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

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

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.