Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Article 2 of the Convention. Sanctions. The Committee notes that under section 152 of the Labour Code (Act No. 107 of 4 August 2004, as last amended in 2012), employers are obliged to pay workers a wage that is in compliance with the Labour Code and applicable collective agreements while section 446 provides for civil, administrative and criminal liability for persons found guilty of violating the Labour Code and other labour laws. The Committee requests the Government to indicate the specific penalties provided for in labour laws or regulations for failure to pay wages at no less than the legally established minimum wage rate.

Article 3. Elements to be considered in determining minimum wage levels. The Committee notes that under sections 151 and 154 of the Labour Code, the minimum wage is defined as the guaranteed monthly wage for unskilled workers for average work performed during normal working hours and in normal working conditions, and it is further provided that the wage amount paid to a worker at the lowest category of the pay scale may not be lower than the statutory minimum wage rate. The Committee also notes section 2 of the Minimum Wage Act No. 210 of 13 October 2008, which provides that the national minimum wage is fixed by Government decision through the Act on the State Budget and is progressively raised to reach the amount of the subsistence minimum. The Committee further notes that, by virtue of section 16 of the State Budget Act No. 41 of 17 April 2012, the monthly minimum wage has been set at 840 Kyrgyzstani Som (KGS) (approximately €13.33) for 2013 and KGS900 (approximately €14.28) for 2014. Finally, the Committee understands that the Minimum Consumer Basket Act, adopted in 1993, sets out that the minimum wage basket should serve as a basis for the determination of the minimum wage, taking into account the minimum consumption rate for different age groups to be revised at least once every five years. The Committee requests the Government to provide additional explanations on how the “subsistence minimum” is calculated in practice and to indicate the current ratio of the minimum wage to the subsistence minimum. Moreover, recalling that Article 3 of the Convention requires socio-economic elements to be taken into consideration in adjusting minimum wage levels, the Committee requests the Government to further clarify how social factors, such as social security benefits and the relative living standards of different social groups, but also economic factors, such as levels of productivity and the desirability of attaining and maintaining a high level of employment, are taken into account in determining the minimum wage. Finally, the Committee would appreciate receiving a copy of the Minimum Consumer Basket Act of 1993 which has not been made available to the Office.

Article 4. Full consultations with the social partners. The Committee notes that notwithstanding the establishment of a minimum wage fixing machinery whereby the Government fixes and periodically reviews the minimum wage rate, there does not appear to exist an institutionalized framework in place for conducting consultations with representative employers’ and workers’ organizations in these matters nor is any provision made in the Labour Code for such tripartite consultations. The Committee wishes to recall, in this respect, that one of the fundamental obligations of the Convention is to set up a minimum wage fixing machinery and to associate with its operation representative organisations of employers and workers, who must participate on an equal footing. The obligation to hold full consultations with the social partners lies at the very heart of this Convention even though the manner in which such consultations may be carried out in practice is left to the national authorities. The Committee therefore requests the Government to take steps for the establishment of an appropriate framework for carrying out genuine and effective consultations with the social partners at all stages of the minimum wage fixing process.