ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 18, 2018 No. 434

About approval of the Regulations on procedure for provision of temporary disability benefit, maternity allowance and Regulations on procedure for provision of ritual benefit (on burial)

According to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure for provision of temporary disability benefit, maternity allowance according to appendix 1;

- Regulations on procedure for provision of ritual benefit (on burial) according to appendix 2.

2. To the Ministry of Labour and social development of the Kyrgyz Republic:

- perform allowance payment on pregnancy and childbirth within the means provided by the Law of the Kyrgyz Republic "About the republican budget of the Kyrgyz Republic for 2018 and the forecast for 2019-2020";

- develop and submit in accordance with the established procedure for consideration of the Government of the Kyrgyz Republic the bill of the Kyrgyz Republic providing modification of the Labor code of the Kyrgyz Republic regarding establishment by the Government of the Kyrgyz Republic of procedure for appointment and allowance payment on pregnancy and childbirth;

- bring the decisions into accord with this Resolution.

3. Recognize invalid:

- The order of the Government of the Kyrgyz Republic "About measures for the translation of financing of allowance payments for temporary disability, maternity allowances, benefits for burial and improving actions on the government budget" of July 19, 2005 No. 300;

- The order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for appointment, payment and the size of temporary disability benefit, maternity allowance and Regulations on procedure for appointment, payment and the size of ritual benefit (on burial)" of November 11, 2011 No. 727;

- The order of the Government of the Kyrgyz Republic "About modification and amendments in the Order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for appointment, payment and the size of temporary disability benefit, maternity allowance and Regulations on procedure for appointment, payment and the size of ritual benefit (on burial)" of November 11, 2011 No. 727" of October 9, 2012 No. 700;

- Item 2 of the Order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of May 8, 2013 No. 261;

- The order of the Government of the Kyrgyz Republic "About entering of amendments and changes into the Order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for appointment, payment and the size of temporary disability benefit, maternity allowance and Regulations on procedure for appointment, payment and the size of ritual benefit (on burial)" of November 11, 2011 No. 727" of February 4, 2014 No. 73;

- Item 3 of the Order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of June 4, 2014 No. 308;

- The order of the Government of the Kyrgyz Republic "About entering of amendment into the Order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for appointment, payment and the size of temporary disability benefit, maternity allowance and Regulations on procedure for appointment, payment and the size of ritual benefit (on burial)" of November 11, 2011 No. 727" of April 3, 2015 No. 192.

4. To impose control of execution of this Resolution on department of social development of Government office of the Kyrgyz Republic.

5. This Resolution becomes effective after ten days from the date of official publication.

Appendix 1

to the Order of the Government of the Kyrgyz Republic of September 18, 2018 No. 434

Regulations on procedure for provision of temporary disability benefit, maternity allowance

Chapter 1. General provisions

1. This Regulations on procedure for provision of temporary disability benefit, maternity allowance (further - the Provision) regulate procedure for provision of temporary disability benefit to the working persons and maternity allowances to the workers, individual entrepreneurs and members of peasant farms performing business activity without formation of legal entity and also the women recognized in accordance with the established procedure as the official unemployed who have the right to unemployment benefit.

Action of this provision extends to the working citizens of the Kyrgyz Republic, including to citizens of member countries of the interstate agreements which came in the procedure established by the law into force whose participant is the Kyrgyz Republic, the ethnic Kyrgyz who came back on the historical homeland and received the status of "kayrylman" and also on the foreign citizens and persons without citizenship working at the companies in the organizations and organizations of the Kyrgyz Republic irrespective of patterns of ownership and types of activity, according to the legislation of the Kyrgyz Republic.

Action of this provision does not extend to the military personnel of system of defense, the border service, emergency situations, the staff of bodies of homeland security, bodies and organizations of criminal executive system, law-enforcement bodies, customs authorities, except civilian employees of above-mentioned departments.

2. In this Provision the following concepts are used:

official pay rate (rate) - the fixed amount of compensation of the worker for accomplishment of regulation of work (labor obligations) of certain complexity (qualification) for unit of time;

the salary - remuneration (compensation) for work depending on complexity, quantity, quality and conditions, and also payment of the compensatory and stimulating nature;

the individual entrepreneur - physical person which performs business activity without formation of legal entity;

peasant farm (further - peasant economy) - the independent business entity having the status of the legal entity or performing the activities without formation of legal entity which activities are based mainly on personal labor of members of one family, the relatives and other persons jointly conducting production of agricultural products which is based on the parcel of land and other property belonging to members of peasant economy on the property right or received in use (lease)

temporary disability - impossibility for the worker to perform work in general or on the specialty in connection with disease, injury or other reasons, stipulated by the legislation, having rather short-term character;

disability leaf - the document certifying temporary disability of citizens in case of diseases, injuries, pregnancy and childbirth, issued by the organization of health care according to the Instruction for examination of the temporary disability in the treatment-and-prophylactic organizations approved by the Order of the Government of the Kyrgyz Republic of February 28, 2012 No. 152;

general working life - the total duration of labor and other socially useful activity irrespective of the being available breaks;

the user (lessee) - the physical person or legal entity of the Kyrgyz Republic which received in accordance with the established procedure from the lessor the parcel of land from Fund of redistribution of agricultural holdings in lease;

the worker - the physical person who entered employment relationships with the employer;

employer - the physical person or legal entity (organization) which entered employment relationships with the worker;

district coefficient to the salary - the state support of the persons living and working in the mountain and remote remote zones, established by the legislation of the Kyrgyz Republic;

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