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

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, 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 was 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 this provision so as to lower the quorum required for a strike ballot. The Committee had also requested the Government to specify the sectors of activities in which the minimum services should be maintained.

The Committee notes the Government’s understanding of the need to amend the Labour Code so as to ensure that the minimum service requirement is imposed only in respect of the operations which are strictly necessary to meet the basic needs of the population or to ensure that the relevant services operate safely or without interruption. The Committee further notes the Government’s indication that the Federation of Trade Unions of Kyrgyzstan prepared a draft law to amend the Labour Code with a view to reduce the strike quorum. The Committee welcomes the Government’s indication that these questions will be examined in 2019–20 by the tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development of 3 May 2019.  The Committee requests the Government to provide information on all developments in this regard.

The Committee notes the information provided by the Government regarding the application of section 440(b) of the Labour Code by which it confirms that strikes in services such as air, railway and water transport and communication are prohibited only if the strike endangers the defence and security of the State, as well as the life and health of the population.