Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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. Further to its previous comments, the Committee notes that the Government’s report does not contain information on the measures taken to give effect to this Article of the Convention. It also notes that in its 2021 report on Convention No. 81, the Government indicates that the new Code of Offences adopted on 28 October 2021 by Act No. 128, which provides for sanctions for violations of labour legislation (sections 87 to 95), does not contain sanctions for failure to apply the minimum wage. The Committee once again requests the Government to take the necessary measures to ensure that failure to apply the minimum wage makes the person or persons concerned liable to appropriate penal or other sanctions, in accordance with Article 2 of the Convention, and to provide information in this regard.

Article 3. Elements to be considered in determining the minimum wage level. The Committee notes that in reply to its previous request, the Government reiterates that the minimum wage is set at 30 per cent of the minimum subsistence level, based on the principle of a progressive raise to the minimum subsistence level for a person of working age, and does not provide any information on the criteria used to determine this ratio. In this context, the Committee expects that at the next adjustment of the minimum wage, so far as possible and appropriate in relation to national practice and conditions, account will be taken of both the needs of workers and their families, and of economic factors, as provided for in Article 3 of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 4. Consultation with the social partners. The Committee notes that in response to its previous comments, the Government indicates that the National Tripartite Commission has not been able to meet for a considerable time, albeit it will consider the issue of the minimum wage raise at its next meeting. In light of this information, the Committee requests the Government to take all necessary measures to ensure that full consultation with the employers’ and workers’ representatives is held in connection with the fixing and adjustment of the minimum wage level, and to provide information in this regard. The Committee also requests the Government to provide information on the composition, and functioning of the National Tripartite Commission, and its work in the context of the next examination of the minimum wage.

Protection of wages

Article 12 of Convention No. 95. Regular payment of wages. Further to its previous comments on the persisting situation of wage arrears in the country, the Committee notes that the Government indicates in its report that this issue will be considered at a meeting of the National Tripartite Commission. The Committee requests the Government to intensify its efforts to address and remedy the issue of wage arrears in consultation with the social partners, including in the framework of the National Tripartite Commission, and to provide specific information on the measures adopted in this respect, including strict supervision, severe sanctions, and appropriate compensation to workers for the losses incurred.