Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Inspection Convention, 1947 (No. 81) - Kyrgyzstan (Ratification: 2000)

Other comments on C081

Observation

Direct Request

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Articles 3, 4, 10 and 16 of the Convention. Effective functioning of the labour inspection system following the creation of the Service for Control and Supervision of Labour Legislation. Further to its previous comments on the effective functioning of the labour inspection system, the Committee notes that the Government Decision No. 88 of 2021 on the Ministry of Health and Social Development, whereby the functions of the State Environmental and Technical Safety Inspectorate in terms of control and supervision of compliance with labour legislation had been transferred to the Ministry of Health and Social Development, has been repealed by Government Decision No. 249 of 15 November 2021 (section 5).

It also notes that, according to the new reorganization of the labour inspection system under the Regulations on the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration, approved by Government Decision No. 317 of 17 December 2021: (i) the Service for Control and Supervision of Labour Legislation is a unit subordinate to the Ministry of Labour, Social Security and Migration of the Kyrgyz Republic (section 1); (ii) the functions of the Service are to ensure the protection and enforcement of labour rights and labour protection requirements and provide employers and employees with assistance in understanding labour legislation, as well as information on the most effective means and methods of complying with its provisions (section 9); and (iii) the Service for Control and Supervision of Labour Legislation shall be composed of regional labour inspectors subordinate to the Director of the Service (section 14), who shall be appointed to and removed from the post by the Director in accordance with labour legislation and legislation in the field of state civil and municipal service (section 12).

It also notes the information provided by the Government, in response to its previous request concerning statistics on the number of labour inspection visits carried out, that a total of 1,489 inspections were conducted (including 767 in 2019 and 722 in 2020) and 115 investigations were undertaken. The Committee observes that the Government did not provide information on the number of workplaces and workers covered by these inspections nor on the follow-up action taken in relation to the issues of non-compliance identified. Considering the new reorganization of the labour inspection system, the Committee requests the Government to provide information on the number of labour inspectors appointed to the Service for Control and Supervision of Labour Legislation and the measures taken to ensure that the number of labour inspectors in the Service is sufficient to ensure the effective performance of the inspection functions, and to provide information on the measures taken in this respect. It also requests the Government, once again, to provide information on the budget allocation for labour inspection purposes and to continue to provide statistics on the inspection visits carried out, with indications on the number of workplaces and workers covered by the inspections, as well as information on the follow-up action taken in relation to the non-compliances detected, including statistics on the number of penalties imposed for violations of labour legislation. Lastly, it requests the Government to provide an organizational chart of the Service for Control and Supervision of Labour Legislation under the Ministry of Labour, Social Security and Migration in view of the 2021 administrative reform.

Article 5(a) and (b). Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities and collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comments on the collaboration between the Federation of Trade Unions of Kyrgyzstan and the State Labour Inspectorate and its impact on enforcement, the Committee notes that the Government indicates that, in 2019, the Union's Technical Labour Inspectorate inspected 222 organizations, collaborating with public inspection bodies in 64 of them. As a result, the Government indicates that 856 cases of non-compliance with OSH regulations were detected, 201 orders were issued and 147 notifications of compliance were received within the established deadline. In addition, the use of equipment, plant and machinery was suspended in 12 cases, including three workshops and one enterprise, due to a clear threat to the life and health of workers. It also notes the Government’s information on the seminar held in April 2021 on the theme "Anticipate, prepare and respond to the crisis – ensure workers’ safety and working conditions", which was attended by technical labour inspectors from national, sectoral and regional trade union associations and representatives of the competent public body for the supervision and control of compliance with labour legislation.

With respect to the powers and rights of trade union technical inspectors, the Committee notes the Government's indication that the powers of trade union legal and technical labour inspectors are defined in the relevant laws and regulations on trade unions. In this respect, it notes that, in accordance with the Trade Unions Act of 1998 (as amended), legal and technical labour inspectorates have the same rights as the State Labour Inspectorate (section 14). Trade union inspectors are empowered to exercise the basic rights of State inspectors set out in section 402 of the Labour Code, which include, inter alia, conducting inspection visits, requesting and obtaining documents and explanations from employers and executive bodies of local administration necessary for the performance of control functions, investigating industrial accidents, issuing binding orders to rectify violations of labour legislation, suspending work at workplaces where violations of health and safety requirements are detected, as well as eliminating such violations and prosecuting persons guilty of violating labour legislation. It further notes the Government’s indication that there are currently 32 technical labour inspectors working in the Union's Technical Labour Inspectorate, organized by industry and region.

Furthermore, the Committee notes the Government’s information, in response to its previous request concerning information on the number of labour inspections carried out by technical inspectors, as well as the outcome of such inspections, that in 2020, trade union technical labour inspectors were involved in 137 investigations of occupational accidents, including 44 fatal accidents (affecting 165 workers). It notes that in 2019, technical labour inspectors (i) processed 773 communications, declarations and complaints related to OSH violations of workers' rights, including 47 communications from employers requesting explanations on various OSH rules; (ii) made 89 settlements totalling 70.8 million KGS (equivalent to US$857,017) in one-off payments, of which more than 90 per cent was paid to the victims or families of the deceased; and (iii) took part in 202 court cases, of which 39 cases were settled in favour of workers by courts at different levels. Lastly, the Committee notes that, under the Regulations on the Service for Control and Supervision of Labour Legislation of 2021, the Service is to carry out its activities in cooperation with executive authorities, state supervisory and control bodies, as well as with local self-government bodies, prosecutor's offices, trade union associations, employers, and other public organizations (section 4). The Committee requests the Government to continue to provide information on the collaboration between the newly re-organized Service for Control and Supervision of Labour Legislation and other Government services and public or private institutions engaged in similar activities, as well as between the Service, the employers and the Federation of Trade Unions, and the impact of these collaborations on enforcement. In this respect, it requests the Government to continue to provide information on the number of labour inspections carried out by legal and technical inspectors, with specific information on the outcome of such inspections, including the number of orders issued, the number of suspensions of workplaces where violations of health and safety requirements were detected and the number of prosecutions of employers found guilty of violating labour legislation, in accordance with section 402 of the Labour Code in conjunction with section 14 of the Trade Unions Act. Noting the absence of information on this matter, the Committee requests once again the Government to indicate whether the limitations in Law No. 72 of 2007 (as amended) on the conduct of inspections in enterprises apply as well to legal and technical inspectors.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indications that labour inspectors are civil servants who are selected on a competitive basis - based on eligibility requirements such as work experience and education - and are employed on an indefinite basis. It notes, however, that the Government did not provide any information on the budgetary allocation for labour inspection purposes. The Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including illustrative figures on their remuneration, grades and career prospects, also in relation to the remuneration, grades and career prospects of other officials identified as exercising similar functions such as tax collectors and the police. It also once again requests the Government to provide information on the budgetary allocation for labour inspection purposes.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments on the measures taken to ensure effective notification of cases of occupational diseases to the labour inspectorate, the Committee notes that the Government refers to sections 20 and 21 of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, concerning the notification of industrial accidents, but not of occupational diseases.

It also notes that the Government indicates that it would discuss the terms of section 7 of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, at a meeting of the National Tripartite Commission. The Committee recalls that, in its previous comments it noted that, under this provision, the health organization is obliged to notify the employee's occupational disease to the State Centre for Territorial Health and Epidemiological Surveillance and to the employer, but that the decision does not require notification to the labour inspectorate. The Committee requests the Government to provide information on the measures taken to ensure that the labour inspectorate is duly notified of all cases of occupational disease, and to provide information on the outcome of the discussion at the level of the National Tripartite Commission. It also requests the Government to provide statistical information disaggregated by year on the cases of occupational diseases reported to the labour inspectorate, indicating the number of cases and the cause of the diseases. In addition, it requests the Government to provide copies of the Regulations on the Recording and Investigation of Industrial Accidents, approved by Government Decision No. 64 of 2001, and of the Procedure for the Recording and Investigation of Occupational Diseases, approved by Government Decision No. 225 of 2011, as amended.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the information contained in the annual labour inspection reports for 2018, 2019 and 2020 transmitted by the Government, including statistics on (i) inspections visits conducted (1,086 inspections in 2018, 767 in 2019 and 722 in 2020); (ii) violations identified (3,565 violations in 2018, 1,289 in 2019 and 2,592 in 2020); (iii) industrial accidents (77 accidents in 2018, 59 in 2019 and 64 in 2020). It also notes the information on the number of orders issued by labour inspectors (547 orders in 2018, 381 in 2019 and 333 in 2020), as well as the amount of money collected through the application of administrative fines between 2018 and 2020 (in total, KGS3,909 equivalent to US$48). In this respect, the Committee refers to its comment on the application of Article 18. It also notes that no information was provided in the annual reports on the staff of the labour inspection service, statistics of workplaces liable to inspection and the number of workers employed therein, and statistics of occupational diseases. Noting that, according to section 10 of the Regulations on the Service for Control and Supervision of Labour Legislation, the Service is required to submit to the Cabinet of Ministers an annual report on the state of labour protection and working conditions, the Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO, in accordance with Article 20 of the Convention, and that they contain information on all the subjects covered by Article 21(a)–(g).

[The Government is asked to reply in full to the present comments in 2023.]