Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kyrgyzstan (Ratification: 1992)

The Committee notes that the Government’s report has not been received. The Committee also notes that the Labour Code (2004) has been amended in 2015. The Committee regrets that the amendments did not take into account its previous comment which concerned the following issues.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee recalls that in its previous comments it had noted that pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, that a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and that the decision to strike should be taken by at least half of the number of workers present. Considering that the quorum set out for a strike is too high and may potentially impede recourse to strike, particularly in large enterprises, the Committee once again requests the Government to take the necessary measures to amend this provision so as to lower the quorum required for a strike ballot and to indicate the measures taken or envisaged in this regard.

The Committee further recalls that it had noted that the same legislative provision imposes an obligation to indicate, in the strike notice, the minimum services to be maintained during the strike. The Committee once again requests the Government to specify the sectors of activity in which the minimum services should be maintained.

The Committee also recalls that, under section 440(b) of the Labour Code, strikes are prohibited in essential services – which include air, railway and water transport and communication – if the strike would endanger the defence and security of the State, as well as the life and health of the population. The Committee further recalls that it had noted in this respect the Government’s indication that workers engaged in the abovementioned fields of activity did not enjoy the right to call a strike. In light of this indication, the Committee had requested the Government to amend section 440(b) of the Labour Code. Considering that air, railway and water transport and communication in general (with the exception of air traffic control and telephone services) are not essential services in the strict sense of the term, the Committee recalls that the right to strike can be restricted or prohibited in the event of an acute national crisis, in case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term; that is, those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum services in such services, which are of public utility, rather than impose an outright ban on strikes. The Committee therefore once again requests the Government to take the necessary measures to amend the relevant provisions of the Labour Code and requests the Government to provide information on the measures taken in this regard.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.