Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 81) sur l'inspection du travail, 1947 - Kirghizistan (Ratification: 2000)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee notes the adoption on 4 August 2005 of a new Labour Code containing provisions giving effect in law to Articles 1, 2, 3, 4, 5, 12, 13, 15, 17, 18 and 20 of the Convention. The Committee would be grateful if the Government would indicate whether the Regulations on the State Labour Inspectorate adopted by Decree No. 149 of 15 March 1999 are still in force and, if not, to provide a copy of any text issued under the provisions of the new Labour Code relating to the organization, operation and powers of the labour inspectorate.

Article 3, paragraph 1(b), of the Convention. Provision of technical information and advice to employers. The Committee notes, from the report of the Director of the State Labour Inspectorate of December 2003 on labour protection, that the establishment is envisaged, with ILO support, of an information centre within the labour inspection system, intended for the training of employers on occupational safety and health issues. The Committee would be grateful if the Government would provide information on the progress achieved with this project.

Article 5. Cooperation by the labour inspectorate with other government services and with the social partners. The Committee notes that, under the terms of section 401 of the Labour Code, the State Labour Inspectorate discharges its functions in cooperation with other public institutions, such as the organs of the Executive Body, of local self-management bodies and other supervisory and judicial bodies, as well as with trade union organizations. It also notes that, by virtue of section 409 of the Labour Code, trade unions are entrusted with inspection functions in the field of working conditions. The Committee would be grateful if the Government would describe in its next report the various forms of collaboration developed with the public and judicial bodies referred to above, and if it would indicate the fields covered by such collaboration. It would also be grateful if the Government would provide copies of any relevant text, and specify whether Regulation No. 13-19 of 3 March 1999 on statutory labour inspection by the Federation of Trade Unions of Kyrgyzstan is still in force, provide any relevant text and supply detailed information on the cases and conditions in which trade union inspection is set in motion.

Prevention of occupational safety and health risks and the powers of injunction of inspectors in relation to workers. The Committee notes that, under section 402 of the Labour Code, labour inspectors are empowered to remove from their jobs employees who do not fulfil the training requirements in relation to occupational safety and health. The Committee would be grateful if the Government would provide information on the consequences in practice of this measure for the workers concerned, particularly in relation to the conservation of their jobs and their contractual rights.

Article 14. Notification of industrial accidents and cases of occupational disease and investigation of their causes. The Committee notes that labour inspectors are authorized, under section 402 of the Labour Code, to investigate industrial accidents. It would be grateful if the Government would indicate the manner in which the labour inspectorate is informed of industrial accidents and cases of occupational disease, specify the scope of the powers of investigation covered by this provision of the Labour Code and provide information on the manner in which the results of such investigations are used.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee notes that, under section 401 of the Labour Code, the State Inspection Board of Labour prepares and publishes annual reports of a general nature on the application of the relevant legislation. The Committee would be grateful if the Government would communicate these reports regularly to the ILO, within the time limits set out in Article 20, and ensure that the reports include the information required on each of the subjects covered by Article 21.