Kyrgyzstan
The ITUC does not have an affiliate in Kyrgyzstan.
Kyrgyzstan ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1992 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1992.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Barriers to the recognition of collective bargaining agents
- Possibility to by-pass representative trade unions and bargain directly with workers’ representatives
- Pursuant to sections 3, 5 and 10 of the Law on Collective Agreements, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. In addition, pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, are represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. These provisions undermine the position of a representative union, where it does not represent 50 per cent of the workforce, in favour of elected representatives in the collective bargaining process.
Right to strike
Right to strike
The right to strike is recognised in the Labour Law.
Barriers to lawful strike actions
- Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - Pursuant to section 437 of the Labour Code, the decision to call a strike should be taken by a meeting (conference) of workers, a minimum of two thirds of the total number of workers (delegates) should be present at that meeting (conference) and the decision to strike should be taken by at least half of the number of workers present. The quorum set out for a strike is therefore too high and may potentially impede recourse to strike, particularly in large enterprises.
In practice
On 28 January 2022, the Federation of Trade Unions of Kyrgyzstan (FTUKg) planned to hold the Federation Council, which was supposed to set the date for the Unification Congress, where opposing parties elect a leader to overcome the split in the federation.
On the morning of 28 January, at 7:50 a.m., Ryskul Babayeva, FTUKg deputy chairperson, was arbitrarily detained by police officers of the Alamedin district on a false denunciation written by Eshaliev Sarpek, who is an associate of the former chairman of the Federation of Trade Unions of Kyrgyzstan, Mirbek Asanakunov, who had been elected in 2017 with the heavy support and help of the government.
This detention was most likely organised by Asanakunov himself in order to disrupt the meeting of the Federation Council, scheduled for 10 a.m. According to Babaeyva, their mission failed, as the meeting took place as planned and a date was set for the Unification Congress. After investigation by the police, it was revealed that the denunciation was slanderous, and Babayeva was therefore released. The police officers apologised to her about the incident. Currently, the Federation of Trade Unions of Kyrgyzstan is considering the issue of filing a complaint about the incident with the relevant authorities.
The draft law on trade unions was vetoed three times in 2021 by President Japarov: in April, July and November. The law was drafted by the Parliament without properly consulting workers’ unions, competent government officials or the expertise of the International Labour Organization
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
(ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
). It largely contradicts the country’s constitution and core labour standards, including ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
Conventions 87 and 98. In particular, it would have installed a trade union monopoly of the Federation of Trade Unions of Kyrgyzstan and would have put all unions under its control. Despite these clear vetoes by the executive power and the opposition of the independent trade unions, in early 2022 the Kyrgyz parliament once again tabled the bill.
Some employers impede the work of trade unions by refusing to let union representatives enter companies in which their members are employed. In companies facing severe economic difficulties, management often threatens bankruptcy as a means of deterring trade union activity. Collective agreements are not always respected. Labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. is largely ineffective, and possible fines for trade union rights violations are merely token sums that do not promote compliance.