Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Kirguistán

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 2000)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 2003)

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.