Kyrgyzstan - 2012

Freedom of association / Right to organize

Principles

Freedom of association :

• >The right to freedom of association is enshrined in the Constitution but strictly regulated.

Anti-union discrimination

Restrictions

Right to collective bargaining

Principles

Right to collective bargaining:

• >The right to collective bargaining is enshrined in the Constitution.

Restrictions

Right to strike

Principles

Right to strike:

• >The right to strike is recognised in the Labour Law.

Restrictions

Restrictions

Limitations or ban on strikes in certain sectors:

>Undue restrictions for "public servants"

Under section 78(3) of the Labour Code, strikes are prohibited in rail transport, public transport, civil aviation, communication services and enterprises that work around the clock, the stoppage of which would have hazardous consequences.

>Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted

Section 78(4) of the Labour Code provides that workers, following mediation and conciliation procedures provided for in the Code, may request the Government of Kyrgyzstan to defend their legitimate rights and interests. The ILO has requested the government to ensure that collective disputes are settled by an independent body enjoying the confidence of the parties concerned and not by the government.