Maternity Protection Convention (Revised), 1952 (No. 103) - Kyrgyzstan (Ratification: 1992)

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

Article 3(3) of the Convention. Compulsory post-natal part of maternity leave. The Committee notes that under section 148(1) of the Labour Code of 2025, women are entitled to maternity leave of 70 days before and 56 days after childbirth. The Committee recalls that under Article 3(3) of the Convention, the period of compulsory leave after childbirth, during which the woman may not be authorized to work, shall be at least six weeks. The Committee requests the Government to indicate whether a woman worker may return to work during the first 6 weeks after childbirth.

Article 3(5). Leave in case of illness arising out of pregnancy. The Committee notes that under section 148(1) of the Labour Code of 2025, the postnatal part of maternity leave is extended from 56 to 70 days in cases of complicated childbirth. The Committee recalls that according to Article 3(5) of the Convention, additional leave shall also be provided before confinement in case of medically certified illness arising out of pregnancy. The Committee requests the Government to provide information on whether pregnant women are entitled to additional leave in case of medically certified illness arising out of pregnancy before childbirth.

Article 4(2). Level of maternity benefits. The Committee notes that under section 63 of the Regulations on the procedure for granting temporary incapacity allowances and maternity allowances adopted by the Government’s Resolution No. 434 of 2018 (the Regulations of 2018), maternity benefits as of the 11th day of maternity leave are paid at a flat rate, amounting to 20 calculation indices per month. The Committee observes from the Decree of the Jogorku Kenesh (Supreme Council) on Approval of the Amount of Calculation Indice of 2006, No. 1115-III, that 20 calculation indices amount to 2,000 Kyrgyzstani soms per month in 2025. The Committee further observes that, according to data from the National Statistical Committee of Kyrgyzstan, the poverty threshold in 2023 was set at 62,999 soms per year (5,250 soms per month). The Committee recalls that under Article 4(2) of the Convention, the rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefits sufficient for the full and healthy maintenance of the woman and her child in accordance with a suitable standard of living. Noting that the level of maternity benefits provided as of the 11th day of maternity leave is below the poverty threshold, the Committee requests the Government to provide information on any measures taken to ensure that the level of maternity benefits is in conformity with the requirements of Article 4(2) of the Convention.

Article 4(8). Financing of maternity benefits. The Committee notes that under section 63 of the Regulations of 2018, employers are required to provide maternity cash benefits for the first 10 days of maternity leave at their own expense. The Committee recalls that according to Article 4(8) of the Convention, in no case shall employers be individually liable for the cost of maternity benefits due to women employed by them. The Committee, therefore, requests the Government to provide information on any measures taken to ensure that maternity benefits are not provided at the employer’s expense during the first 10 days of maternity leave.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the implementation of the Convention, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis.

The Committee recalls that the ILO Governing Body at its 349th Session, (October–November 2023), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 103 as outdated, and placed an item on the agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation.

The Governing Body also requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, concerning maternity protection, including the Maternity Protection Convention, 2000 (No. 183). The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 349th Session (October–November 2023) approving the recommendations of the Standards Review Mechanism Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

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

The Committee notes the Government’s succinct report which contains no information regarding the issues raised in its previous comments. The Committee hopes that the next report will contain detailed information regarding the following issues:

• -the scope of coverage of the categories of women workers under the social security legislation and the Labour Code, including, for example, home workers, domestic workers, seasonal workers, part-time workers, short-term workers, etc. (Article 1);
• -the compulsory nature of postnatal leave (Article 3(3));
• -the legislation governing cash and medical benefits, including the rate of cash benefits and the type of medical care provided (Article 4);
• -the payment of benefits out of social assistance funds for women workers who fail to qualify for maternity benefits under the social insurance system (Article 4(5)); and
• -the manner in which the Convention is applied in practice, including information regarding the number and the nature of inspections carried out and contraventions reported (Part V of the report form).

The Committee further notes the Government’s indication that maternity benefits are also regulated by Decision No. 727 of 11 November 2011 and calculated as a one-off payment regardless of the number of leave days taken before childbirth. The Committee asks the Government to supply further information in this respect, indicating, inter alia, whether the one-off payment is made at the beginning or the end of the maternity leave).

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

The Committee notes the first report of the Government. It hopes that the Government’s next report will provide more detailed information on law and practice relating to the application of each provision of the Convention in accordance with the report form.

Article 3, paragraph 3, of the Convention. Compulsory period of maternity leave. According to section 307 of the Labour Code, women are entitled to 70 calendar days (ten weeks) maternity leave before and 56 calendar days (eight weeks) after confinement. While the period of maternity leave is longer than that required by the Convention and the Labour Code also grants additional leave in case of complications arising out of child birth, there is no provision which specifically refers to the compulsory nature of post-natal leave for a period of at least six weeks after the actual day of confinement. The Committee recalls that the minimum compulsory period of post-natal leave provided by the Convention is a protective measure intended to prevent a woman from resuming work as a result of pressure or with a view to material advantage before the expiry of the statutory period of leave to the detriment of her health and that of her child. Against this background, the Committee asks the Government to indicate whether the return to work of a woman following maternity leave is conditional upon the permission of a medical practitioner. Should this be the case, please indicate whether this permission to resume work may be given to a woman before the expiry of her maternity leave and whether employers are prohibited from employing a woman during her post-natal leave. Please provide copies of the relevant laws and regulations.

The Committee would also appreciate receiving precise information on the following points:

–           the scope of coverage of the categories of women workers under the social security legislation and the Labour Code, including for example home workers, domestic workers, seasonal workers, part-time workers, short-term workers, etc. (Article 1);

–           the legislation governing cash and medical benefits, including the rate of cash benefits and the type of medical care provided (Article 4);

–           the payment of benefits out of social assistance funds for women workers who fail to qualify for maternity benefits under the social insurance system (Article 4(5)); and

–           the manner in which the Convention is applied in practice, including information regarding the number and the nature of inspections carried out and contraventions reported (Part V of the report form).