RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 17, 2021 No. 317

About subordinated divisions of the Ministry of Labour, social security and migration of the Kyrgyz Republic

For the purpose of acceptance of organizational measures in connection with reform of executive bodies, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) Regulations on Service on control and supervision of the labor law under the Ministry of Labour, social security and migration of the Kyrgyz Republic according to appendix 1;

2) Regulations on Department of social protection under the Ministry of Labour, social security and migration of the Kyrgyz Republic according to appendix 2.

2. Determine that the Department of social protection under the Ministry of Labour, social security and migration of the Kyrgyz Republic is legal successor of Department of social security under the Ministry of Labour and social development of the Kyrgyz Republic.

3. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About Department of social security under the Ministry of Labour and social development of the Kyrgyz Republic" of August 26, 2011 No. 517;

2) Item 9 of the order of the Government of the Kyrgyz Republic "About questions of the Ministry of social development of the Kyrgyz Republic" of February 20, 2012 No. 121;

3) paragraph two of Item 3 and Item 8 of the order of the Government of the Kyrgyz Republic "About questions of the Ministry of Labour and social development of the Kyrgyz Republic" of December 28, 2015 No. 888;

4) Item 3 of the order of the Government of the Kyrgyz Republic "About some questions of the Ministry of Labour and social development of the Kyrgyz Republic" of December 30, 2019 No. 726.

4. To the Ministry of Labour, social security and migration of the Kyrgyz Republic:

- bring the decisions into accord with this resolution;

- take other measures following from this resolution.

5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

6. This resolution becomes effective after seven days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 17, 2021 No. 317

Regulations on Service on control and supervision of the labor law under the Ministry of Labour, social security and migration of the Kyrgyz Republic

1. General provisions

1. The service on control and supervision of the labor law under the Ministry of Labour, social security and migration of the Kyrgyz Republic (further - Service) is subordinated division of the Ministry of Labour, social security and migration of the Kyrgyz Republic (further - the Ministry), authorized to perform functions of the state supervision and control of compliance with law of the Kyrgyz Republic about work and labor protection by all organizations, irrespective of legal form and pattern of ownership, and also physical persons to whom this legislation extends.

2. The service in the activities is guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, regulatory legal acts of the Kyrgyz Republic, international treaties which became effective according to the legislation of the Kyrgyz Republic, decisions of the Ministry and this Provision.

3. The service exercises the state supervision and control of compliance with law of the Kyrgyz Republic about work and labor protection in all territory of the Kyrgyz Republic.

4. The service performs the activities in interaction with executive bodies, the state supervising regulatory authorities, and also with local government bodies, prosecutor's offices, trade union associations, employers, other public organizations.

5. The service is legal entity, has seal with the image of the State Emblem of the Kyrgyz Republic and the name in the state and official languages, and also other seals, stamps, forms of the established sample, accounts in system of treasury. The property of Service is state-owned property and is assigned to it on the right of operational management.

6. Full trade name of Service:

- in state language: "Kyrgyz Respublikasynyn Emgek, sotsialdyk kamsyzdoo Jean migration to the ministrligena to karashtu Emgek myyzamdaryn kontroldoo Jean Cozomoldoo of kyzmata";

- in official language: "Service on control and supervision of the labor law under the Ministry of Labour, social security and migration of the Kyrgyz Republic".

The reduced trade name of Service:

- in state language - "EMKKK";

- in official language - "SKNTZ".

Form of business of Service - organization.

7. Legal address of Service: 720010, Kyrgyz Republic, city of Bishkek, Ulitsa Moskovskaya, 197.

2. Purpose of Service

8. The purpose of Service is implementation of the state control and supervision of ensuring compliance with the labor law and labor protection.

3. Main objectives of Service

9. The main objectives of Service are:

- ensuring protection and observance of labor rights of citizens, and also requirements of labor protection;

- ensuring compliance with the labor law by employers;

- providing employers and workers with information on the most effective remedies and methods of observance of provisions of the labor law;

- assistance to mastering employers and workers knowledge of the legislation of the Kyrgyz Republic of work and labor protection.

4. Functions of Service

10. According to tasks the Service performs the following main functions:

- exercises the state supervision and control of observance in the organizations of the labor law, other regulatory legal acts containing regulations of labor right by means of checks, inspections, issue of instructions, obligatory for execution, about elimination of violations and involvement of guilty persons to responsibility according to the legislation on offenses;

- analyzes circumstances and the reasons of the revealed violations, takes measures for their elimination and recovery of the violated labor rights of citizens;

- investigates in accordance with the established procedure labor accidents, analyzes their reasons, develops offers on the prevention of such cases and approves conclusions of the commission of employers about lack of connection of easy accident with production;

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