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

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

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

The Committee notes in this respect that in its report concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that the Law on Trade Unions of 1998 remains in force and that currently, there is no draft law aiming to replace it. The Government also indicates that the temporary committee of deputies established to study its enforcement has been dissolved.

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

The Committee regrets that the Government provides no information on the measures taken to that end. Recalling that it has been addressing this matter for several years, the Committee requests once again the Government to take, in consultation with the representative social partners, the necessary measures to amend the relevant provisions of the Act on Collective Agreements and the Labour Code in order to ensure their compatibility with the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Collective bargaining in practice. The Committee notes the information on the number of collective agreements concluded in the forestry sector (coverage rate of 82 per cent), in the road transport sector (coverage rate of 80.3 per cent), as well as in the public sector (coverage rate of 93.8 per cent). The Committee requests the Government to continue to provide information on the number of collective agreements concluded in the private and public sectors, indicating as well the number of workers covered.