Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Kyrgyzstan

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1992)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 2007)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions No. 131 (minimum wage) and No. 95 (protection of wages) together.

Minimum wage

Article 2 of Convention No. 131. Sanctions. In its previous comments, the Committee requested the Government to indicate the specific penalties provided for in labour laws or regulations for failure to pay wages at no less than the legally established minimum wage rate. It notes that the Government indicates in its report that the new codes recently adopted do not contain sanctions for the violation of labour law. The Committee recalls that Article 2 provides that failure to apply the minimum wage shall make the person or persons concerned liable to appropriate penal or other sanctions. It requests the Government to take the necessary measures to give effect to this Article and to provide information in this regard.

Article 3. Elements to be considered in determining the minimum wage level. Further to its previous comments, the Committee notes the detailed information provided by the Government on the methodology used to determine the level of the subsistence minimum. While the Minimum Wage Act provides that the minimum wage is to be progressively raised to reach the amount of the subsistence minimum, the Committee notes that, according to the data provided by the Government, the minimum wage in 2018 only covered 31 per cent of the subsistence minimum. Noting the absence of information on how this ratio is determined, the Committee requests the Government to indicate how the needs of workers and their families and the relevant economic factors have been considered in fixing the minimum wage level.

Article 4. Consultation with the social partners. Further to its previous comments, the Committee notes that the Government refers to the National Tripartite Commission. It requests the Government to provide information on the role of that commission in the functioning of the minimum wage fixing machinery.

Protection of wages

Articles 4, 7, 13(2) and 15(d) of Convention No. 95. Partial payment of wages in kind. Works stores. Payment of wages in taverns or shops. Maintenance of wage records. Further to its previous comments on the application of these provisions, the Committee takes note of the information provided by the Government in its report, notably the absence of issues in practice.

Article 12. Regular payment of wages. Further to its previous comments, the Committee notes with concern the information provided by the Government on the persisting situation of wage arrears in the country. It requests the Government to take the necessary measures, in consultation with the social partners, to address the issue of wage arrears and to provide information in this regard. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance.

[The Government is asked to reply in full to the present comments in 2021.]