Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Kirguistán (Ratificación : 2000)

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.]