are respected, by analysing collective agreements, providing methodological support to trade union organizations, providing consultations to employers on issues related to respecting labour rights, as well as strengthening social partnership institutions and improving the culture in these enterprises

As we raise the issue of the application of the Convention, I would like to note that, currently, distinguished colleagues, not one single worker or participant in such movements is detained or imprisoned.

We have noted that, indeed, there is some turbulence in our country, but the situation is being resolved, and we provide all information on this situation. We have participated in meetings on this topic and have committed to providing written information regarding your concerns about the situations of our compatriots, our workers. Many of them are no longer detained. In fact, they are in leadership positions.

Reforms have been carried out and they were a necessity in order to improve the respect of labour laws and standards. As the Chair of the FPK, I can now state that there are no political issues related to the work of our Federation and the members of our trade unions and the trade union movement. We have been in fact discussing these economic issues properly. All investigations were concluded regarding the property of the chairpersons. Nothing was confiscated.

I would like to share with you a saying that we have, which is that it is best to see something once rather than hear it 100 times. And we would like to invite you to visit us, to pay a visit to our country so that you can see with your own eyes how the FPK is now engaged and carrying out its work.

I would like to reiterate to you once again our goal is to protect the rights of workers. Our priority is the worker and the workers’ interests that we are attempting to protect. We do not want to just increase in number. We want to protect the interests of our workers.

In conclusion, I would like to say that the FPK reiterates its full commitment to the provisions of the Convention, and we express our readiness to continue constructively cooperating with the ILO and, as this is a tripartite institution, we cooperate with our social partners, with the Government and the employers. We are convinced that, only through collective efforts, can we build an effective professional and independent labour inspection system that would be able to ensure that the rights of workers are respected and that there is justice in this sector, and thanks to our collective efforts, we can in real life, and not just on paper, protect the labour rights of our members.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the EFTA countries Iceland and Norway, members of the European Economic Area align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

Labour inspection, as provided for in the Convention, is key in promoting and safeguarding decent working conditions.

The EU and Kyrgyzstan signed an Enhanced Partnership and Cooperation Agreement with labour provisions in June 2024, advancing and strengthening cooperation with the country in key policy areas such as trade and investment, employment and social affairs.

Moreover, the Kyrgyz Republic became the first country in the region to receive EU trade preferences under the Generalised Scheme of Preferences Plus programme (GSP+), committing to the implementation of 27 core international Conventions, particularly on human rights and labour rights. Kyrgyzstan has a workforce of about 3 million people.

We note with concern the latest Government’s indications that there are currently only 28 labour inspectors and that the lack of staff impacts Kyrgyz regions unequally as, in some, there are only one or two inspectors in total.

We also note with deep concern the Government’s information regarding the increase in violations of workers’ labour rights and the increase in industrial accidents, including fatal ones. We regret that, due to the limited number of staff, labour inspectors do not carry out inspections on forced labour and human trafficking.

In line with the Committee of Experts’ recommendation, we urge the Government to ensure the effective application of the relevant legal provisions in all regions and to provide information on the measures planned or adopted to increase the number of labour inspectors. The effective functioning of the labour inspection system is crucial to ensure full realization of labour and other human rights in practice.

We took note of the Government’s written information from 19 May, in which it states that it is considering the issue of increasing the number of state labour inspectors. We share the Committee of Experts’ deep concern on the temporary ban on scheduled inspections imposed between January and December 2023 and on the renewed moratorium on labour inspections introduced in January 2024 until the end of 2024.

We would be interested to know the reasons leading to the Government introducing this moratorium, which is a serious violation of the ratified labour inspection Convention, and which can significantly weaken the enforcement of labour standards and workplace conditions.

We appeal to the Government to remove the multiple remaining restrictions and limitations on the powers of labour inspectors contained in Law No. 72 of 2007 in order to ensure that they are empowered to enter workplaces freely and without previous notice, to undertake inspections as often and as thoroughly as necessary, to initiate or recommend immediately legal proceedings without prior warning, and to ensure the effective enforcement of penalties for violations of the legal provisions as set out in the Code of Offences.

We therefore urge the Government of Kyrgyzstan to bring its national legislation into full conformity with the Convention. We encourage the Government of Kyrgyzstan to follow up on the request by the Committee of Experts to provide information and statistics in this regard.

Moreover, we appeal to the Government to take the necessary measures to bring its legislation into conformity with the Convention to ensure that orders requiring measures with immediate executive force may be issued by labour inspectors, and to ensure the safety and health of workers, particularly in case of imminent danger. We invite the Government to provide information on the number and content of these measures to the Committee of Experts.

The EU stands ready to support Kyrgyzstan with the aim of strengthening the Government’s capacity to address the issues raised with regard to meeting its obligations under the ratified Conventions.

Government member, Switzerland – Switzerland supports the statement delivered by the EU and wishes to make the following points. Switzerland would like to reiterate the key role played by labour inspection systems, provided that they are effective, in ensuring the respect and enforcement of legal provisions established by labour law. In this regard, labour inspection is a cornerstone of the implementation of fundamental principles and rights at work.

In this regard, Switzerland expresses its concern regarding the numerous practical, political and legal restrictions that undermine the proper functioning of the labour inspection system in Kyrgyzstan. With only 28 inspectors throughout the country, according to the figures provided by the Government in its latest report, the staffing situation is extremely critical. This drastically limits the capacity of inspectors to perform their duties. Due to a lack of resources, inspectors do not, for example, carry out inspections on forced labour or trafficking in persons. In addition to the lack of staff, two consecutive moratoria were implemented, which suspended all scheduled inspections from January 2023 to December 2024.

Switzerland therefore calls on the Government to take all necessary measures to ensure that the labour inspection system has sufficient staff and resources to carry out its functions properly, including ensuring the effective enforcement of penalties.

Worker member, Sweden – I am speaking on behalf of the workers in the Nordic countries. Labour inspection is an essential institution for enforcing labour rights. Its efficient functioning is central for the rule of law, the health and safety of workers, the sustainability of enterprises and the transition from an informal to a formal economy. Without an impartial and fair labour inspection equipped with enough staff and means to supervise labour and harsh legislation and to prescribe remedies, workers’ rights are hard to enforce. Especially when freedom of association is not guaranteed, and that is the case for Kyrgyzstan, which is in category 5, the worst category of the International Trade Union Confederation Global Rights Index.

Regretfully, many governments from newly independent States in the former Soviet Union seem not to understand the significance of the Convention for the entire labour rights system. Today, we are discussing this issue in Kyrgyzstan. We will discuss it in Uzbekistan later. We discussed it in Kazakhstan last year and Tajikistan several years ago. Referring to this region, the Committee of Experts in its general observation in 2019 expressed concern that some Member States had ratified the labour inspection Conventions but had taken measures that substantially undermine such inspections, all in the name of improving the investment climate and business environment. Some governments, including Kyrgyzstan’s, enact moratoria on labour inspections, and even if the Kyrgyzstan Government reports that the moratorium was not prolonged, there are no guarantees that a new moratorium will not be enacted.

We call on the Government to refrain from new moratoria. Our experience from the Nordic countries is that good working conditions, including a good working environment, lead to better results and contribute to increased productivity. That explains why many employers in our countries are involved in collective bargaining and care about labour inspections as well.

That is one of the reasons why it is so sad to learn that labour inspectors in Kyrgyzstan face restrictions in many different ways. The inspectorate itself is underfinanced and understaffed. Kyrgyzstan, with a workforce of more than 3 million workers, has only 28 labour inspectors. The inspectors are simply too few and lack the means to do their job.

The Government must adapt its national laws so that inspectors can carry out their work as often and as thoroughly as necessary to ensure compliance with the Conventions Kyrgyzstan has ratified. In addition, labour inspectors must be authorized to directly order measures to improve the safety and health of workers, to monitor compliance with these measures, to take legal action against those responsible for violations, and to impose penalties. All this is clearly identified by the Committee of Experts. We in the Nordic countries and the EU expect our trade partners to respect fundamental workers’ rights. Kyrgyzstan has received beneficial trade arrangements but fails to live up to its commitments to workers’ rights.

The detention of trade union leaders and the presence of security officers at trade union congresses is completely unacceptable. Freedom of association, the right to organize and bargain collectively, and the right to a safe and healthy working environment are interconnected fundamental rights at work and, in line with the Convention, labour inspection is a vital public function.

In its report, the Government recognizes certain shortcomings and indicates that it is discussing with social partners and lawmakers the necessary steps to improve the situation. We sincerely hope that the Government will take those steps.

Interpretation from Russian: Government member, Belarus – We would like to thank the delegation of the Kyrgyz Republic for providing detailed information on this issue. We welcome the progress made by the Government in the implementation of the provisions of the Convention. This country has developed and has a functioning effective system for the supervision and control of labour legislation with a view to ensuring that the interests of workers are protected. It is constantly being improved.

At the same time, measures are provided to prevent any unfounded interference in the work of businesses by the regulatory bodies. We appreciate that the Kyrgyz Republic has demonstrated that it is striving towards openness and transparency in the labour sector, which is reflected in the provision of information on labour relations and its public availability. We welcome the active tripartite dialogue with social partners, which ensures that all interested parties are able to participate in the formation and improvement of state policy on labour and employment.

The commitment of the Kyrgyz Republic to respecting international labour standards shows that the country is ready to implement universally recognized best practices in this area at the national level.

Interpretation from Russian: Worker member, Russian Federation – Russian trade unions support the efforts undertaken by Kyrgyzstan’s trade unions to align legislation and practical work of the state labour inspectorate with the Convention, in industry and commerce, with a view to ensuring its effectiveness when it comes to protecting the rights of workers.

In our view, considering that this is a key Convention, it is not only trade unions but also employers that should be interested in minimizing any violations of the rights of workers and in adhering to safe labour conditions and reducing cases of injuries at work. This is why we believe that employers are also interested in labour inspectors working efficiently.

At the same time, the Committee of Experts’ report shows that the number of inspectors is insufficient, as a result of which they are simply not able to quickly and effectively react to any workers’ complaints. In addition to that, the mechanism of moratorium was used in the interest of foreign investors to decrease and limit unscheduled inspections by labour inspectors. Currently, the process for carrying out scheduled inspections is also complicated. The basis for such inspections is restricted to threats to the life and health of workers, which means that labour inspections are unable to cover other rights. We would like to note how widespread such practices are in countries in our region, including my country, which justifies the attention paid by the ILO supervisory system.

Considering the aforementioned, we would like to call on the Government and Parliament of Kyrgyzstan to implement the recommendations of the Committee of Experts, including with regard to increasing funding and the number of inspectors of the national labour inspection services, as well as expanding the authority of these inspectors in order to fully align them with the commitments undertaken when ratifying the Convention. We also call on them to abandon this damaging practice of introducing moratoria on the work of labour inspections, which leads to loss of life and health of workers and does not protect the interests of investors.

Government member, United Kingdom of Great Britain and Northern Ireland – The United Kingdom has a long-standing commitment to protect workers’ rights through encouraging robust and adequately funded labour inspection regimes. We welcome the opportunity to discuss these important issues in this forum. The United Kingdom welcomes the amendment to section 6 of Law No. 72 of 2007 of the Kyrgyz Republic which permits planned inspections to be conducted without prior notice as provided for in the Convention.

However, despite such steps and in line with observations made by the FPK, we note that the Kyrgyz Republic remains non-compliant with the Convention and has been selected for discussion at this Committee.

Indeed, as noted by the Committee of Experts, there remain limitations in Law No. 72 of 2007 on the powers of inspectors, including but not restricted to the requirement for inspectors to obtain prior formal authorization before carrying out an unscheduled inspection, limits on the frequency of labour inspections and limits on the scope of inspections.

The Committee of Experts has also determined that there is an insufficient number of labour inspectors undermining the inspectorate’s ability to perform its duties effectively. We are also concerned by the renewed moratorium on labour inspections enacted by presidential decree, which appears to constitute a serious violation of the Convention.

The United Kingdom works closely with the Kyrgyz Republic right across multilateral Geneva and welcomes its steadfast commitment to international law and, therefore, encourages it to make every effort to comply with the Convention by removing these limitations. We also hope that the Kyrgyz Government will renew its commitment to ensuring that labour inspectors are sufficiently resourced by addressing funding and capacity issues. Working together with the ILO, we can create a safer and more equitable working environment for all our workers.

So, in conclusion, the United Kingdom encourages the Government of the Kyrgyz Republic to implement the recommendations of this report and meet its obligations under the Convention. We hope that the Government’s next report to the Committee of Experts will confirm the full implementation of the requested action and demonstrate further positive developments towards the effective functioning of the labour inspection system.

Government member, Kazakhstan – Kazakhstan expresses its support for the Kyrgyz Republic in its efforts to strengthen compliance with the Convention. We acknowledge the points outlined in the Committee of Experts’ report and commend Kyrgyzstan’s commitment to address them. The Republic of Kazakhstan recognizes the right of each State to independently develop its labour inspection systems in accordance with national socio-economic conditions and international obligations.

In our view, this approach ensures a balanced integration of universal ILO standards with country-specific contexts, fostering sustainable development and social stability. In this connection, we acknowledge the notable steps that Kyrgyzstan has taken to align its labour inspection system with the Convention, including the lifting of the temporary ban on business inspections. These actions demonstrate political will and the commitment to strengthen oversight of labour law compliance. We view Kyrgyzstan’s efforts as an important contribution to protecting labour rights, ensuring safe working conditions and promoting social dialogue.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – The right to a safe workplace is a fundamental human right in the field of work and in labour relations. It actually occupies a key position in the system of labour standards because it is essentially about protecting and saving lives. Two institutions can guarantee safety and health in the workplace. These are the state labour inspectorate and free and effectively functioning trade union organizations. In relation to occupational health and safety, the tasks of both are to identify and eliminate occupational hazards and risks in close cooperation where possible. Unfortunately, we know that this system of health and safety protection has seriously degraded in all the countries of Eastern Europe and Central Asia. It has led to a decrease in the value of human life and increase in statistics of injuries and accidents at work, including fatal ones.

We therefore commend the Government of the Republic of Kyrgyzstan for providing information to the Committee and for its stated willingness to cooperate with the ILO. We hope that this will be the first step that will reverse the negative development and will be followed by other steps aimed at creating a holistic and effective system of safety at work. At the same time, we would like to note that in the context of the Kyrgyz Republic, this will require significant effort because it is a matter of the need to seriously change people’s attitude to the issue of their own safety. It is also necessary to create a system of employer responsibility that encourages investment in safety in the workplace. Experience shows that only punitive measures on the part of the State do not lead to positive results. On the contrary, they can encourage corruption in the workplace safety system.

But that is what the Government report seems to be focusing on, not making an effort to consider positive motivation measures for employers and workers, and not considering the promotion of social dialogue on issues related to health and safety. Another factor that cannot be overlooked in the creation of an effective occupational safety system is the presence or absence of freedom of association. In an atmosphere of mistrust of state authorities and the absence of truly independent workers’ organizations, it is impossible to ensure the elimination of hazards and occupational risks. And here it should be noted that the space for freedom of expression, peaceful assembly and association in Kyrgyzstan has been significantly reduced in recent years.

In particular, the authorities have intensified efforts to suppress all forms of public criticism despite substantial and well-founded objections from civil society and international nongovernmental organizations. Journalists and civil rights activists critical of government policies have faced increased media attacks, arbitrary detention, harassment and unfair trials. The authorities use a very broad definition of political activity to restrict the right to freedom of association. Trade unions have also come under pressure from government authorities, as was recorded in the complaint to the Committee on Freedom of Association registered under Case No. 3386.

The situation in Kyrgyzstan was the subject of discussion at our 28th IUF Congress in 2023 where the delegates from different countries of the world expressed concerns about legislative initiatives restricting trade union rights in Kyrgyzstan. But this situation became worse in the following period. Between November 2023 and spring 2024, six elected trade union leaders were placed under arrest, each of them for several months.

The reasons for this arrest are still unclear and we believe this is a serious reason for us to express concern about the compliance of the country with fundamental ILO Conventions, especially the Convention on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98), which are enabling instruments to enforce international standards, including on health and safety at work.

We call on the Government to provide explanations on the reasons for the arrests of the trade union leaders. This should be publicly explained as a necessary step to enable trade unions to function in an atmosphere free of fear of interference and to construct a safe and healthy environment in the workplace.

Observer, IndustriALL Global Union – I am speaking on behalf of IndustriALL Global Union, which has three industrial affiliates in Kyrgyzstan. Although the moratorium reported by the Committee of Experts was lifted earlier this year, we are concerned about the Government’s continued practice of imposing temporary bans and restrictions on scheduled inspections, which remains unacceptable. Likewise, other limitations on the scope and functioning of labour inspections as highlighted by the Committee of Experts are also unacceptable.

Nevertheless, we welcome the lifting of the last moratorium, and we expect the Government to take further steps to ensure that labour inspections are conducted as regularly and as thoroughly as necessary to achieve the effective application of legal provisions, in compliance with Article 16 of the Convention.

The Government should also address immediately the insufficient number of labour inspectors. There are currently 28 labour inspectors to service 2.6 million workers in a country which is mostly mountainous with many areas of difficult access. Therefore, we call on the Government to increase the number of labour inspectors, allocate sufficient means to implement their job and ensure that all regions are covered.

The Government should also implement all recommendations, as stated in the last report of the Committee of Experts, to bring its national legislation into full conformity with the Convention, thus removing the multiple remaining restrictions on the powers of inspectors, enabling inspectors to initiate or recommend immediate legal proceedings without prior warning and ensuring the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences.

We call on the Government to seek the assistance of the ILO to implement the necessary legal changes and to accept a direct contacts mission to facilitate tripartite dialogue in the application of fundamental labour standards.

Even though we expressed satisfaction at the liberation last year of Eldar Tadjibaev, the Chairperson of the Mining and Metallurgy Trade Union of Kyrgyzstan, which is affiliated with the IndustriALL Global Union, and we understand the charges against him were dropped and he was able to return to his position, we call on the Government to ensure the full respect of fundamental labour rights as enshrined in Conventions Nos 87, 98 and 81. Freedom of association, the right to organize and collective bargaining, and the right to a safe and healthy working environment, are interconnected fundamental principles and rights at work.

Observer, Building and Wood Workers’ International (BWI) – The BWI represents workers in construction, building materials, wood and forestry – sectors where the effective functioning of labour inspection systems is not a formality but a matter of life and death. For workers in these high-risk industries, compliance with the provisions of the Convention is not only a legal obligation but an essential requirement for protecting their health, safety and fundamental rights.

As outlined in the Article 2 of the Convention, the purpose of labour inspection is to enforce legal provisions related to conditions of work and the protection of workers. Additionally, Article 5 of the Convention mandates that the competent authorities should take appropriate measures to promote cooperation between labour inspectors and employers and workers or their representative organizations.

However, the effective application of these Articles is impossible without genuine and meaningful social dialogue between the government, employers and workers. And such dialogue cannot exist in an environment where freedom of association is not fully respected. Recent developments within the FPK, including its branch unions and affiliates of the BWI, between late 2023 and early 2024, during which six trade union leaders were detained and others stepped down from their positions, have raised concerns about the current environment for trade union activity in the country. The BWI encourages the Government to reaffirm its commitment to fundamental labour rights, particularly to freedom of association, as upheld by international standards and the nation’s own constitution.

Labour inspection systems are not merely an administrative tool. They are vital public institutions. When they are unfunded, legally constrained or unable to operate independently, they fail to protect workers from exploitation, unsafe conditions and rights violations. Their effectiveness is fundamentally linked with the broader respect of international standards, particularly the fundamental rights guaranteed by Conventions Nos 87 and 98 on freedom of association and collective bargaining.

Therefore, in addressing the situation in Kyrgyzstan and addressing compliance with the Convention, the ILO should place particular emphasis on the necessity of adhering to Conventions Nos 87 and 98. Ensuring these rights are essential to restoring the integrity and effectiveness of labour inspection, and to safeguarding the lives, health, and dignity of workers across BWI sectors and beyond.

Interpretation from Russian: Government representative – I am very pleased to align myself not just with the words spoken but every letter contained in the statement of our distinguished colleague from Kazakhstan who, I note with great pleasure, was able to clarify the specificities of the situation in Kyrgyzstan, comparing, for example, the conditions or the context of situations in all countries in the region. I am referring specifically to Central Asia. In order to respond to the questions that were voiced during our discussion, I would like to make a few clarifications.

Again, if we were to go back to the statement by our colleague from Kazakhstan, the majority of these issues are of an objective nature, and I believe that is why certain questions were addressed not just to us but to other countries in the region and I believe that is why the Employer members called Kyrgyzstan Kazakhstan three times. In fact, we are delighted to be confused with our brotherly, neighbourly nation and I believe that such an approach where everyone is grouped together, shows a certain lack of understanding of the facts and I will explain why I have this impression, an impression that is now a conviction in fact.

I would like, on behalf of Kyrgyzstan, to invite these critics of our country to pay us a visit and see the changes that are currently underway, that have been underway since the peaceful revolution of 2020. I invite you to pay us a visit and see what we are doing, what measures we are taking, and I would like to share a few facts with you.

Over the last three years, the volume of tax contributions to the budget of Kyrgyzstan has increased threefold and the volume of customs contributions has increased fourfold. Our economy, although it is growing at a rate faster than 10 per cent, cannot provide for such a level of contributions to the budget and that is why this is a result of our actions in combating organized crime and corruption. As a consequence, our country is able to increase wages and pensions.

At the World Health Assembly, which recently concluded, we noted with great pleasure that last year alone wages increased by 50 per cent for all medical professionals. With regard to the baseless accusations that are related to freedoms or rights, I agree with our colleague. Once again, I would like to invite you to pay us a visit.

Then we also heard certain accusations – in fact, the only word we can use for this is accusations – regarding forced labour and trafficking in persons, but there has not been a single case of forced labour in our country. No official registered cases. I would like to request the Worker members to provide us with this information, should they somehow be in possession of it. I am not saying that the Labour Code prohibits forced labour. I am saying that we have no such information. There are no statistics, no data on this. There is no such phenomenon in our country.

Next is the statement by distinguished representative of Poland on behalf of the EU, which contained a request to provide clarifications on the moratorium of 2024. In my introductory remarks, I believe I sufficiently clearly explained the reasons for this moratorium in detail. The reasons for the moratorium are not or were not to impede or attack the rights of workers. Quite the opposite. The only reason behind the moratorium was related to combating corruption in regulatory or supervisory bodies. Once again, I would like to explain that corruption in these control mechanisms, the bodies and authorities that handle these, leads to the impingement or infringement of the rights of workers.

We believe that Kyrgyzstan’s logic behind introducing this moratorium is quite clear and, in that regard, I would warmly welcome the comments from the representative of Switzerland who emphasized, that without sufficient resources, the labour inspection system itself cannot effectively carry out its work. I referred to that in my introductory comments.

We request and we are suggesting that we sign a Decent Work Country Programme with a view to expanding technical assistance to the Kyrgyz Republic. That is what we request and recommend.

When it comes to the questions from the Worker members and our colleague from Sweden, as well as the representative of the IUF, regarding criminal cases against the former leadership of trade unions, the former leadership of the trade unions unfortunately found itself mired in corruption. They forgot for whom and for what they existed and whose contributions or whose fees with which they were leading luxurious lives.

The State, through law enforcement and the court system, was forced after numerous complaints from regular members of these trade unions, to activate mechanisms through which the courts handled these investigations and these issues. As a result, none of these figures were imprisoned. Six were detained and the majority of these people who found themselves mired in corruption when they returned the funds stolen from the workers, were all released.

Moreover, several of them are once again active in the trade union sector. This is thanks to our independent judicial system, and those who were able to prove their innocence and their non-involvement in the misappropriation or abuse of funds that took place under the previous leadership of the trade unions, were able to resume their activities in the area.

In conclusion, I would like to close my statement by once again reiterating that the moratorium, which was active last year, was an emergency measure and was a temporary measure that was introduced in order to protect the rights of workers and to resolve or prevent the results of the corruption of certain figures in this area. I wanted to explain very quickly why this moratorium was introduced last year and the reason for it.

Once again, I would like to extend an invitation to you to visit Kyrgyzstan. I would like to invite the Worker, Employer and Government members, those of you who are genuinely interested in finding out what the situation is and the situation that we are currently discussing, you are most welcome. We invite you to Kyrgyzstan. Our doors are open for you. We will welcome you and explain to you, show you why and for which reasons we are unable, for example, to fully meet certain commitments currently.

Once again, the work in which we are engaged in our country to eliminate corruption and organized crime results in certain innovations that certain members of our Cabinet may consider to be an infringement of rights or the non-fulfilment of commitments by Kyrgyzstan and that is why once again I would like to extend to you a warm welcome to Kyrgyzstan.

Employer members – First let me thank the Government and my apologies for my earlier error. I would also like to thank the other speakers that have spoken. There have been a number of things talked about. I have to say some of those were a bit off-piste in the sense that we are here to talk about labour inspection, but we have heard about a number of other areas as well. So, when we get to the conclusions obviously, we need to make sure we come back to focus.

We just reiterate what I said earlier, which is that the Convention is a governance priority Convention, and we stress again that we condemn any non-compliance relating to the application of ratified Conventions in general and here, as we have heard, labour inspection is a critical piece of the functioning of an effective and efficient labour market and the rule of law. A rules-based system requires an effective labour inspection system to function properly.

In light of the Committee of Experts’ observations in today’s discussion, we would simply like to recommend the following.

First, we would call upon the Government to ensure that there are a sufficient number of labour inspectors in line with Article 10 of the Convention, and furthermore, the Government should provide information on measures planned or taken to increase the number of labour inspectors, and on the budget allocation for labour inspection services.

Second, we would ask the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors without previous notice as compared to inspection visits undertaken with prior notice, as well as statistics on the number of penalties imposed and effectively enforced.

With these actions, we also note that we heard the Government’s explanation of its reasons behind the moratorium, and we applaud the fact that this moratorium was not a permanent one. It has been lifted. But if these measures that we have recommended are taken, that should alleviate the need for any other emergency measures involving a moratorium, and we would urge the Government not to take those sorts of measures again in the future.

Lastly, we would recommend that the Government bring national law and practice into line with Articles 12, 16, 17, 18 of the Convention. In all of these things, we count upon the cooperation of the Government to implement all of these recommendations, and we urge the Government to take advantage of the assistance afforded by the ILO as they may find useful.

Worker members – We thank the Government representative for the written and oral information submitted to our Committee. We have heard, during our discussions, that the exercise of fundamental freedoms such as the freedom of expression, assembly and association, are particularly difficult in Kyrgyzstan. Trade unionists have been imprisoned, their possessions have been confiscated by the authorities, and trade unions are subject to interference by the authorities in their internal affairs. Our Committee is bound to recall that restoring the guarantee of the exercise of these freedoms is fundamental for compliance with international labour standards.

The same applies for compliance with the Convention. We have observed several shortcomings in this respect.

It is with deep concern that we note that the Government reintroduced a moratorium on labour inspections in 2024, which constitutes a serious violation of the Convention.

The persistence of other restrictions, particularly those contained in Law No. 72 of 2007, on the competencies of labour inspectors, considerably reduce the capacity of the labour inspectorate to effectively carry out its duties.

For this reason, we consider that it is vital for the Government to take measures within the pre-established time limits in order to restore compliance in law and in practice with the Convention.

We therefore invite the Government to guarantee a sufficient number of labour inspectors so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legislation. The territorial coverage of inspection services is also fundamental to ensure that all regions of the country can be covered by labour inspection. It would be useful for the Government to provide information on the measures envisaged or adopted to increase the number of labour inspectors.

It would also be useful for the Government to provide information on the budget allocated to inspection services.

The moratoria on inspection services must be lifted without delay and the Government must refrain from reintroducing such moratoria in the future. The Government must also ensure that labour inspectors have the capacity to carry out inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in conformity with Article 16 of the Convention.

The Government must also ensure that its legislation complies with Article 12 of the Convention by removing the multiple restrictions on the competencies of labour inspectors.

It is also paramount for labour inspectors to prompt or recommend legal proceedings without prior warning, where required, in accordance with Article 17 of the Convention.

The Government must effectively enforce the penalties imposed for violations of provisions of the Criminal Code relating to the remit of labour inspectors, in accordance with Article 18 of the Convention.

The Government must provide statistics on the number of inspections carried out by the inspection services without prior warning, compared with inspections conducted with prior warning, as well as the number of penalties imposed and effectively enforced.

The Government must ensure that the inspection services can take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, in accordance with Article 13(2)(b) of the Convention. In this regard, we request the Government to provide information on the number of injunctions per year for immediate measures issued by labour inspectors, and also to indicate the reason for these injunctions and their outcome.

We request the Government to receive an ILO direct contacts mission and to provide the Committee of Experts with full information, by 1 September 2025, on the measures taken to implement our Committee’s recommendations.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with deep concern the re-introduction of a moratorium on labour inspections for the year of 2024, which represents a serious violation of the Convention.

The Committee also noted the persistence of other limitations, contained in Law No. 72 of 2007, to the powers of inspectors and the insufficient number of labour inspectors, which significantly undermines the inspectorate’s ability to perform its duties effectively.

Taking into account the discussion, the Committee urged the Government to take effective and time-bound measures to:

• ensure that there is a sufficient number of labour inspectors so that workplaces can be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions;
• provide information on the measures planned or adopted to increase the number of labour inspectors;
• ensure that all regions are covered by the labour inspectorate;
• provide information on the budget allocation for labour inspection purposes;
• act promptly to eliminate the moratorium on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention;
• bring its national legislation into full conformity with Article 12 of the Convention by removing the multiple remaining restrictions on the powers of inspectors;
• ensure that inspectors are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17;
• ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18;
• intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention;
• provide all pending information requested by the Committee of Experts.

The Committee requested the Government to avail itself of ILO technical assistance.

The Committee also requested the Government to provide a detailed report on the measures taken to implement the above recommendations before 1 September 2025.

Chairperson – I invite the Government representative of Kyrgyzstan to take the floor.

Another Government representative – On behalf of the Government of the Kyrgyzstan Republic, I wish to express our appreciation to the Committee for its important work and continued commitment to the values and mechanisms of the ILO supervisory system. We thank the Committee for the time and attention devoted to examining the case of Kyrgyzstan under the Convention. We reaffirm our full respect for the mandate of this Committee and reiterate the readiness of the Kyrgyzstan Republic to engage in a constructive and transparent dialogue with the ILO supervisory bodies.

As a Member State, Kyrgyzstan takes seriously its obligations under the ratified Conventions and remains committed to strengthening its national labour inspection system in line with international standards.

At the same time, we firmly believe that it is in the best interest of all parties involved and of the ILO system as a whole that discussions within this Committee remain focused on issues that are directly relevant to the application of the Convention under review.

We must avoid the conflation of unrelated matters that fall outside the scope of the Convention and that risk diverting attention from the real substance of compliance and improvement.

We are confident that the dialogue between the Government and the ILO will continue in a spirit of mutual respect, clarity and genuine cooperation. Let us remain guided by the shared objective of strengthening labour rights and protections in a manner that is fair, objective and anchored in the legal framework of the ILO.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Article 5(a) and (b) of Convention No. 81. 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. Following its previous comments on the memorandum of cooperation 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 notes the indication of the Government that this cooperation takes place through consultations, including on occupational safety and health. The Government indicates that legal and technical labour inspectors of trade unions’ powers are defined in trade union laws and regulations, and that obstruction of lawful activities undertaken by workers’ representatives is prohibited. The Committee requests the Government to provide further information on the frequency and results of consultations and any effects of this cooperation on the work of the Service for Control and Supervision of Labour Legislation.

Article 6. Status and conditions of service of labour inspectors. The Committee notes the Government’s indication that the Service for Control and Supervision of Labour Legislation has a budget of 28.9 million Kyrgyz som (approx. US$330,500). Noting with regret the absence of information on the conditions of service of labour inspectors, the Committee once again requests the Government to provide information on the remuneration, career prospects and other conditions of service of labour inspectors, in comparison to those 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. Following its previous comments on this matter, the Committee notes the Government’s indication that there were 171 occupational accidents, including 81 fatal accidents recorded in 2023. Noting an absence of information in response to its previous request, the Committee once again requests the Government to indicate how labour inspectors are notified of cases of occupational diseases and to provide statistics of the cases of occupational diseases reported to the labour inspectorate.

Article 15(c). Confidentiality of complaints.In the light of section 16(2) of Law No. 72 of 2007, requiring labour inspectors to disclose to the employer information which justifies the inspection, the Committee once again requests the Government to indicate how it ensures that Article 15(c) of the Convention is fully complied with.

Articles 20 and 21. Annual report on the activities of the labour inspection services. Following its previous comments, the Committee notes that the Government’s reports contain information on the number of labour inspectors, the number of workers employed in the country, and the number of occupational accidents. However, it notes that labour inspection reports have not been sent to the ILO. The Committee further notes that, before the Conference Committee, the Government had indicated that the functions of the labour inspectorate included the submission of an annual report on the state of labour protection and working conditions to the Cabinet of Ministers through the Ministry of Labour, Social Security and Migration. The Committee once again requests the Government to take 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 line with Article 20 of the Convention. It also requests the Government to take the necessary measures to ensure that those reports contain information on all the subjects enumerated in Article 21.

B. Labour administration

Articles 1, 4 and 9 of Convention No. 150. Organization and effective operation of the system of labour administration. Following its previous comments, the Committee notes the information provided by the Government regarding the organization of the labour administration system in different areas, including wages, labour relations, and occupational safety and health, and the responsibility of the Ministry of Labour, Social Security and Migration in developing and implementing the national policy relating to occupational safety and employment promotion. The Committee also notes the organigram of the labour administration under Appendix 2 of the Resolution of Cabinet of Ministers No. 252 of 15 November 2021, as amended. Noting that the organigram refers to regional departments, the Committee requests the Government to provide further information on their responsibilities, and on the manner in which it is ascertained that they operate according to national laws and regulations and adhere to their assigned objectives (Article 9).

Article 5 and 6(1). Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. National labour policy. Following its previous request regarding the role of social partners, the Committee notes the Government’s indication that the Labour Division of the Department for the preparation of decisions in the area of labour participates in: (i) the development of a draft general agreement between the Cabinet of Ministers of the Kyrgyz Republic, the Federation of Trade Unions of Kyrgyzstan and national employers’ associations; and (ii) the work of the national tripartite commission on the regulation of social and labour relations. The Committee also notes the role of the Labour Division in developing draft legislation and regulatory acts on matters relating to labour relations and preparing proposals to improve such legislation. The Committee requests the Government to provide further information on this cooperation with social partners in practice, including the work of the national tripartite commission on the regulation of social and labour relations. It requests the Government to provide further information on the role of competent bodies within the system of labour administration in the preparation and implementation of laws and regulations giving effect to the national labour policy.

Article 6(2)(c). Services made available to employers and workers. While noting the information provided on cooperation with social partners, the Committee requests the Government to provide further information on the specific services available to employers and workers, and their respective organizations, to promote effective consultation and cooperation.

Article 7. Promotion of the extension of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee once again requests the Government to indicate any measures taken for the gradual extension of functions of the labour administration system to categories of workers who are not, in law, employed persons.

Article 10. Human resources and material means of the labour administration system. Qualification, training, and independence of the staff of the labour administration system. With reference to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide further information measures giving effect to Article 10, including how it ensures that the staff of the labour administration is suitably qualified, has access to training, is independent of improper external influences, and has the status, the material means and the financial resources necessary.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2025.

The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the 2025 conclusions of the Committee on the Application of Standards (Conference Committee) on the application of Convention No. 81 by Kyrgyzstan, which urged the Government to take effective and time-bound measures to:

• ensure that there is a sufficient number of labour inspectors so that workplaces can be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions;
• provide information on the measures planned or adopted to increase the number of labour inspectors;
• ensure that all regions are covered by the Labour Inspectorate;
• provide information on the budget allocation for labour inspection purposes;
• act promptly to eliminate the moratorium on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention;
• bring its national legislation into full conformity with Article 12 of the Convention by removing the multiple remaining restrictions on the powers of inspectors;
• ensure that inspectors are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17;
• ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18;
• intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention;
• provide all pending information requested by the Committee of Experts.

The Committee notes that in its observations, the IOE expresses its hope that progress will be made in the application of Convention No. 81 in line with the conclusions of the Conference Committee and in close consultations with the most representative employers’ organizations. The Committee expects that the Government will take the necessary and prompt measures to ensure the appropriate follow-up to the conclusions of the Conference Committee, in consultation with the social partners, and to address the outstanding issues included in its comments below.

Articles 3, 10 and 16 of the Convention. Effective functioning of the labour inspection system. Sufficient number of labour inspectors. Following its previous comments on this issue, the Committee notes with deepconcern the Government’s indication in its report that the number of full-time state labour inspectors in the country remains 28 at the present time. The Committee notes that, according to the Government, the recruitment of additional labour inspectors will be considered in 2026, after lifting the moratorium on increasing the number of full-time positions, introduced by Presidential Decree No. 247 of 3 September 2024. The Government also reiterates its previous concerns regarding the lack of staff in relation to the duties of labour inspectors, and the insufficient coverage of labour inspection in the provinces. The Committee once again strongly urges the Government to take all necessary measures to ensure a sufficient number of labour inspectors so that workplaces can be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to continue to provide information on the progress achieved in this respect.

Articles 12, 16, 17 and 18. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on inspections. Following its previous comments on this matter, the Committee notes the Government’s indication that the moratorium established by the Presidential Decree adopted on 9 January 2024 has now been lifted. The Committee also notes the Government’s statement that it has observed an increase in the number of violations, including non-payment of wages, unlawful dismissals, and in the number of occupational accidents, resulting from the restrictions placed on labour inspection. With reference to the Committee’s general observation of 2019 on the labour inspection Conventions and recalling that any moratorium placed on labour inspection is a serious violation of the Convention, the Committee expects that no moratorium of this nature will be placed on labour inspection in the future.

2. Other limitations on the powers of inspectors. In its previous comments, the Committee noted the amendments to section 6 of the Law No. 72 of 2007 on the conduct of inspections in enterprises and the introduction of a new section 7(5), pursuant to which certain scheduled and unscheduled inspections can now be carried out without previous notice. The Committee nonetheless observes that the Government underlines that those provisions (sections 6(7) and 7(5) of Law No. 72 of 2007) apply to specific inspections, including those related to construction standards and regulations, the production, storage, transportation and sale of food products, labour protection and environmental safety. The Committee further notes with deep concern that the other restrictions covered under Law No. 72 of 2007 have not yet been amended. Those include: (i) restrictions on the frequency of labour inspections (sections 6(3) and (8)); (ii) limitation of the scope of inspections, particularly in terms of the issues that can be examined (sections 6(5) and 7(4)); (iii) limitation of inspections to working hours (section 16(2)); (iv) powers to remove labour inspectors from office where the court disagrees or finds a fault with their decisions (section 20); and (v) restrictions on labour inspectors’ ability to initiate legal proceedings without previous warning (section 11). The Government indicates that the Ministry of Labour, Social Protection and Migration sent a letter with a request to introduce amendments to bring national legislation into compliance with international obligations. The Committee once again urges the Government to: (i) bring its national legislation into full conformity with Article 12 of the Convention by removing the remaining restrictions on the powers of inspectors; (ii) to ensure that inspectors are able to undertake inspections as often and as thoroughly as is necessary to ensure the effective application of legal provisions, and to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Articles 16 and 17; and (iii) to ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors, in conformity with Article 18. The Committee requests the Government to provide information on the progress achieved in this regard and on the number of inspections conducted, violations detected and penalties imposed. It requests the Government to indicate how labour inspectors are empowered to carry out inspections without previous notice on subjects unrelated to those listed under sections 6(7) and 7(5) of Law No. 72 of 2007, and whether section 6(6) of Law No. 72 of 2007, imposing a prior notification of 10 days, remains in force.

Article 13(2)(b). Measures with immediate executory force to ensure the safety and health of workers. Noting the indication that the Ministry of Labour, Social Protection and Migration has requested to amend the national legislation to bring it into compliance with international obligations, the Committee urges the Government to provide further information on this process and to indicate the measures proposed to give effect to Article 13(2)(b).

The Committee is raising other matters in a request addressed directly to the Government.

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

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.]

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

The Committee notes the observations of the Kyrgyzstan Federation of Trade Unions (FPK) received on 1 September 2023.

Articles 3, 10 and 16 of the Convention. Effective functioning of the labour inspection system. Sufficient number of labour inspectors. The Committee notes with concern the Government’s indication in its report that there are currently only 28 labour inspectors, including the leadership of the Service for Control and Supervision of Labour Legislation, and that this number is too low in relation to the subjects to be inspected. In this respect, the Government reports that there are currently 2,537,900 people officially employed in the country. The Government further indicates that: (i) due to a lack of staff, in the Talas region there is only one inspector for the entire region, while in the Batken, Issyk-Kul, Naryn and Jalal-Abad regions there are two inspectors respectively; (ii) the distances from places of permanent deployment to districts and outskirts are very large, and therefore inspectors do not have time to fully carry out their duties; (iii) there are numerous complaints from citizens about violations of their labour rights (for the first nine months of 2023, almost 1,752 applications were received); and (iv) due to the limited number of staff, labour inspectors do not carry out inspections on forced labour and human trafficking. The Committee also notes that, in its observations, the FPK indicates that the actual number of state labour inspectors is not sufficient to adequately supervise the observance of citizens’ labour rights, and it also does not allow labour inspectors to conduct preventive measures. The Committee further notes that the Service is structured around a central office and two interregional management offices, one for the northern region and the other one for the southern region. The Committee urges the Government to ensure that there is a sufficient number of labour inspectors so that workplaces can be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. In this respect, the Committee requests the Government to provide information on the measures planned or adopted to increase the number of labour inspectors and to ensure that all regions are covered. It also requests the Government, once again, to provide information on the budget allocation for labour inspection purposes.

Articles 12, 16, 17 and 18. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on inspections. The Committee notes that a temporary ban on scheduled inspections was imposed between January and December 2023. The Committee further notes with deep concern that a new moratorium has been established by a Presidential Decree adopted on 9 January 2024, with a suspension of scheduled inspections until the end of 2024. As noted in its general observation of 2019 on the labour inspection Conventions, the Committee recalls that this restriction substantially undermines the inherent functioning of the labour inspection system and is contrary to the provisions of the Convention. Therefore, the Committee urges the Government to act promptly to eliminate the moratorium on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of Convention No. 81.

2. Other limitations on the powers of inspectors. The Committee notes with satisfaction that section 6 of the Law No. 72 of 2007 on the conduct of inspections in enterprises was amended and now provides that planned inspections should be conducted without prior notice. However, the Committee notes that the ongoing moratorium undermines the effect of this legislative change since scheduled inspections are suspended. The Committee also notes the introduction of the new section 7(5) of the same law which provides that, for unscheduled inspections, in cases related to ensuring the safety of life and health of people, in the event of environmental emergencies, the threat of an accident at work, or violation of construction norms and rules, inspections may be conducted without the prior authorization by the Ministry of Economy and Commerce. The authorized body for business development shall be subsequently notified within seven working days. The Committee notes that in all other cases not involving the conditions set in section 7(5) of the Law No. 72 of 2007, inspectors are still required to obtain the prior formal authorization before carrying out an unscheduled inspection. The Committee also notes with deep concern that other restrictions provided for in the Law No. 72 of 2007 remain in force, namely: (i) on the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high-risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8))); (ii) limitation of the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 6(5) and 7(4)), (iii) inspections can only be carried out during working hours (section 16(2)); (iv) where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector, the inspector shall be removed from office (section 20); and (v) scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and, in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (3 days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation (section 11). The Committee notes that according to the report of the Euro-Asian Regional Alliance of Labour Inspections, in 2022 there were 816 inspection visits, 1,402 violations detected, 378 binding orders issued and 1,142,000 Kyrgyzstani Som (approximately US$12,700) of fines recovered. Lastly, the Committee notes once again that the effective application of the penalties established by the Code of Offences continues to be hampered by the limitations established by Law No. 72 of 2007. With reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to: (i) bring its national legislation into full conformity with Article 12 of the Convention by removing the multiple remaining restrictions on the powers of inspectors; (ii) to ensure that inspectors are able to undertake inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16; (iii) that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17; and (iv) to ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors without previous notice, as compared to inspection visits undertaken with prior notice, as well as statistics on the number of penalties imposed and effectively enforced.

Article 13(2)(b). Measures with immediate executory force to ensure the safety and health of workers.Noting the absence of new information in this regard, the Committee once again urges the Government to intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention. In addition, it requests the Government to provide information on the number of orders requiring measures with immediate executory force issued by labour inspectors per year and to indicate the cause and outcome of such orders.

In light of the situation described above, the Committee notes with deep concern the renewed introduction of a moratorium on labour inspections for the year of 2024, which represents a serious violation of the Convention. The Committee also notes the persistence of other limitations, contained in Law No. 72 of 2007, to the powers of inspectors (i) to enter freely and without prior notice any place liable to inspection at any hours of day and night (Article 12(1)); (ii) to inspect as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16); (iii) to initiate or recommend immediate legal proceedings without prior warning (Article 17); and (iv) to ensure the effective enforcement of penalties for violations of the legal provisions (Article 18). In addition, the Committee notes with concern the insufficient number of labour inspectors, which significantly undermines the inspectorate’s ability to perform its duties effectively. The Committee therefore considers that this case meets the criteria set out in paragraph 90 of its General Report to be asked to come before the Conference.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 113th Session and to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3, 4, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the Service for Control and Supervision of Labour Legislation. Further to its previous comments on the effective functioning of the labour inspection system, the Committee notes that the Government Decision No. 88 of 2021 on the Ministry of Health and Social Development, whereby the functions of the State Environmental and Technical Safety Inspectorate in terms of control and supervision of compliance with labour legislation had been transferred to the Ministry of Health and Social Development, has been repealed by Government Decision No. 249 of 15 November 2021 (section 5).

It also notes that, according to the new reorganization of the labour inspection system under the Regulations on the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration, approved by Government Decision No. 317 of 17 December 2021: (i) the Service for Control and Supervision of Labour Legislation is a unit subordinate to the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic (section 1); (ii) the functions of the Service are to ensure the protection and enforcement of labour rights and labour protection requirements and provide employers and employees with assistance in understanding labour legislation, as well as information on the most effective means and methods of complying with its provisions (section 9); and (iii) the Service for Control and Supervision of Labour Legislation shall be composed of regional labour inspectors subordinate to the Director of the Service (section 14), who shall be appointed to and removed from the post by the Director in accordance with labour legislation and legislation in the field of state civil and municipal service (section 12).

It also notes the information provided by the Government, in response to its previous request concerning statistics on the number of labour inspection visits carried out, that a total of 1,489 inspections were conducted (including 767 in 2019 and 722 in 2020) and 115 investigations were undertaken. The Committee observes that the Government did not provide information on the number of workplaces and workers covered by these inspections nor on the follow-up action taken in relation to the issues of non-compliance identified. Considering the new reorganization of the labour inspection system, the Committee requests the Government to provide information on the number of labour inspectors appointed to the Service for Control and Supervision of Labour Legislation and the measures taken to ensure that the number of labour inspectors in the Service is sufficient to ensure the effective performance of the inspection functions, and to provide information on the measures taken in this respect. It also requests the Government, once again, to provide information on the budget allocation for labour inspection purposes and to continue to provide statistics on the inspection visits carried out, with indications on the number of workplaces and workers covered by the inspections, as well as information on the follow-up action taken in relation to the non-compliances detected, including statistics on the number of penalties imposed for violations of labour legislation. Lastly, it requests the Government to provide an organizational chart of the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration in view of the 2021 administrative reform.

Article 5(a) and (b). 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. Further to its previous comments on the collaboration between the Federation of Trade Unions of Kyrgyzstan and the State Labour Inspectorate and its impact on enforcement, the Committee notes that the Government indicates that, in 2019, the Union's Technical Labour Inspectorate inspected 222 organizations, collaborating with public inspection bodies in 64 of them. As a result, the Government indicates that 856 cases of non-compliance with OSH regulations were detected, 201 orders were issued and 147 notifications of compliance were received within the established deadline. In addition, the use of equipment, plant and machinery was suspended in 12 cases, including three workshops and one enterprise, due to a clear threat to the life and health of workers. It also notes the Government’s information on the seminar held in April 2021 on the theme "Anticipate, prepare and respond to the crisis – ensure workers’ safety and working conditions", which was attended by technical labour inspectors from national, sectoral and regional trade union associations and representatives of the competent public body for the supervision and control of compliance with labour legislation.

With respect to the powers and rights of trade union technical inspectors, the Committee notes the Government's indication that the powers of trade union legal and technical labour inspectors are defined in the relevant laws and regulations on trade unions. In this respect, it notes that, in accordance with the Trade Unions Act of 1998 (as amended), legal and technical labour inspectorates have the same rights as the State Labour Inspectorate (section 14). Trade union inspectors are empowered to exercise the basic rights of State inspectors set out in section 402 of the Labour Code, which include, inter alia, conducting inspection visits, requesting and obtaining documents and explanations from employers and executive bodies of local administration necessary for the performance of control functions, investigating industrial accidents, issuing binding orders to rectify violations of labour legislation, suspending work at workplaces where violations of health and safety requirements are detected, as well as eliminating such violations and prosecuting persons guilty of violating labour legislation. It further notes the Government’s indication that there are currently 32 technical labour inspectors working in the Union's Technical Labour Inspectorate, organized by industry and region.

Furthermore, the Committee notes the Government’s information, in response to its previous request concerning information on the number of labour inspections carried out by technical inspectors, as well as the outcome of such inspections, that in 2020, trade union technical labour inspectors were involved in 137 investigations of occupational accidents, including 44 fatal accidents (affecting 165 workers). It notes that in 2019, technical labour inspectors (i) processed 773 communications, declarations and complaints related to OSH violations of workers' rights, including 47 communications from employers requesting explanations on various OSH rules; (ii) made 89 settlements totalling 70.8 million KGS (equivalent to US$857,017) in one-off payments, of which more than 90 per cent was paid to the victims or families of the deceased; and (iii) took part in 202 court cases, of which 39 cases were settled in favour of workers by courts at different levels. Lastly, the Committee notes that, under the Regulations on the Service for Control and Supervision of Labour Legislation of 2021, the Service is to carry out its activities in cooperation with executive authorities, state supervisory and control bodies, as well as with local self-government bodies, prosecutor's offices, trade union associations, employers, and other public organizations (section 4). The Committee requests the Government to continue to provide information on the collaboration between the newly re-organized Service for Control and Supervision of Labour Legislation and other Government services and public or private institutions engaged in similar activities, as well as between the Service, the employers and the Federation of Trade Unions, and the impact of these collaborations on enforcement. In this respect, it requests the Government to continue to provide information on the number of labour inspections carried out by 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, in accordance with section 402 of the Labour Code in conjunction with section 14 of the Trade Unions Act. Noting the absence of information on this matter, the Committee requests once again the Government to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply as well to legal and technical inspectors.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indications that labour inspectors are civil servants who are selected on a competitive basis - based on eligibility requirements such as work experience and education - and are employed on an indefinite basis. It notes, however, that the Government did not provide any information on the budgetary allocation for labour inspection purposes. The Committee requests the Government to 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. It also once again requests the Government to provide information on the budgetary allocation for labour inspection purposes.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments on the measures taken to ensure effective notification of cases of occupational diseases to the labour inspectorate, the Committee notes that the Government refers to sections 20 and 21 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, concerning the notification of industrial accidents, but not of occupational diseases.

It also notes that the Government indicates that it would discuss the terms of section 7 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, at a meeting of the National Tripartite Commission. The Committee recalls that, in its previous comments it noted that, under this provision, the health organization is obliged to notify the employee's occupational disease to the State Centre for Territorial Health and Epidemiological Surveillance and to the employer, but that the decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspectorate is duly notified of all cases of occupational disease, and to provide information on the outcome of the discussion at the level of the National Tripartite Commission. 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. In addition, it requests the Government to provide copies of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, and of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, as amended.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the information contained in the annual labour inspection reports for 2018, 2019 and 2020 transmitted by the Government, including statistics on (i) inspections visits conducted (1,086 inspections in 2018, 767 in 2019 and 722 in 2020); (ii) violations identified (3,565 violations in 2018, 1,289 in 2019 and 2,592 in 2020); (iii) industrial accidents (77 accidents in 2018, 59 in 2019 and 64 in 2020). It also notes the information on the number of orders issued by labour inspectors (547 orders in 2018, 381 in 2019 and 333 in 2020), as well as the amount of money collected through the application of administrative fines between 2018 and 2020 (in total, KGS3,909 equivalent to US$48). In this respect, the Committee refers to its comment on the application of Article 18. It also notes that no information was provided in the annual reports on the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, and statistics of occupational diseases. Noting that, according to section 10 of the Regulations on the Service for Control and Supervision of Labour Legislation, the Service is required to submit to the Cabinet of Ministers an annual report on the state of labour protection and working conditions, the Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2023.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on labour inspections. Further to its previous comments on this matter, the Committee takes due note that the moratorium on inspections has expired on 1 January 2022. In this regard, it notes that Government Decision No. 586 of 2018 on the introduction of a temporary ban on the inspection of economic entities was declared null and void by virtue of Resolution of the Cabinet of Ministers No. 9 of 14 January 2022 on the invalidation of certain decisions of the Cabinet of Ministers (section 1, Annex, para. 2836). It also notes that the annual reports on the work of the labour inspectorate covering the period 2019–20 provide detailed statistics on the number of inspection visits carried out during the reference period.

The Committee also notes that the labour inspection system has been reorganized as set out in the Regulations on the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration, approved by Government Decision No. 317 of 17 December 2021. According to these Regulations, the Service for Control and Supervision of Labour Legislation is now the body authorized to perform the functions of state supervision and control of compliance with labour legislation (sections 1 and 10). The Committee observes that, according to section 11(7) of Law No. 72 of 2007 on the conduct of inspections in enterprises, in exceptional cases the Government has the right to introduce a temporary ban (moratorium) on conducting inspections in order to improve the economic situation. Recalling that a moratorium placed on labour inspection would substantially undermine the inherent functioning of the labour inspection system and would be contrary to the provisions of the Convention, the Committee urges the Government to take all necessary measures to amend the legislation and to ensure that no moratorium on labour inspections be placed in the future and that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention.

2. Other limitations on labour inspection. The Committee has repeatedly referred to the serious limitations on the powers of labour inspectors and on the undertaking of labour inspections set forth in Law No. 72 of 2007 on the conduct of inspections in enterprises. The Committee notes with deepconcern that such limitations remain in force. It also notes the Government’s indication concerning the provision of administrative penalties for violations of labour legislation contained in the Code of Offences, which was adopted on 28 October 2021 by Law No. 126. In this respect, it notes that sections 87 to 93 of this Code provide for fines for violations of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee notes that, despite the adoption of the Code of Offences, which penalizes violations to labour legislation, labour inspections continue to be hampered by the limitations established by Law No. 72 of 2007. Therefore, the effective enforcement of the penalties set out in sections 87 to 93 of the Code of Offences is also undermined.

Furthermore, the Committee notes with deep concern that the Government refers once again to its statements made in 2019, concerning the status quo of labour inspection in the country asserting that, under Law No. 72, the authorized state body may carry out unplanned on-site inspections only after the Ministry of Economy has given its consent, that this is the only form of inspection during which labour inspectors can check that employers comply with the requirements of labour legislation, and that if the organization has a qualified lawyer, any inspection with prior notice or limited to a review of documents provided by the employer has almost no chance of identifying actual breaches of labour legislation, even if they are serious.

Lastly, the Committee notes the information provided by the Government on the inventory and revision of laws carried out by the inter-agency expert group by virtue of Presidential Decree No. 26 of 8 February 2021 on the Conduct of an Inventory of the Legislation. With reference to its 2019 general observation on the labour inspection Conventions, the Committee urges the Government to bring its national legislation into full conformity with the Convention. Specifically, it requests the Government to take prompt measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice, in conformity with Article 12(1)(a) of the Convention, that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of the Convention, and that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention.

In this connection, the Committee requests the Government to provide information on the measures taken in order to ensure the amendment of Law No. 72 of 2007 on the conduct of inspections in enterprises, including consideration given to this issue within the National Tripartite Commission and in the context of the inventory and revision of laws carried out by the inter-agency expert group. It further urges the Government to intensify its efforts to ensure the effective enforcement of penalties for violations of the legal provisions enforceable by labour inspectors as set out in the Code of Offences, in conformity with Article 18 of the Convention. In addition, the Committee requests the Government to provide statistics regarding the number of inspection visits undertaken by labour inspectors without previous notice, as compared to inspection visits undertaken with prior notice, as well as statistics on the number of penalties effectively enforced.

Article 13(2)(b). Measures with immediate executory force to ensure the safety and health of workers. Further to its previous comments, the Committee notes the Government’s reference to the inventory of policy frameworks, strategies, programmes and laws carried out by the inter-agency expert group by virtue of Presidential Decree No. 26 of 2021 on the conduct of an inventory of the legislation, as well as its indication that the public authorities are actively working to improve legislation, which will include revising existing laws.The Committee notes, however, that no concrete measures have yet been taken to empower labour inspectors to issue orders requiring measures with immediate executory force in case of imminent danger to the health and safety of workers. It also notes the information contained in the annual reports, according to which, in the period from 2018 to 2020, there were 75 fatal accidents. The Committee therefore urges the Government to intensify its efforts to bring the national legislation into conformity with Article 13(2)(b) of the Convention. In addition, it requests the Government to provide information on the number of orders requiring measures with immediate executory force issued by labour inspectors per year and to indicate the cause and outcome of such orders.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2023.]

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

Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee previously noted the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 2012 enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate following the merger of several specialized inspection bodies including the former State Labour Inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration.

The Committee notes that the Government indicates in its report that under the Regulations on the State Inspectorate for Environmental and Technical Safety, the inspectorate has 13 subdivisions with different working areas, and it refers to the functions of the labour inspectorate as set out in the Labour Code. The Committee also notes the Government’s response, in reply to its previous request concerning the assignment of labour inspection functions to the supervision and control of a central authority, that the functions of control and monitoring of compliance with labour legislation are carried out by a department of occupational safety and health and labour relations, which has five staff members, including the head of the department. It further notes the Government’s response to the Committee’s request on the status of labour inspectors that labour inspectors are civil servants and that qualification requirements, such as work experience, education and skills, have been developed and approved. The Government also provides information on two instances of the training activities organized for labour inspectors in 2019. Lastly, the Committee notes the Government’s indications that since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate in 2012, a total of 7,232 labour inspection visits have been made (including 987 in 2017 and 1,086 in 2018) and 879 investigations carried out. The Committee requests the Government to provide further information on how effect is given to the Convention in the reorganized system of inspection under the State Environmental and Technical Safety Inspectorate. It requests the Government to indicate whether the inspectors in the department of occupational safety and health and labour relations perform any functions other than the primary functions set out in Article 3(1) of the Convention. It also requests the Government to provide further specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4). Noting the Government’s indication that there are five inspectors in the department of occupational safety and health and labour relations, it requests the Government to take the necessary measures to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and it requests information on the budgetary allocation for labour inspection purposes. Lastly, it requests the Government to continue to provide statistics on the number of labour inspection visits carried out by the department of occupational safety and health and labour relations and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, including statistics on the number of penalties imposed for violations of labour legislation (Articles 17 and 18).

Article 5(a) and (b). 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 the Government’s indications, in response to its previous request, that in accordance with section 19 of the Occupational Safety and Health Act, public monitoring of compliance with the law in the field of occupational safety and health is carried out by the trade unions through appropriate technical labour inspectorates, which are empowered, inter alia, to monitor employers' compliance with occupational safety and health legislation; participate in the investigation of industrial accidents and occupational diseases; submit to the authorized State body proposals for the suspension of work in cases of threat to the life and health of employees; and submit to employers mandatory requests for the elimination of identified violations of occupational safety and health requirements. Under section 14 of the Act on Trade Unions, trade unions may monitor employers' compliance with labour legislation and demand the elimination of identified violations. In addition, employers are obliged to examine communications from trade unions on the elimination of labour law violations and to inform the trade union body, within one month, of the results of their examination and of the measures taken. It also notes the Government’s indications that in order to monitor and control compliance with labour legislation, trade unions establish legal and technical labour inspectorates that enjoy the same rights as state labour inspectorates. It further notes the Government’s reference to section 410 of the Labour Code, which prohibits hindering legal activities of workers’ representatives. It notes, in addition, the Government’s indications that 35 technical labour inspectors, organized by industry and region, are currently working for the Federation of Trade Unions of Kyrgyzstan. In this regard, the Committee notes that a long-term mutual cooperation agreement was signed in 2014 between the Federation of Trade Unions and the State Environmental and Technical Safety Inspectorate to carry out state supervision and control of compliance with labour legislation. The aim of the agreement is to establish the basis for cooperation between the parties in order to protect the labour rights of workers, prevent, identify and eliminate violations of labour legislation, increase the role of state supervision and control of compliance with labour legislation. Lastly, the Committee notes the information provided by the Government on the establishment of the Technical Labour Inspectorate Council to coordinate the activities of trade unions’ technical labour inspectorates, exchange work experiences and cooperate with employers' associations and state supervisory bodies. Noting that the Federation of Trade Unions of Kyrgyzstan has significantly more staff performing inspections than the State Environmental and Technical Safety Inspectorate, the Committee requests the Government to continue to provide information on the collaboration between these two bodies and the impact of this collaboration on enforcement. It requests the Government to provide further information on the powers and rights of the technical inspectors, and to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply to such inspectors. The Committee further requests the Government to continue to provide information on the number of labour inspection carried out by the technical inspectors, as well as the outcome of such inspections, including any penalties imposed.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s indications, in reply to its previous request on the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases, that under section 20 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, the employer must promptly notify serious or fatal industrial accidents to the state labour inspectorate of the province or the city of Bishkek and the regional association of trade unions, among other bodies. It also notes the Government’s indications that, in accordance with section 21 of the Regulations, the administration of health-care institutions, pathology departments and morgues must inform the relevant state labour inspectorate within 24 hours of persons received with serious or fatal injuries resulting from industrial accidents. It further notes that the Government indicates that notification of occupational diseases is carried out in accordance with sections 7 and 8 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011. In this respect, the Committee notes that section 7 of this Government Decision provides that the health organisation is obliged to notify the State Centre for Territorial Health and Epidemiological Surveillance and the employer of the employee's occupational disease, but that the Decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that cases of occupational diseases are effectively notified to the labour inspectorate.

[The Government is asked to reply in full to the present comments in 2021.]

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

The Committee notes the observations made by the Kyrgyzstan Federation of Trade Unions (KFTU) received on 30 September 2020.

Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. 1. Moratorium on labour inspections. The Committee notes the Government’s indication in its report regarding the adoption of Government Decision No. 586 of 2018 on the introduction of a temporary ban on the inspection of economic entities. The Committee notes with deep concern that Government Decision No. 586 provides for such a temporary ban between 1 January 2019 and 1 January 2021 (section 1). The Government Decision states, in its preamble, that it aims to: create favourable conditions for business development, improve the investment climate, support the economic activities of business entities and prevent interference of authorized bodies in the activities of business entities. However, the Committee notes the KFTU’s statement that since inspections have been prohibited, any violation of workers' labour rights can only be investigated on the basis of a worker's complaint, which creates favourable conditions for employers to cover up any violation of labour rights and industrial accidents. The KFTU further states that the moratorium has had a negative impact on occupational safety and the prevention of occupational accidents.

While noting that inspections may be carried out in connection with applications from individuals and legal entities concerning violations of labour rights (section 1(4)), the Committee recalls that Article 16 of the Convention provides for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions. Recalling that a moratorium placed on labour inspection is a serious violation of the Convention, the Committee urges the Government to eliminate the temporary ban on inspections and to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in compliance with Article 16 of the Convention. The Committee also requests the Government to provide its comments with respect to the KFTU observations.

2. Other limitations on labour inspection. The Committee previously noted with concern that Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises provides for various limitations on labour inspection powers and the undertaking of labour inspections, including restrictions relating to: (i) the power to undertake labour inspections without prior notice (scheduled inspection visits have to be notified at least ten days prior to the inspection (section 6(6)); (ii) the free initiative of labour inspectors (labour inspections require a formal authorization, in coordination with the body for the development of entrepreneurship (section 12(3)); (iii) the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8)); and (iv) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (sections 6(5) and 7(4)). Pursuant to section 20 of Law No. 72 where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector, the inspector shall be removed from office. Section 11 of Law No. 72 provides that scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and that in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (three days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation.

The Committee notes that the Government indicates that there have been no amendments to these provisions of Law No. 72 and that it plans to consider the issue within the framework of the National Tripartite Commission. The Government states that in accordance with Law No. 72, the authorized state body may carry out unplanned on-site inspections only after the Ministry of Economy has given its consent. The Committee notes with deep concern the Government’s statement that this is the only form of inspection during which labour inspectors can check that employers comply with the requirements of labour legislation, and its further statement that if the organization has a qualified lawyer, any inspection with prior notice or limited to the study of documents provided by the employer has almost no chance of identifying evidence of actual labour law violations. The Committee also notes the observations of the KFTU referring to the number of occupational accidents and indicating that Law No. 72 has had a negative impact on occupational safety and the prevention of occupational accidents.

The Committee recalls its General Observation of 2019 on the labour inspection Conventions, expressing concern at reforms that substantially undermine the inherent functioning of labour inspection systems and urging governments to remove these restrictions, with a view to achieving conformity with Convention No. 81. The Committee once again urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of the Convention and that they are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention. It further urges the Government to take the necessary measures to ensure that labour inspectors are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions. The Committee also requests the Government to provide information on the progress made in this regard, including the consideration given to this issue within the National Tripartite Commission. It recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Article 13(2)(b). Measures to ensure the safety and health of workers. In its previous comments, the Committee referred to section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code and requested the Government to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in case of imminent danger to the health or safety of workers, even where no specific violation of the legislation is identified. The Committee notes that the Government indicates that it plans to consider the issue within the framework of the National Tripartite Commission. The Committee once again requests the Government to take measures to bring the national legislation into conformity with Article 13(2)(b) of the Convention and to provide information on the measures taken.

Articles 20 and 21. Annual labour inspection report. In its previous comments, the Committee requested the Government to provide information on the measures taken by the central labour inspection with a view to publishing and transmitting to the Office the annual labour inspection report. In this respect, the Committee notes the statistical data on labour inspection visits and violations detected provided in the Government’s report in 2019, but notes that the Government has not submitted an annual report on the work of the labour inspection activities. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and transmitted to the ILO in accordance with the requirements of Articles 20 and 21.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2021.]

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Articles 3, 4, 6, 7, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the State Environmental and Technical Safety Inspectorate. The Committee notes that the Government, in response to its question on the reform of the labour inspection system, once again refers to the Regulations on the State Inspectorate for Environmental and Technical Safety adopted by Decision No. 136 of 20 February 2012, which enumerate the multiple functions of the State Environmental and Technical Safety Inspectorate, including environmental, technical safety, and labour inspections following the merger of several specialized inspection bodies including the former State Labour Inspectorate. This Decision repealed, among others, Government Order No. 82 of 9 February 2010 on the State Labour Inspectorate and Government Order No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining which clearly outlined the function and role of the State labour inspectorate. The Regulations set out a significant number of functions of the State Inspectorate for Environmental and Technical Safety related to, among others, monitoring environmental standards, land legislation and construction, transportation, storage and use of fertilizers, rights related to water use and ship registration. In this respect, the Committee would like to recall that, in accordance with Article 3(1) of the Convention, the primary functions of the system of labour inspection shall be ensuring the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties (Article 3(2)). Moreover, the Committee would like to recall that Article 4 provides that the inspection system shall be placed under the supervision and control of a central authority. Furthermore, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of government and of improper external influences (Article 6); labour inspectors shall be recruited with sole regard to their qualifications and adequately trained to dispose of relevant capacities for the performance of their duties (Article 7); and each Member shall take the necessary measures to ensure that the number, extent and quality of inspectors and inspections and the allocation of financial means (Articles 10, 11 and 16) shall be such as to ensure the effective application of the relevant legal provisions. Moreover, labour inspectors must be provided with the rights and powers provided by the Convention (Articles 12, 13 and 17) and must be bound by the obligations provided for in the Convention (Article 15). The Committee requests information on how the principles of the Convention are given effect to in the reorganized system of inspection. Particularly, noting that the functions relating to the control of labour legislation are only one part of the many functions entrusted to the State Inspectorate for Environmental and Technical Safety, the Committee requests that the Government specify how it ensures that the other functions entrusted to the State Inspectorate do not have a negative effect on the effective discharge of the labour inspectors’ primary duties (Article 3(2)). It also requests the Government to provide specific information on the assignment of supervision and control functions to a central authority for labour inspection functions (Article 4), as well as the budgetary and human resources allocated for labour inspection purposes (Articles 10 and 11). The Committee requests clarification on whether inspectors assuming labour inspection functions have the necessary status and conditions of service (Article 6) and qualifications to carry out these duties and the nature of the training they receive for this purpose (Article 7). The Committee finally requests that the Government provide detailed statistics on the number of labour inspection visits carried out since the merger of the different inspection services under the State Environmental and Technical Safety Inspectorate, and the number of workplaces and workers covered by these visits in the different sectors (Article 16), as well as the follow-up action given in relation to issues of non-compliance detected, such as the imposition of sufficiently dissuasive penalties to avoid the recurrence of labour law violations (Articles 17 and 18).

Article 5(a). Cooperation with between the inspection services and other government services and public or private institutions engaged in similar activities. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the various forms of cooperation developed with the public and judicial bodies, referred to in section 400 of the revised Labour Code, and the fields covered by such collaboration.

Article 5(b). Collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes that the revised Labour Code continues to provide for the cooperation of the public bodies responsible for controlling compliance with the labour legislation with the trade union organizations, among other bodies (section 400). It also notes that, by virtue of section 409 of the Labour Code, trade unions continue to be entrusted with inspection functions, and are empowered to set up legal and technical inspections. Since the Government has not provided a reply in response to the Committee’s previous request under this Article, the Committee once again requests the Government to provide information on the cases and conditions under which trade unions exercise the inspections functions entrusted to them by the Labour Code. It also once again requests the Government to provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and to indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety. The Committee requests the Government to specify the conditions applicable to trade union inspectors so as to ensure their stability of tenure and independence from improper external influences.

Article 13(2)(b). Measures to ensure the safety and health of workers. The Committee notes that section 17 of the Occupational Safety and Health Act and section 402 of the Labour Code empower labour inspectors to order injunctive measures in situations involving labour law violations which result in dangers to the life and health of workers. The Committee recalls that Article 13(2)(b) only requires the existence of an imminent danger to the health or safety of the workers, and that neither a specific labour law violation, nor a danger to the life of workers, are required in this regard. The Committee requests the Government to take the necessary measures to bring the national legislation into compliance with the requirements of the Convention by empowering labour inspectors to take measures with immediate executory force in the event of imminent danger to the health or safety of the workers, even where no specific violation to the legislation is identified.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Since the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate the manner in which the labour inspectorate is notified of industrial accidents and cases of occupational diseases.

Labour administration: Convention No. 150

Articles 1, 4 and 9 of the Convention. Organization and effective operation of the system of labour administration. The Committee notes that the Government has once again not provided the requested detailed information on each provision of the Convention, reflecting changes following the implementation of any measures in the administrative reform as noted by the Committee in its last comment. The Committee notes from the Government’s website that the former Ministry of Youth, Labour and Employment (MYLE), is now named Ministry of Labour and Social Development (MLSD). In the absence of any response in this regard, the Committee once again requests the Government to provide a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MLSD and other ministries, ministerial departments or public agencies and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. The Committee also once again requests the Government to provide information on the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MLSD and its agencies, or between several ministries when performing labour administration activities.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. Since the Government has not provided a reply in response to the Committee’s previous request, the Committee once again requests the Government to describe the involvement of the social partners at the national, regional and local levels as well as within the different economic sectors (including through the activities of the National Tripartite Committee for Social and Labour Relations and any other tripartite bodies) in the system of labour administration.

Articles 5 and 6(1). Preparation and implementation of laws and regulations giving effect to the national labour policy, in consultation and cooperation with the most representative organizations of employers and workers. In its previous comment, the Committee noted the ongoing review of the National Labour Code. In this respect, the Committee notes that discussions are ongoing between the Government and the ILO concerning a proposed reform of the national legislation regarding labour issues. The Committee requests the Government to provide information on any measures taken with regard to the preparation and implementation of labour laws and regulations, and to provide detailed information on the consultation and cooperation of the social partners in the context of the proposed legislative reform.

Article 6(2)(c). Services made available to employers and workers. Since the Government has not provided a response to the Committee’s request in this regard, the Committee once again requests the Government to provide information on the services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations. In this regard, the Committee also once again requests the Government to describe the institutional and legal framework for the provision of mediation and conciliation.

Article 7. Promotion of the extension of the system of labour administration to categories of workers who are not, in law, employed persons. The Committee notes from the 2015 Occupational Safety and Health (OSH) Profile established by the ILO Decent Work Technical Support Team and Country Office for Eastern Europe and Central Asia, that the reduction of the informal employment in the country is one of the priorities of the Government. The Committee requests the Government to indicate whether any measures are taken for the gradual extension of certain functions of the labour administration system to categories of workers who are not, in law, employed persons and belong to the categories set forth in Article 7 (a)–(d) of the Convention.

Article 8. Contribution to the preparation of measures concerning international labour affairs. The Committee notes from the General Reports of the Committee published in 2015, 2017 and 2018 that no information has been received from the Government as regards all or most of the observations and direct requests of the Committee to which a reply was requested under ratified Conventions in 2014, 2015 and 2017. The Committee requests the Government to provide information on the competent bodies within the system of labour administration responsible for the preparation of national policy concerning international labour affairs, and measures to be taken at the national level with respect thereto, and where applicable, any difficulties faced with regard to the implementation of such measures.

Article 10. Human resources and material means of the labour administration system. Qualification, training, and independence of the staff of the labour administration system. Since the Government has not provided a reply in this respect, the Committee once again requests the Government to provide information on the recruitment process of the labour administration staff (including experience required and competitions), its composition, status and conditions of service (including pay scale and career advancement), the access of staff to initial and subsequent training (including content, frequency and number of participants), and the measures taken to ensure their independence from external influences. The Committee also requests information regarding the material means and the financial resources allocated for the performance of their duties.

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

Articles 12, 16, 17 and 18 of the Convention. Limitations and restrictions of labour inspection. Effective enforcement of penalties for labour law provisions. The Committee notes that labour inspections, just as a number of other public inspections, are governed by the Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises. The Committee notes with concern that the Law provides for various limitations on labour inspection powers and the undertaking of labour inspections, including restrictions relating to: (i) the power to undertake labour inspections without prior notice (scheduled inspection visits have to be notified at least ten days prior to the inspection (section 6(6)); (ii) the free initiative of labour inspectors (labour inspections require a formal authorization, in coordination with the body for the development of entrepreneurship (section 12(3)); (iii) the frequency of labour inspections (e.g. scheduled inspections shall not be conducted more than once a year in workplaces considered to be at high risk, and not more than once every three years in workplaces with an average degree of risk (section 6(3)), and inspections shall not be conducted in new businesses within the first three years of their operation (section 6(8)); and (iv) the scope of inspections, particularly in terms of the issues that can be examined in the course of inspections (see sections 6(5) and 7(4)). The Committee further notes that inspectors risk being released from their office, pursuant to section 20 of Law No. 72 where a court does not confirm the existence of a violation as detected by an inspector, and where the court considers that this is the result of a fault of the labour inspector. The Committee recalls that Article 12 of the Convention provides that labour inspectors shall be empowered to enter workplaces liable to inspection freely and without previous notice and to carry out any examination, test or enquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed, and that Article 16 provides for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions.

Concerning the effective enforcement of penalties for labour law violations, the Committee notes that section 11 of Law No. 72 provides that scheduled and unscheduled inspections are not intended to impose financial or other sanctions on businesses and that in the event of an observed violation of the legislation during a scheduled inspection, inspectors may issue a written warning to the enterprise requesting it to eliminate the violation within 30 days (three days if the violation impacts the safety or health), and following the expiry of this delay, may take measures to influence the enterprise, as provided for in legislation. In this regard, the Committee recalls that Article 17 of the Convention provides that, with certain exceptions, legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee urges the Government to take the necessary measures to ensure that labour inspectors are empowered to make visits to workplaces liable to inspection without previous notice in conformity with Article 12(1)(a) of the Convention and that they are able to undertake labour inspections as often and as thoroughly as is necessary to ensure the effective application of the legal provisions, in conformity with Article 16 of the Convention. It further urges the Government to take the necessary measures to ensure that labour inspectors are able to initiate or recommend immediate legal proceedings without prior warning, where required, in conformity with Article 17 of the Convention.

Articles 20 and 21. Annual labour inspection report. The Committee notes with regret that the Government has never submitted an annual report on the work of the labour inspection activities, and that the last statistical data on labour inspection activities were provided in the Government’s report in 2004. The Committee once again requests the Government to provide information on the steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

The Committee is raising other matters in a request addressed directly to the Government.

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

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

• – Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.
• – Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.
• – Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.
• – Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.
• – Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

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

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.

Repetition

Articles 1 to 10 of the Convention. System of labour administration and administrative reform. The Committee understands from the information provided by the Government in its report relating to the Labour Inspection Convention, 1947 (No. 81), and the reference to Regulation No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities, that an administrative reform is currently being undertaken in the country. In this regard, it notes that the Government has provided the Office with copies of legislative texts on the organization and functioning of the Ministry of Youth, Labour and Employment (MYLE) and on other bodies dealing with labour administration, all of which were adopted in 2012, namely: (i) Regulation No. 122 of 20 February 2012 on the MYLE; (ii) Regulation No. 317 of 25 May 2012 on the Employment Centre (EC) under the MYLE; (iii) Regulation No. 355 of 2 October 2012 on the Agency for Vocational and Technical Education (AVTE) under the MYLE; and (iv) Regulation No. 240 of 12 April on the Ala Too Finance Microcredit Agency (ATFMA) under the MYLE. The Committee notes from Regulation No. 122 that the MYLE is responsible for the national policy in the area of labour and youth, including employment promotion (including for vulnerable groups, such as refugees and disabled persons), labour market research, the regulation of wages and unemployment benefits, labour relations, gender issues, etc. Furthermore, the Committee understands from information available on the Internet that the National Labour Code is currently under review. While taking due note of the content of the abovementioned regulations, the Committee asks the Government to provide particulars concerning the organization, structure and functioning of the labour administration system in its entirety. In this regard, the Committee would be grateful if the Government would provide the Office with a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MYLE and other ministries, ministerial departments or public agencies (such as the EC, AVTE and ATFMA, etc.) and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. Please also describe the institutional and legal framework for the provision of mediation and conciliation, as well as for the provision of social security services.

The Committee requests the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as copies of any other texts relating to the organization, operation and powers of the labour administration bodies, including the Regulations on the State Environmental and Technical Safety Inspectorate (SETSI) (Annex 1 of Government Order No. 136 of 20 February 2012) mentioned in the report submitted on the application of the Labour Inspection Convention, 1947 (No. 81) and provide information on any organizational changes in the system of labour administration which might have taken place in the framework of the abovementioned administrative reform. If applicable, please also provide a copy of the Labour Code in its amended version.

The Government is requested to provide detailed information on each of the provisions of the Convention and on each of the questions set out in the report form, reflecting any changes following the implementation of any measures in the current administrative reform.

In particular, the Government is requested to provide information on the following points:

• -the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MYLE and its subordinated agencies, or between several ministries when performing labour administration activities, for example as foreseen in section 7(3) and (5) of Regulation No. 122, section 9(1) and 4 of Regulation No. 317 (Article 4);
• -the involvement of the social partners, including through the activities of the National Tripartite Committee and any other tripartite bodies, in the formulation and implementation of any measures in the current administrative reform including on relevant draft legislation, and the outcome of such consultations. While the Committee takes due note of the content of Regulation No. 718 of 27 December 1999 on the National Tripartite Commission for the Regulation of Social and Labour Issues (NTC) (in its amended version of 19 May 2008) submitted to the Office, it asks the Government to also provide copies of legislative texts on any other tripartite committees or tripartite structures, such as the National Committee on Migration and Employment and the tripartite committees on employment promotion and regulation of the labour market, etc. (Article 5);
• -the services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6(c));
• -detailed information on the recruitment process of the labour administration staff (experience required, competitions, etc.), its composition, status and conditions of service (pay scale, career advancement), its access to initial and subsequent training (content, frequency, number of participants, etc.), and the measures taken to ensure their independency from external influences. Please also describe the material means and the financial resources allocated for the performance of their duties and provide a copy of the Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic No. 485 of 24 October 2005 as previously requested; the law on the public service referred to in section 10 of the Regulations on the MYLE or any other legislative texts governing the public service (Article 10 of the Convention);
• -finally, the Government is once again requested to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.

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

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.

Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.

Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.

Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.

Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

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

Impact of the current administrative reform on the labour inspection system. The Committee notes that Government Order No. 136 of 20 February 2012 (GO No. 136) on the State Environmental and Technical Safety Inspectorate (SETSI) approves the Regulations (Annex 1 of the Order) on the SETSI, and repeals, among others, GO No. 82 of 9 February 2010 on the State Labour Inspectorate and GO No. 108 of 19 February 2010 on the State Inspectorate for Industrial Safety and Mining.

It notes that the copy of GO No. 136, which the Government has sent with its report does not contain, contrary to the Government’s indications, the Regulations on the SETSI, which are referred to as Annex 1 in the first section of this Order. The Committee further notes that according to the introductory part of GO No. 136, the Order has been adopted in accordance with Regulations No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities.

In this regard, the Committee notes that according to section 2 of GO No. 136, the SETSI will be provided with human resources and financial means in due course, as foreseen in Regulation No. 87 of 10 February 2012, and that relevant draft legislation will be developed and submitted to the Government.

The Committee asks the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as the Regulations on the SETSI (referred to as Annex 1 of GO No. 136) and copies of any other texts relating to the organization, operation and powers of the labour inspectorate if possible, in one of the working languages of the ILO.

It asks the Government to provide detailed information on the impact of the current administrative reform on the labour inspection system, including any legal or practical developments in this regard. If applicable, please provide a comprehensive organizational chart of the labour inspection system reflecting any organizational changes and describe its structure and functioning.

Noting that the Government has not provided the information requested by the Committee since 2006, the Committee once again asks the Government to provide information on the following points:

• -Article 5(a) of the Convention. The various forms of cooperation developed with the public and judicial bodies referred to in section 401 of the Labour Code and the fields covered by such collaboration. Please provide copies of any relevant texts, if possible, in one of the working languages of the ILO.
• -Article 5(b). The cases and conditions under which trade unions exercise the inspections functions entrusted to them by section 409 of the Labour Code. Please indicate, whether Regulation No. 13–19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, and if not, provide a copy of any other relevant text. Please also provide information on the conditions and modalities under which the labour inspectorate collaborates with the trade unions and indicate the manner in which the labour inspectorate maintains supervision and control of the labour inspection system in its entirety.
• -Article 13. The consequences in practice for workers (particularly in relation to the conservation of their jobs and contractual rights), who can be removed from their jobs by labour inspectors, under the condition that they do not fulfil the training requirements in relation to occupational safety and health, under the terms of section 402 of the Labour Code.
• -Article 14. The manner in which the labour inspectorate is informed of industrial accidents and cases of occupational diseases; the scope of powers of investigation covered by section 402 of the Labour Code; and information on the manner in which the results of such investigations are used.
• -Articles 20 and 21. The steps taken by the central labour inspection authority with a view to publishing and transmitting to the Office an annual report on the work of the inspection services under its control.

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

Articles 1 to 10 of the Convention. System of labour administration and administrative reform. The Committee understands from the information provided by the Government in its report relating to the Labour Inspection Convention, 1947 (No. 81), and the reference to Regulation No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities, that an administrative reform is currently being undertaken in the country. In this regard, it notes that the Government has provided the Office with copies of legislative texts on the organization and functioning of the Ministry of Youth, Labour and Employment (MYLE) and on other bodies dealing with labour administration, all of which were adopted in 2012, namely: (i) Regulation No. 122 of 20 February 2012 on the MYLE; (ii) Regulation No. 317 of 25 May 2012 on the Employment Centre (EC) under the MYLE; (iii) Regulation No. 355 of 2 October 2012 on the Agency for Vocational and Technical Education (AVTE) under the MYLE; and (iv) Regulation No. 240 of 12 April on the Ala Too Finance Microcredit Agency (ATFMA) under the MYLE. The Committee notes from Regulation No. 122 that the MYLE is responsible for the national policy in the area of labour and youth, including employment promotion (including for vulnerable groups, such as refugees and disabled persons), labour market research, the regulation of wages and unemployment benefits, labour relations, gender issues, etc. Furthermore, the Committee understands from information available on the Internet that the National Labour Code is currently under review. While taking due note of the content of the abovementioned regulations, the Committee asks the Government to provide particulars concerning the organization, structure and functioning of the labour administration system in its entirety. In this regard, the Committee would be grateful if the Government would provide the Office with a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MYLE and other ministries, ministerial departments or public agencies (such as the EC, AVTE and ATFMA, etc.) and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. Please also describe the institutional and legal framework for the provision of mediation and conciliation, as well as for the provision of social security services.

The Committee requests the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as copies of any other texts relating to the organization, operation and powers of the labour administration bodies, including the Regulations on the State Environmental and Technical Safety Inspectorate (SETSI) (Annex 1 of Government Order No. 136 of 20 February 2012) mentioned in the report submitted on the application of the Labour Inspection Convention, 1947 (No. 81) and provide information on any organizational changes in the system of labour administration which might have taken place in the framework of the abovementioned administrative reform. If applicable, please also provide a copy of the Labour Code in its amended version.

The Government is requested to provide detailed information on each of the provisions of the Convention and on each of the questions set out in the report form, reflecting any changes following the implementation of any measures in the current administrative reform.

In particular, the Government is requested to provide information on the following points:

• -the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MYLE and its subordinated agencies, or between several ministries when performing labour administration activities, for example as foreseen in section 7(3) and (5) of Regulation No. 122, section 9(1) and 4 of Regulation No. 317 (Article 4);
• -the involvement of the social partners, including through the activities of the National Tripartite Committee and any other tripartite bodies, in the formulation and implementation of any measures in the current administrative reform including on relevant draft legislation, and the outcome of such consultations. While the Committee takes due note of the content of Regulation No. 718 of 27 December 1999 on the National Tripartite Commission for the Regulation of Social and Labour Issues (NTC) (in its amended version of 19 May 2008) submitted to the Office, it asks the Government to also provide copies of legislative texts on any other tripartite committees or tripartite structures, such as the National Committee on Migration and Employment and the tripartite committees on employment promotion and regulation of the labour market, etc. (Article 5);
• -the services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6(c));
• -detailed information on the recruitment process of the labour administration staff (experience required, competitions, etc.), its composition, status and conditions of service (pay scale, career advancement), its access to initial and subsequent training (content, frequency, number of participants, etc.), and the measures taken to ensure their independency from external influences. Please also describe the material means and the financial resources allocated for the performance of their duties and provide a copy of the Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic No. 485 of 24 October 2005 as previously requested; the law on the public service referred to in section 10 of the Regulations on the MYLE or any other legislative texts governing the public service (Article 10 of the Convention);
• -finally, the Government is once again requested to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention (Part IV of the report form).

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 adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3(1)(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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 takes note of the Government’s first report. It would be grateful if the Government would supply further information and documentation to allow an assessment of the extent to which the Convention is applied in law and in practice.

The Committee in particular asks the Government to inform the ILO of any developments in the process of adopting a new Kyrgyz Employment Act, which, according to the Government’s report, was drafted with ILO technical assistance, and to provide copies of the following texts:

• – The Organic Law concerning the structure and functioning of the Ministry of Labour and Social Protection and the laws on any other private or parastatal bodies and or public departments in charge of labour administration matters (such as, state employment offices, microcredit agencies and other institutions and funds in the field of employment, notably in the field of employment promotion, referred to in the Government’s report under Convention No 122), as well as any law or regulation on social security, conciliation or mediation in labour disputes;
• – any amendment to the Labour Code since 2003 (year of the available text);
• – Rules of Procedure of the National Tripartite Commission on Administration of Social and Labour Relations, approved by Governmental Decree No. 718 of 27 December 1999;
• – Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic, No. 485 of 24 October 2005;
• – Law of the Kyrgyz Republic on sanitary and epidemiological welfare of the population;
• – Decree of 29 October 1998, creating a tripartite council regulating issues of employment promotion;
• – any law or regulation concerning the structure and functioning of the State Labour Inspectorate, the State Industrial Safety and Mines Inspectorate at the Ministry of Labour and Social Protection, the State Energy and Gas Inspectorate at the State Agency of Power Engineering, the State Road Inspectorate (Ministry of Internal Affairs), the State Fire Prevention Service (Ministry of Environment and Emergency), the State Department of Sanitary and Epidemic Supervision attached to the Ministry of Health, and the labour inspectorates operating under the terms of section 452 of the Labour Code and section 14 of the Trade Union Act.

The Committee would be particularly grateful if the Government would indicate in its report the provisions and parts of the above texts which relate to the matters covered by the Convention and to indicate the arrangements made to ensure, as requested under Article 4, in the report form of the Convention, the effective operation and the coordination of the functions and responsibilities of the labour administration system.

The Government is also requested to provide details with respect to: (i) the scope of the mandate, operation and structure of the National Tripartite Commission at both national and local levels and, if they exist, of other tripartite consultative bodies within the labour administration entities; (ii) the structure of the State Committee on Migration and Employment and the role played by this body with regard to the provisions of Article 6 of the Convention; and (iii) services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6 (c)).

The Committee would be grateful if the Government would supply particulars, in accordance with the report form of the Convention, under Article 10, concerning the composition of the staff of the labour administration system, and their training, and to describe the material means and the financial resources allocated for the performance of their duties.

Part IV of the report form. Lastly, the Government is asked to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.

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 adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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

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 takes note of the Government’s first report. It would be grateful if the Government would supply further information and documentation to allow an assessment of the extent to which the Convention is applied in law and in practice.

The Committee in particular asks the Government to inform the ILO of any developments in the process of adopting a new Kyrgyz Employment Act, which, according to the Government’s report, was drafted with ILO technical assistance, and to provide copies of the following texts:

–      The Organic Law concerning the structure and functioning of the Ministry of Labour and Social Protection and the laws on any other private or parastatal bodies and or public departments in charge of labour administration matters (such as, state employment offices, microcredit agencies and other institutions and funds in the field of employment, notably in the field of employment promotion, referred to in the Government’s report under Convention No 122), as well as any law or regulation on social security, conciliation or mediation in labour disputes;

–      any amendment to the Labour Code since 2003 (year of the available text);

–      Rules of Procedure of the National Tripartite Commission on Administration of Social and Labour Relations, approved by Governmental Decree No. 718 of 27 December 1999;

–      Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic, No. 485 of 24 October 2005;

–      Law of the Kyrgyz Republic on sanitary and epidemiological welfare of the population;

–      Decree of 29 October 1998, creating a tripartite council regulating issues of employment promotion;

–      any law or regulation concerning the structure and functioning of the State Labour Inspectorate, the State Industrial Safety and Mines Inspectorate at the Ministry of Labour and Social Protection, the State Energy and Gas Inspectorate at the State Agency of Power Engineering, the State Road Inspectorate (Ministry of Internal Affairs), the State Fire Prevention Service (Ministry of Environment and Emergency), the State Department of Sanitary and Epidemic Supervision attached to the Ministry of Health, and the labour inspectorates operating under the terms of section 452 of the Labour Code and section 14 of the Trade Union Act.

The Committee would be particularly grateful if the Government would indicate in its report the provisions and parts of the above texts which relate to the matters covered by the Convention and to indicate the arrangements made to ensure, as requested under Article 4, in the report form of the Convention, the effective operation and the coordination of the functions and responsibilities of the labour administration system.

The Government is also requested to provide details with respect to: (i) the scope of the mandate, operation and structure of the National Tripartite Commission at both national and local levels and, if they exist, of other tripartite consultative bodies within the labour administration entities; (ii) the structure of the State Committee on Migration and Employment and the role played by this body with regard to the provisions of Article 6 of the Convention; and (iii) services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6 (c)).

The Committee would be grateful if the Government would supply particulars, in accordance with the report form of the Convention, under Article 10, concerning the composition of the staff of the labour administration system, and their training, and to describe the material means and the financial resources allocated for the performance of their duties.

Part IV of the report form. Lastly, the Government is asked to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.

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

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 adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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

The Committee takes note of the Government’s first report. It would be grateful if the Government would supply further information and documentation to allow an assessment of the extent to which the Convention is applied in law and in practice.

The Committee in particular asks the Government to inform the ILO of any developments in the process of adopting a new Kyrgyz Employment Act, which, according to the Government’s report, was drafted with ILO technical assistance, and to provide copies of the following texts:

–      The Organic Law concerning the structure and functioning of the Ministry of Labour and Social Protection and the laws on any other private or parastatal bodies and or public departments in charge of labour administration matters (such as, state employment offices, microcredit agencies and other institutions and funds in the field of employment, notably in the field of employment promotion, referred to in the Government’s report under Convention No 122), as well as any law or regulation on social security, conciliation or mediation in labour disputes;

–      any amendment to the Labour Code since 2003 (year of the available text);

–      Rules of Procedure of the National Tripartite Commission on Administration of Social and Labour Relations, approved by Governmental Decree No. 718 of 27 December 1999;

–      Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic, No. 485 of 24 October 2005;

–      Law of the Kyrgyz Republic on sanitary and epidemiological welfare of the population;

–      Decree of 29 October 1998, creating a tripartite council regulating issues of employment promotion;

–      any law or regulation concerning the structure and functioning of the State Labour Inspectorate, the State Industrial Safety and Mines Inspectorate at the Ministry of Labour and Social Protection, the State Energy and Gas Inspectorate at the State Agency of Power Engineering, the State Road Inspectorate (Ministry of Internal Affairs), the State Fire Prevention Service (Ministry of Environment and Emergency), the State Department of Sanitary and Epidemic Supervision attached to the Ministry of Health, and the labour inspectorates operating under the terms of section 452 of the Labour Code and section 14 of the Trade Union Act.

The Committee would be particularly grateful if the Government would indicate in its report the provisions and parts of the above texts which relate to the matters covered by the Convention and to indicate the arrangements made to ensure, as requested under Article 4, in the report form of the Convention, the effective operation and the coordination of the functions and responsibilities of the labour administration system.

The Government is also requested to provide details with respect to: (i) the scope of the mandate, operation and structure of the National Tripartite Commission at both national and local levels and, if they exist, of other tripartite consultative bodies within the labour administration entities; (ii) the structure of the State Committee on Migration and Employment and the role played by this body with regard to the provisions of Article 6 of the Convention; and (iii) services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6 (c)).

The Committee would be grateful if the Government would supply particulars, in accordance with the report form of the Convention, under Article 10, concerning the composition of the staff of the labour administration system, and their training, and to describe the material means and the financial resources allocated for the performance of their duties.

Part IV of the report form. Lastly, the Government is asked to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.

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 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 following matters raised in its previous direct request:

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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

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 with interest the Government’s first report. It also notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

1. Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

2. Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

3. Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

4. Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes with interest that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

5. Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.

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

The Committee notes with interest the Government’s first report. It also notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

1. Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

2. Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

3. Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

4. Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes with interest that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

5. Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.