Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee noted the comments made by the Air Crew Trade Union of Alma Ata. The union indicated that 80 staff of Kazakhstan civil aviation who suffered occupational illness and became disabled as a result of noise and vibration in excess of the permitted levels, and members of the families of air crew staff who have been killed, have been awarded compensation from the State National Company NAAK "Kazakhstan aue zholy". On 20 August 1996, by a Government Decree and on the basis of NAAK assets, the state national airline "Air Kazakhstan", a closed joint stock company, was established and the state shares were transferred to it. Air Kazakhstan now refuses to pay the compensation awarded to the staff on grounds that it does not regard itself as the legal successor to NAAK with regard to payment of the latter’s debts, since there is no specific mention of this in its constituent documents. Under sections 46 and 47 of the Kazakhstan Civil Code, if state-owned means of production are transferred, any obligations in respect of compensation to workers who become disabled as a result of work are also transferred. No mention of this was made in either the Government Decree which is the transfer document, or in any other documents of the new company.

The union further stated that in May 1997, the Prosecutor-General of the Republic of Kazakhstan acknowledged that the new law had been violated and proposed an appropriate amendment to the Government Decree and the company’s constituent documents. However, the Government decided to go ahead with the closure of NAAK rather than bringing the Decree into conformity with the legislation. In February 1998, the NAAK was declared bankrupt. Under section 50(9) of the Civil Code, where such a company has insufficient assets to continue trading, the Government, as owner, was obliged to meet the legitimate demands of former employees of the state enterprise from its own funds, by returning part of the assets needed to meet the demands of creditors, especially citizens who have suffered loss because of the enterprise.

The union considered that, given sufficient goodwill, former aircrew members who are now disabled should have a legal basis for protecting their health and citizens below the age of majority should receive benefits for the loss of a parent.

The Committee recalled that Article 11, paragraph 4, of the Convention, requires that rights of workers under social security or social insurance legislation should not be adversely affected in implementing the Convention. It therefore requested the Government to provide full particulars regarding the rights of the workers involved under social security or social insurance legislation that may have been adversely affected in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.