Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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 (2004), 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 had requested the Government to take the necessary measures to amend its legislation so as to lower it. The Committee regrets that the Government’s report contains no information on the measures taken to that end. It therefore once again requests the Government to take the necessary measures to amend its legislation 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 had requested the Government to specify the sectors of activity in which the minimum services should be maintained. The Committee regrets that no information has been provided by the Government in this respect. It therefore reiterates its previous request.

The Committee also recalls that it had requested the Government to amend section 440(b) of the Labour Code, pursuant to which strikes are prohibited in the air, railway and water transport and communication services. The Committee regrets that the Government provides no information on the measures taken to that end. 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 or local 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.