What Does a Trade Union Do?

Many people are interested in questions such as: Why is a trade union needed? Is it needed at all? And can it really protect our rights? Some even do not know that such organizations exist, considering them a relic of the Soviet era. However, this is mistaken.

A trade union is an active subject in collective labor relations. It is a representative body of workers. The right to form trade unions, as well as their powers and functions, are enshrined in the Constitution of the Kyrgyz Republic, the Labor Code, the laws “On Trade Unions”, “On Collective Agreements”, “On Occupational Safety”, and many other normative legal acts. In other words, a robust normative legal framework confirms the powers and regulates the activities of trade unions.

So, what does a trade union do? Let’s focus on the main functions of trade unions:

  • Representative: Trade unions represent the interests of workers before the employer and municipal and state authorities.
  • Defensive: Trade unions protect workers’ labor rights and their socio-economic interests.
  • Monitoring: Trade unions exercise public oversight over the employer’s compliance with labor legislation, social protection, the collective agreement at the enterprise, and agreements at other levels; they ensure adherence to labor standards and industrial safety.
  • Organizational: Trade unions organize workers for collective action to defend their rights and interests.

Trade unions carry out these functions using various instruments provided for by law:

They participate in collective negotiations and conclude a collective agreement that defines the relationship between the employer and the workforce, as well as the rights and obligations of workers and management, including the social package.

Trade unions participate in the development and coordination of local organizational acts – internal work regulations, regulations on remuneration and premiums, regulations on workplace certification, and occupational safety instructions.

In addition, representatives of workers often take part in legislative activities, preparing and lobbying for amendments to legislative acts that improve the situation of workers.

Professional unions conduct public oversight over the employer’s compliance with labor legislation, especially in the area of occupational safety. For this purpose, legal and technical labor inspections are created and operated within sectoral trade unions, possessing the same powers as state supervisory bodies. There are also public occupational safety inspectors at the levels of organizations, enterprises, and institutions.

Trade unions participate through their bodies in the process of employee training, retraining and upgrading skills, as well as in the employment of workers or students who are being released.

Assisting employers in production management is also one of the directions of trade union work. For this purpose, worker representatives are included in the management bodies of organizations (Board of Directors, Management Board, Supervisory Board) and are members of production councils and various commissions.

Naturally, additional areas of trade union activities include organizational, health, sports, and cultural mass work.

A trade union is the tool that can help make your work more protected, comfortable, and dignified!

Model regulation on the primary trade union organization
Model application for membership dues
Petition for admission to the Industry Trade Union
Model protocol on the creation of a trade union organization
Application for joining the trade union
Model collective agreement

FAQ

1Can an employer fail to pay an employee for a sick leave certificate (sick leave)?
According to Article 194 of the Labor Code of the Kyrgyz Republic (“Guarantees for the employee in the event of temporary incapacity for work”) and in accordance with paragraph 21 of the Regulation on the Procedure for Providing Temporary Incapacity Benefits, Maternity Benefits, approved by the Resolution of the Government of the Kyrgyz Republic dated September 18, 2018 No.434: “The right to receive a temporary incapacity benefit is granted to an employee who has been in an employment relationship with the employer from the day the employment relationship is established and ceases on the day the employment relationship ends,” the employer is therefore obliged to pay for the sick leave certificate.
2Having worked in the organization for more than one year, can the employer refuse to grant annual paid leave?
In accordance with Article 116 of the Labor Code of the Kyrgyz Republic (“Employees are granted annual leave with job (position) security and average earnings”) and Article 129 of the Labor Code of the Kyrgyz Republic (“in the event that annual paid leave is not granted, the employee does not lose the right to its use or monetary compensation for all the years of not taking leave”), the employer cannot refuse to grant the leave.
3How is the compensation for unused days of annual paid leave calculated?
The amount of compensation for unused days of annual paid leave is determined in accordance with paragraph 5 of Article 159 of the Labor Code of the Kyrgyz Republic: “The average daily earnings for the payment of leaves and compensation for unused leaves is calculated for the last 3 calendar months by dividing the sum of the accrued wages by 3 and 29.6 (the average monthly number of calendar days).”
4What is the duration of leave for taking care of a child?
An employee may request additional leave for taking care of a child without pay until the child reaches the age of three. By mutual agreement, leave for taking care of a child until the child reaches the age of three may be granted at any time and for any duration in accordance with paragraph 1 of Article 137 of the Labor Code of the Kyrgyz Republic.
5Is an employer entitled to transfer an employee to a fixed-term employment contract if the employee was previously hired on an indefinite basis?
In accordance with paragraph 4 of Article 55 of the Labor Code of the Kyrgyz Republic, an employment contract concluded for an indefinite period cannot be re-concluded as a fixed-term contract without the employee's consent.
6Does the employer have the right to force an employee to write a resignation letter of their own volition?
The employer is not entitled to force an employee to resign voluntarily.
7What liability does the employer bear if, upon dismissal, the employee's work record book is not issued and is instead issued six months later?
According to paragraph 6 of Article 65 of the Labor Code of the Kyrgyz Republic: “for the untimely issuance of the work record book due to the employer’s fault upon the employee’s dismissal, the employer shall pay the employee the average daily earnings for each day of delay in issuing the work record book,” provided that the employer did not send the employee a postal notification in a timely manner requesting that the employee come for the work record book or give consent for its mailing.

A trade union is created within an organization, enterprise, or institution that has a defined workforce. There is a leader – the employer – and employees; therefore, labor relations are in place.

The creation of a trade union is voluntary, and the initiative must come exclusively from the employees themselves. Consequently, an initiative group is formed to carry out preparatory activities. In order to correctly conduct the procedure for establishing a trade union, it is necessary to consult trade union lawyers on the matter. They can be found in the sectoral trade union association to which your enterprise belongs based on its professional industry.

To organize a trade union, a constituent meeting must be held, with at least three employees from the respective organization, enterprise, or institution present. Representatives of the employer may also be invited to the meeting. In general, it is advisable to notify the administration in advance about the meeting.

At the first meeting, a decision is made to establish the trade union. Additionally, the employees may express the initiative to have the trade union organization join a sectoral republican trade union association. The Trade Union Committee is elected along with its chairman, and if necessary, his deputy, as well as an auditor or an auditing commission. The composition of the Trade Union Committee must be an odd number and should include representatives from various subdivisions, management units, and departments of the Company. The numerical composition is determined based on the total number of trade union members. At the constituent meeting, the initial composition of the Trade Union Committee is approved. Later, after new members join the trade union, its composition can be supplemented and updated.

In the initial stage, the chairman of the Trade Union Committee may combine his public activities with his primary work in the organization. However, in organizations with a large number of trade union members—more than 300—if financial possibilities allow, it is recommended that the chairman be relieved from his main job and transferred to the staff of the Trade Union Committee.

The meeting’s decision is documented in the form of minutes, which are signed by the chairman and the secretary. Each trade union member writes an application for joining the trade union and agrees to the deduction of trade union membership fees. The amount of the monthly fees is also determined by the meeting participants. Typically, this is 1 or 2% of the calculated salary or a fixed amount, for example, 200 soms.

After joining a sectoral trade union, the primary trade union organization is considered registered in accordance with Article 8 of the Kyrgyz Republic’s law “On Trade Unions.” If necessary, it may obtain the status of a legal entity by undergoing the relevant registration with the Ministry of Justice of the Kyrgyz Republic. That is, the trade union organization can function either with the status of a legal entity or without registration with the Ministry of Justice. In this case, it carries out its activities on the basis of the Charter of the sectoral trade union association.