Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes 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 matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government’s first report. It would be grateful if the Government would supply further information and documentation to allow an assessment of the extent to which the Convention is applied in law and in practice.

The Committee in particular asks the Government to inform the ILO of any developments in the process of adopting a new Kyrgyz Employment Act, which, according to the Government’s report, was drafted with ILO technical assistance, and to provide copies of the following texts:

–      The Organic Law concerning the structure and functioning of the Ministry of Labour and Social Protection and the laws on any other private or parastatal bodies and or public departments in charge of labour administration matters (such as, state employment offices, microcredit agencies and other institutions and funds in the field of employment, notably in the field of employment promotion, referred to in the Government’s report under Convention No 122), as well as any law or regulation on social security, conciliation or mediation in labour disputes;

–      any amendment to the Labour Code since 2003 (year of the available text);

–      Rules of Procedure of the National Tripartite Commission on Administration of Social and Labour Relations, approved by Governmental Decree No. 718 of 27 December 1999;

–      Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic, No. 485 of 24 October 2005;

–      Law of the Kyrgyz Republic on sanitary and epidemiological welfare of the population;

–      Decree of 29 October 1998, creating a tripartite council regulating issues of employment promotion;

–      any law or regulation concerning the structure and functioning of the State Labour Inspectorate, the State Industrial Safety and Mines Inspectorate at the Ministry of Labour and Social Protection, the State Energy and Gas Inspectorate at the State Agency of Power Engineering, the State Road Inspectorate (Ministry of Internal Affairs), the State Fire Prevention Service (Ministry of Environment and Emergency), the State Department of Sanitary and Epidemic Supervision attached to the Ministry of Health, and the labour inspectorates operating under the terms of section 452 of the Labour Code and section 14 of the Trade Union Act.

The Committee would be particularly grateful if the Government would indicate in its report the provisions and parts of the above texts which relate to the matters covered by the Convention and to indicate the arrangements made to ensure, as requested under Article 4, in the report form of the Convention, the effective operation and the coordination of the functions and responsibilities of the labour administration system.

The Government is also requested to provide details with respect to: (i) the scope of the mandate, operation and structure of the National Tripartite Commission at both national and local levels and, if they exist, of other tripartite consultative bodies within the labour administration entities; (ii) the structure of the State Committee on Migration and Employment and the role played by this body with regard to the provisions of Article 6 of the Convention; and (iii) services made available to employers and workers with a view to promoting, at national, regional and local levels, effective consultation and cooperation between public authorities and bodies, and employers’ and workers’ organizations, as well as between these organizations (Article 6 (c)).

The Committee would be grateful if the Government would supply particulars, in accordance with the report form of the Convention, under Article 10, concerning the composition of the staff of the labour administration system, and their training, and to describe the material means and the financial resources allocated for the performance of their duties.

Part IV of the report form. Lastly, the Government is asked to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.