Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Articles 1 to 10 of the Convention. System of labour administration and administrative reform. The Committee understands from the information provided by the Government in its report relating to the Labour Inspection Convention, 1947 (No. 81), and the reference to Regulation No. 12 of 12 January 2012 on the public administration and other governmental institutions and No. 87 of 10 February 2012 on measures in connection with the reform of the administrative authorities, that an administrative reform is currently being undertaken in the country. In this regard, it notes that the Government has provided the Office with copies of legislative texts on the organization and functioning of the Ministry of Youth, Labour and Employment (MYLE) and on other bodies dealing with labour administration, all of which were adopted in 2012, namely: (i) Regulation No. 122 of 20 February 2012 on the MYLE; (ii) Regulation No. 317 of 25 May 2012 on the Employment Centre (EC) under the MYLE; (iii) Regulation No. 355 of 2 October 2012 on the Agency for Vocational and Technical Education (AVTE) under the MYLE; and (iv) Regulation No. 240 of 12 April on the Ala Too Finance Microcredit Agency (ATFMA) under the MYLE. The Committee notes from Regulation No. 122 that the MYLE is responsible for the national policy in the area of labour and youth, including employment promotion (including for vulnerable groups, such as refugees and disabled persons), labour market research, the regulation of wages and unemployment benefits, labour relations, gender issues, etc. Furthermore, the Committee understands from information available on the Internet that the National Labour Code is currently under review. While taking due note of the content of the abovementioned regulations, the Committee asks the Government to provide particulars concerning the organization, structure and functioning of the labour administration system in its entirety. In this regard, the Committee would be grateful if the Government would provide the Office with a comprehensive organizational chart of the system of labour administration, depicting all public administration bodies to which labour administration functions have been entrusted, including the MYLE and other ministries, ministerial departments or public agencies (such as the EC, AVTE and ATFMA, etc.) and any semi-public or parastatal, local or regional agencies or any other form of decentralized administration forming part of the labour administration system, and to provide a description of their functions. Please also describe the institutional and legal framework for the provision of mediation and conciliation, as well as for the provision of social security services.

The Committee requests the Government to provide copies of Regulations No. 12 of 12 January 2012 and No. 87 of 10 February 2012, as well as copies of any other texts relating to the organization, operation and powers of the labour administration bodies, including the Regulations on the State Environmental and Technical Safety Inspectorate (SETSI) (Annex 1 of Government Order No. 136 of 20 February 2012) mentioned in the report submitted on the application of the Labour Inspection Convention, 1947 (No. 81) and provide information on any organizational changes in the system of labour administration which might have taken place in the framework of the abovementioned administrative reform. If applicable, please also provide a copy of the Labour Code in its amended version.

The Government is requested to provide detailed information on each of the provisions of the Convention and on each of the questions set out in the report form, reflecting any changes following the implementation of any measures in the current administrative reform.

In particular, the Government is requested to provide information on the following points:

• -the arrangements made to ensure the effective operation and coordination of the functions and responsibilities within the labour administration system, in particular between the MYLE and its subordinated agencies, or between several ministries when performing labour administration activities, for example as foreseen in section 7(3) and (5) of Regulation No. 122, section 9(1) and 4 of Regulation No. 317 (Article 4);
• -the involvement of the social partners, including through the activities of the National Tripartite Committee and any other tripartite bodies, in the formulation and implementation of any measures in the current administrative reform including on relevant draft legislation, and the outcome of such consultations. While the Committee takes due note of the content of Regulation No. 718 of 27 December 1999 on the National Tripartite Commission for the Regulation of Social and Labour Issues (NTC) (in its amended version of 19 May 2008) submitted to the Office, it asks the Government to also provide copies of legislative texts on any other tripartite committees or tripartite structures, such as the National Committee on Migration and Employment and the tripartite committees on employment promotion and regulation of the labour market, etc. (Article 5);
• -the 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));
• -detailed information on the recruitment process of the labour administration staff (experience required, competitions, etc.), its composition, status and conditions of service (pay scale, career advancement), its access to initial and subsequent training (content, frequency, number of participants, etc.), and the measures taken to ensure their independency from external influences. Please also describe the material means and the financial resources allocated for the performance of their duties and provide a copy of the Decree on certain matters concerning the organization of the civil service of the Kyrgyz Republic No. 485 of 24 October 2005 as previously requested; the law on the public service referred to in section 10 of the Regulations on the MYLE or any other legislative texts governing the public service (Article 10 of the Convention);
• -finally, the Government is once again requested to communicate extracts of any reports or other periodic information provided by the principal labour administration services, and referred to in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), and to give information on any practical difficulties encountered in the application of the Convention.