Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Kirghizistan

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 (Ratification: 1992)
Convention (n° 47) des quarante heures, 1935 (Ratification: 1992)
Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)), 47 (forty-hour week) and 106 (weekly rest (commerce and offices)) together. 

Legislative developments. The Committee notes the adoption of a new Labour Code, enacted by Law No. 24 of 23 January 2025. 

Weekly rest  

Article 4 of Convention No. 14 and Articles 7 and 8 of Convention No. 106. Permanent and temporary exceptions to weekly rest. The Committee notes that section 67(5) of the 2025 Labour Code provides that work on weekends and non-working holidays may be permitted in unspecified cases with the consent of the representative body of employees of the organization or the elected body of the primary trade union organization. In this regard, the Committee recalls that all authorized exceptions in the commerce and offices sectors to the normal 24-hours weekly rest period remain limited to the cases enumerated in Articles 7(1) and 8(1) of Convention No. 106. It also recalls that exceptions to weekly rest in the industrial sector should only be established having special regard to all proper humanitarian and economic considerations by virtue of Article 4(1) of Convention No. 14. The Committee requests the Government to indicate the measures adopted or envisaged, both in law and in practice, in order to bring the national legislation into conformity with these provisions of Conventions Nos 14 and 106. It also requests the Government to provide detailed information on the application of the above-mentioned provisions of the 2025 Labour Code in practice.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. The Committee notes that section 67(7) of the 2025 Labour Code envisages compensation for work on the weekly rest day in the form of a period of rest fixed on another day, an extension to the annual leave, or monetary compensation at double the normal rate, to be agreed upon by the parties. The Committee recalls the importance of granting compensatory rest in all cases to workers deprived of their weekly rest, irrespective of any monetary compensation, as required by Article 8(3) of Convention No. 106 (2018 General Survey concerning working-time instruments, paras 252 and 253). The Committee therefore requests the Government to provide information on measures adopted or envisaged, both in law and in practice, to ensure that employees who may be required to perform work during their weekly rest day receive compensatory rest of a total duration of at least 24 hours, irrespective of any monetary compensation. 

Hours of work

Article 1 of Convention No. 47. Forty-hour week. The Committee notes that section 59 of the 2025 Labour Code permits the averaging of hours of work over a period of one year where it is not possible, for operational reasons, or not economically advantageous to follow normal working time arrangements for particular categories of workers. The Committee also notes that under section 57 of the Labour Code, employees are allowed to work more than the normal limits for hours of work where they are engaged in a second job in the same enterprise or with another employer. In such cases, the overtime hours performed may not exceed four in the day and 20 in the week. Furthermore, the Committee notes that sections 58 and 61 of the Labour Code provide for the possibility of unlimited hours of work for certain categories of workers, to be determined by collective agreement or by contract, or in the internal rules of the establishment concerned. The Committee observes that: (1) section 57 of the Labour Code allows employees to work under more than one employment contract in which case work outside normal working hours may not exceed 4 hours per day and 20 hours per week; (2) section 59(1) authorizes averaging of hours within a very long reference period up to one year without stipulating absolute limits to weekly hours of work and clear circumstances to resort to this practice; and (3) section 61(5) authorizes work outside normal working hours without specifying the circumstances for recourse to this exception and the absolute limits on weekly hours to be respected in these cases. These could possibly lead to unreasonably long working hours, in direct contradiction to the principle of progressive reduction of hours of work. In this respect, the Committee recalls that too many exceptions to normal hours of work can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working-time instruments, para. 68). The Committee requests the Government to take the necessary measures to ensure that the principle of a 40-hour week provided for by the Convention is fully applied both in law and in practice. The Committee also requests the Government to provide detailed information on how the above-mentioned provisions are applied in practice.