LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Kyrgyz Republic

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Kyrgyz Republic’s overall score is 76 out of 100. The overall score for Kyrgyz Republic is lower than the regional average observed across Caucasus and Central Asia (79.5). Within the Caucasus and Central Asia, the highest score is observed for Azerbaijan.

Kyrgyzstan ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1992 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1992.

Labour Rights Index 2022

76/100

LRI Country Score

25/100

Trade Union Indicator

- %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

0.35

SDG indicator 8.8.2

5

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

Art. 2 of Trade Union Law 1998; USDOS CRHRP 2021

A / D

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

CEACR, C98, DR 2021

B

Does the law provide for the right to strike?

No

0

Art. 437 Labour Code 2004; CEACR, C87, DR 2020

A

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

Art. 441-442 of the Labour Code 2004

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

National Labour Legislation / US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)
Art. 2 of Trade Union Law 1998

Article 2. The right to consolidation in labor unions
Each citizen who reached fourteen-year age and performing labor activity or the student in educational institution, and equally pensioners have the right at the choice voluntarily to create labor unions, and also to join trade unions on condition of observance of their charters.

Labor unions can be created at the companies, in organizations and the organizations irrespective of patterns of ownership with number working three and more persons. Their representative bodies are committees or the professional organizers elected at trade-union meetings (conferences).

 

USDOS CRHRP 2021

The law provides for the right of workers to form and join trade unions, except domestics and migrants. The government effectively enforced these rights. The law provides for the right of unions to organize and bargain collectively and conduct their activities without interference.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C98, DR 2021

The Committee recalls that in its previous comments it noted that, pursuant to sections 3, 5 and 10 of the Act on Collective Agreements, in collective bargaining, workers were represented by trade unions and other workers’ representatives, including enterprise councils. In this respect, it further noted that pursuant to sections 29, 31 and 38 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were 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. It requested the Government to amend the above-mentioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. Noting the Government’s indication that this question would be examined by the Tripartite Working Group on the Improvement of Labour Legislation established by an order of the Minister of Labour and Social Development in 2019 and that the FPK drafted a law to amend the Labour Code and the Act on Collective Agreements, aiming to ensure, in particular, that collective bargaining remained a prerogative of trade unions, the Committee requested the Government to provide information on all developments in this regard.

Violations

National Labour Legislation
Art. 437 Labour Code 2004

Article 437
The decision to declare a strike is made by a meeting (conference) of employees of an organization (branch, representative office, other separate structural subdivision) at the suggestion of the representative body of employees previously authorized
employees to resolve a collective labor dispute. The decision to declare a strike taken by the trade union (association of trade unions), is approved for each organization by a meeting (conference) of employees of this organizations.
A meeting (conference) of employees is considered eligible if at least two thirds of the total number of employees are present. workers (conference delegates).
The employer does not have the right to interfere with the meeting (conference).
The decision is considered adopted if at least half of the employees present at the meeting voted for it. (conferences). If it is impossible to hold a meeting (convening a conference) of employees, the representative body of employees has the right to approve its decision by collecting the signatures of more than half of the workers in support of the strike.
After 5 calendar days of work of the conciliation commission, an hourly warning may be announced once. a strike, of which the employer must be notified in writing no later than 3 working days in advance. When conducting a warning strike, the heading body shall ensure the minimum necessary work (services) in accordance with this Code. The employer must be notified in writing of the start of the forthcoming strike no later than 10 calendar days in advance.
The decision to declare a strike shall indicate: a list of disagreements between the parties to a collective labor dispute that are
grounds for declaring and holding a strike; date and time of the start of the strike, its expected duration and
the expected number of participants; the name of the body leading the strike, the composition of the workers’ representatives,
authorized to participate in conciliation procedures; proposal for the minimum necessary work (services) performed in
organization (branch, representative office, other separate structural unit) during the strike.

Violations

No Violation