of January 23, 2025 No. 23
Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 18, 2024
In this Code the following basic concepts are used:
1) safe working conditions - working conditions under which impact on workers of harmful or dangerous production factors is excluded or levels of their impact do not exceed the levels established by standard rates;
2) shift method - special form of implementation of labor process out of the place of permanent residence of workers when their daily return to the place of permanent residence cannot be provided;
3) harmful working conditions - the working conditions which are characterized by availability of the harmful production factors exceeding hygienic standard rates and making adverse effect on the worker's organism;
4) rest time - time during which the worker is free from accomplishment of labor obligations and which he can use at discretion;
5) harmful production factor - production factor which impact can lead to disease or decrease in efficiency of the worker;
6) guarantees - means, methods and conditions by means of which implementation of the rights granted to workers in the field of the social and labor relations is provided;
7) remote work - accomplishment of the labor function determined by the employment contract out of the employer's location on condition of use for accomplishment of this labor function and implementation between the employer and the worker of interaction on the questions connected with its accomplishment, information and telecommunication technologies;
8) long foreign business trip - sending of government employees and other workers for work in body of diplomatic service and representative office of state bodies of the Kyrgyz Republic in the foreign states or the international organizations which are abroad according to the legislation of the Kyrgyz Republic;
9) the agreement on dual training - the written agreement between the training company providing the workplace for passing of skills training, and the educational organization regulating conditions and procedure for realization of dual training;
10) the agreement of professional training - the special agreement signed between the employer and the worker in writing according to whom the worker for receipt of professional qualification, retraining and advanced training shall complete the course of professional training organized by the employer;
11) dual training - the training type providing continuous cycle of studying of theoretical material and development of basic skills in the educational organization, fixing of practical skills, acquisitions of working experience on workplace in case of equal responsibility of the educational organization of the student and employer;
12) strike - temporary voluntary refusal of workers of execution of labor obligations (fully or partially) for the purpose of permission of collective employment dispute;
13) the salary - remuneration (compensation) for work depending on its complexity, amount, quality and conditions, and also payment of the compensatory and stimulating nature. Payments of the compensatory and stimulating nature in the form of allowances and surcharges are established in absolute values or as a percentage to official (tariff) pay rate, except for district coefficient which is charged to the salary;
14) qualification - the level of knowledge, skills and social and personal competences characterizing readiness to accomplishment of certain type of professional activity, confirmed by documents of the established sample;
15) the qualification category - the size reflecting the professional training level of the worker;
16) the collective agreement - the local regulation governing the social and labor relations in the organization, concluded in writing between workers and employers on behalf of their representatives;
17) collective employment dispute - not settled issues between workers (their representatives) and employers (their representatives) concerning establishment and change of working conditions (including the salary), the conclusions of change and accomplishment of collective agreements, agreements, and also in connection with refusal of the employer to consider opinion of elected representative body of workers in case of coordination and adoption of the acts containing regulations of labor right in the organizations;
18) the combined remote work - accomplishment of the labor function determined by the employment contract, both in the location of the employer, and by means of remote work;
19) compensations - the money payments established for the purpose of compensation to workers of the costs connected with execution by them labor or provided by the law of other obligations;
20) competence - the integrated capability of the person independently to apply various elements of knowledge and skills in certain situation (educational, personal and professional);
21) criteria of competent work - the description of results of accomplishment of certain labor functions according to requirements and regulations;
22) minimum wage (minimum wage) - the size of the monthly salary for work of the unskilled employee who completely worked regulation of working hours in case of accomplishment of simple works in normal working conditions guaranteed by the law;
23) the moment of the beginning of collective employment dispute - day of the message of the decision of the employer (his representative) on variation of all or part of requirements of workers (their representatives) or not messages the employer (his representative) according to article 249 of this Code of the decision, and also date of creation of the protocol of disagreements during collective bargainings;
24) the mentor - the skilled worker of the company owning production technologies, supervising the student during inservice and skills training;
25) national frame of qualifications - the structured description of levels of qualifications according to set of criteria directed to integration and coordination of national qualification subsystems, ensuring comparability of qualifications and which is basis for system of confirmation of conformity and assignment of qualifications;
26) national system of qualifications - the set of the mechanisms allowing to provide interaction of education and labor market, including national frame of qualifications, industry/sectoral framework of qualifications, professional and state educational standards and procedures of their recognition, system of estimation of qualifications, the educational organizations and programs;
27) dangerous production factor - production factor which impact can lead to injury, sudden sharp deterioration in health or the death of the worker;
28) dangerous working conditions - working conditions under which the worker is influenced by harmful and (or) dangerous production factors which level of impact is capable to create threat of life of the worker and subsequently impacts of such factors can come disability, occupational disease or death;
29) compensation - system of the relations connected with ensuring establishment and implementation by the employer of payments to workers for their work according to the laws, other regulatory legal acts, collective agreements, agreements, local regulations and employment contracts;
30) features of regulation of work - the regulations which are partially limiting application of general rules on the same questions or providing additional rules for separate employee categories;
31) leave - release of the worker from work for certain period for provision to it annual rest or the social purposes with preserving place of employment (position) behind it and the salary;
32) industry/sectoral framework of qualifications - the system and structured on levels description of content of qualifications in certain industry (sector);
33) labor protection - the system of preserving life and health of workers in the course of labor activity including legal, social and economic, organizational and technical, sanitary and hygienic, treatment-and-prophylactic, rehabilitation and other actions;
34) transfer to other work - permanent or temporary change of labor function of the worker;
35) occupational retraining - the form of professional training allowing to receive other profession or specialty;
36) advanced training - the form of professional training allowing to support, expand, deepen and enhance earlier acquired professional knowledge, skills;
37) productive activity - the set of actions of workers using the labor instruments necessary for transformation of resources into finished goods including production and conversion of different types of raw materials, construction, rendering different types of services;
38) skills training - the training directed to acquisition of practical skills based on the organizations of education and (or) the companies (organizations);
39) conciliatory procedures - consideration of collective employment dispute for the purpose of its permission the conciliatory commission with participation of the intermediary;
40) forced labor - coercion to performance of work under the threat of application of any violent impact;
41) professional training - process of acquisition of knowledge, skills necessary for accomplishment of certain work, job group;
42) the professional standard - the characteristic of the qualification necessary for implementation of certain type of professional activity and accomplishment of certain labor function;
43) industrial injury - any injury of the worker got by him in connection with productive activity irrespective of the place, time and degree of its involvement;
44) the worker - the physical person who entered employment relationships with the employer;
45) employer - the physical person or legal entity (organization) which entered employment relationships with the worker. In the cases established by the laws other subject given the right to sign employment contracts can act as the employer;
46) working hours - time during which the worker according to employment policies and procedures or the working schedule or conditions of the employment contract carries out the labor obligations;
47) workplace - the place on which the worker shall be or to which it needs to arrive in connection with its work and which directly or indirectly is under control of the employer;
48) work year - the period equal on duration to calendar year, but estimated for each worker from the date of employment;
49) overtime work - the work performed by the worker at the initiative of the employer outside the established duration of working hours, (normal) for the worker;
50) official journey - the worker's trip according to the order of the employer for certain term for accomplishment of the office order out of the place of permanent job;
51) combining jobs - accomplishment by the worker of other regular paid work on the terms of the employment contract in time, free from the main work;
52) the agreement - the regulation establishing the general principles of regulation of the social and labor relations and related economic relations, concluded between plenipotentiaries of workers and employers at the republican, industry (cross-industry) and territorial levels within their competence;
53) social partnership - interaction of public authorities, associations of employers and labor unions in determination and carrying out in life of the approved social and economic policy, policy in the field of employment relationships, and also the bilateral relations between employers and labor unions under which the state determines parameters of interaction of the parties;
54) means of individual and collective protection - the means intended for prevention or reduction of impact by workers of harmful or dangerous production factors and also for protection against pollution (special footwear, overalls, dielectric gloves and the tool, safety belt, goggles and others);
55) training - activities for acquisition of work experience or advanced training in the specialty;
56) work tariffing - reference of types of work to job grades or qualification categories depending on its complexity;
57) scale of charges - set of job grades of works (professions, positions) determined depending on complexity of works and qualification characteristics of workers by means of tariff coefficients;
58) tariff system - set of standard rates by means of which differentiation of the salary of various employee categories is performed;
59) the tariff charge (salary) - the fixed amount of compensation of the worker for accomplishment of regulation of work (labor obligations) of certain complexity (qualification) for unit of time;
60) working life - set of the periods during which person performed labor functions based on the employment contract or other legal causes, including the periods of annual paid labor leaves, child care leaves, temporary disability and other periods recognized by the legislation as set off in working life. The working life joins also the training periods on condition of execution of the agreement and accomplishment of the labor functions established by the employer;
61) employment disputes - disputes between workers (their representatives) and the employer (representative) concerning establishment and change of working conditions (including the salary), and also the conclusions, changes and execution of the collective agreement, agreements, and also in connection with refusal of the employer to consider opinion of elected representative body of workers in case of coordination and adoption of regulations on labor right;
62) job grade - the size reflecting complexity of work and qualification of the worker;
63) the employment contract - the agreement between the worker and the employer according to whom the employer shall provide to the worker work on the caused labor function, provide the working conditions provided by this Code, the laws, other regulatory legal acts, the collective agreement, agreements, local regulations containing regulations of labor right, timely and in complete size to pay to the worker the salary, and the worker shall perform personally work on certain profession (specialty), qualification or position with subordination to the internal labor schedule;
64) the service record - the main document of the established sample on labor activity and working life of the worker;
65) employment relationships - the relations between the worker and the employer about personal accomplishment by the worker for payment of labor function (work on certain specialty, qualification or position) with subordination to the internal labor schedule when providing with the employer the working conditions provided by the labor law, the collective agreement, agreements, the employment contract;
66) severe conditions of work - the working conditions connected with constants movement, movement and transferring of weights manually and requiring the strengthened physical activity (from the worker);
67) working conditions - set of factors of the production circle and the labor process exerting impact on working capacity and health of the worker.
1. The purposes of the labor law are establishment of the state guarantees of labor rights and freedoms of citizens, work creating favorable conditions, protection of the rights and interests of workers and employers. The labor law is directed to creation of necessary legal conditions for achievement of optimum coordination of interests of the parties of employment relationships, and also interests of the state.
2. The main objectives of the labor law is legal regulation of labor and directly related relations on:
1) to labor organization and management of work;
2) to employment at this employer;
3) to professional training, retraining and advanced training of personnel directly at this employer;
4) to social partnership between employers, workers and state bodies, local self-government, to conducting collective bargainings, the conclusion of collective agreements and agreements;
5) to participation of representative bodies of workers and employers in establishment of working conditions and application of the labor law in the cases provided by the law;
6) financial responsibility of employers and workers in the sphere of work;
7) to supervision and control of observance of the labor law;
8) to permission of employment disputes.
The basic principles of legal regulation of labor and directly related employment relationships are recognized:
1) right to work which each citizen freely chooses or to which freely agrees, including the right to dispose of the capabilities to work and to choose profession and occupation;
2) freedom of work;
3) right to remuneration for work;
4) prohibition of forced labor;
5) prohibition of employment discrimination;
6) prohibition of the worst forms of child labor;
7) protection against unreasonable dismissal;
8) providing the right to assistance of employment and social protection from unemployment;
9) providing right to work in the conditions meeting safety requirements, sanitary standards and rules of hygiene;
10) providing the right to remuneration for work according to the employment contract, but not below the minimum wage established by the law;
11) ensuring right to rest;
12) providing the right to indemnification to health caused to the worker in connection with execution of labor obligations by it;
13) assistance to the professional growth of the worker on production, training;
14) providing the right to permission of individual and collective employment disputes according to the procedure, established by this Code and other legal acts;
15) establishment of the state guarantees on providing the rights of workers and employers, implementation of the state supervision and control of their observance;
16) ensuring protection by the state of the rights and freedoms of citizens, including judicially;
17) providing the right to consolidation, including the right to create labor unions and other representative bodies of workers for protection of the rights and interests in the sphere of employment relationships and implementation of public control over their observance;
18) providing the right of employers to consolidation for protection of the rights, freedoms and interests in the sphere of employment relationships;
19) participation of associations of workers and employers in regulation of employment legal relationship.
1. Regulation of employment relationships and other directly related relations according to the Constitution of the Kyrgyz Republic is performed by the labor law, including the legislation on labor protection, and other regulatory legal acts containing regulations of labor right: this Code, other laws, presidential decrees of the Kyrgyz Republic, resolutions of the Cabinet of Ministers of the Kyrgyz Republic, acts of local government bodies and local regulations containing regulations of labor right.
2. The interstate agreements and other rules of international law ratified by the Kyrgyz Republic are the main part of the legislation of the Kyrgyz Republic.
3. If the international treaties ratified by the Kyrgyz Republic establish the rules, more favorable for the worker, than provided by the laws and other regulatory legal acts of the Kyrgyz Republic, agreements, collective agreements, then rules of international treaties are applied.
4. In case of contradiction between this Code and other regulatory legal acts containing the regulations worsening situation of workers regulations of this Code are applied.
5. Local government bodies have the right to adopt the acts containing regulations of labor right within the competence in coordination with representative bodies of workers.
1. The employer adopts the local regulations containing regulations of labor right within the competence according to the laws and other regulatory legal acts, the collective agreement, agreements.
2. Acts of the employer are drawn up in paper form and/or in the form of the electronic document certified by means of the digital signature.
3. In the cases provided by this Code, the laws and other regulatory legal acts, the collective agreement, the employer in case of adoption of the local regulations containing regulations of labor right carries out coordination with representative body of workers.
4. The local regulations worsening situation of workers in comparison with the labor law, the collective agreement, agreements or accepted without observance of the procedure for coordination with representative body of workers provided by this Code are invalid. In such cases the laws or other regulatory legal acts containing regulations of labor right are applied.
1. This Code, the laws and other regulatory legal acts containing regulations of labor right extend to all workers who signed the employment contract with the employer.
2. This Code, the laws and other regulatory legal acts containing regulations of labor right are obligatory for execution in all territory of the Kyrgyz Republic by all employers (legal entities or physical persons) irrespective of their forms of business and patterns of ownership.
3. In cases when judicially or the state supervision and control inspector of observance of the labor law during inspection check it is determined that actually employment relationships between the employer and the worker are regulated by the agreement of civil nature, provisions of the labor law are applied to them.
4. Features of application of this Code to foreign citizens and stateless persons are determined by article 7 of this Code and other laws containing regulations of labor right.
5. Features of legal regulation of work of separate employee categories (heads of the organizations, the government civil servants and local government officers, persons working part-time, women, youth and others) are established by this Code and other regulatory legal acts.
6. Features of legal regulation of employment relationships of persons within application of the legislation in the sphere of protection of the rights of participants of criminal trial are determined by the Cabinet of Ministers of the Kyrgyz Republic.
7. This Code, the laws and other regulatory legal acts containing regulations of labor right do not extend to the following persons: the military personnel during passing of military service by them; persons from among the private and the commanding structure of law-enforcement bodies, criminal executive system and other law enforcement agencies, except for persons specified in article 248 of this Code; members of the boards of directors (supervisory boards) of the organizations (except for persons which signed the employment contract with this organization); persons working under the agreement of civil nature (the contract, the order and others); other persons in identified by the law cases if in the procedure established by this Code they at the same time do not act as employers or their representatives.
Note. Law enforcement agencies are understood as the authorized bodies determined by the Law of the Kyrgyz Republic "About service in law enforcement agencies of the Kyrgyz Republic".
1. This Code, the laws and other regulatory legal acts containing regulations of labor right extend to the foreign citizens, persons without citizenship working in the organizations located in the territory of the Kyrgyz Republic if other is not established by the legislation of the Kyrgyz Republic or international treaties.
2. On employees of the organizations located in the territory of the Kyrgyz Republic founders or owners (fully or partially) which are foreign legal entities or physical persons (including the affiliated organizations of multinational corporations), the laws and other regulatory legal acts containing regulations of labor right extend if other is not provided by the laws of the Kyrgyz Republic or international treaties.
3. The citizens of the Kyrgyz Republic who are employees of the organizations specified in part two of this Article have the right to equal pay for work of equal value along with foreign employees of such organizations.
1. This Code governs the employment relationships based on the employment contract and also the relations, connected:
1) with professional training of workers on production and advanced training;
2) with activities of labor unions or other representative bodies for protection of the rights of workers;
3) with activities of associations of employers for regulation of the social and labor relations;
4) with conducting collective bargainings, with the conclusion of collective agreements and agreements;
5) with relations between workers (their representatives) and employers at the level of the organizations;
6) with employment;
7) with control and supervision of compliance with law about work, about labor protection;
8) with consideration of individual and collective employment disputes.
2. Collective agreements, agreements, and also employment contracts do not may contain the conditions worsening the rights and guarantees of workers established by the labor law. If such conditions are included in the collective agreement, the agreement or the employment contract, then they cannot be applied.
3. The employment and related relations based on membership in cooperatives, companies and partnerships are regulated by this Code with the features specified in their charters, but which are not contradicting the legislation on work.
1. Everyone has equal opportunities for realization of the labor rights and freedoms.
2. Nobody can be limited in labor rights and freedoms or to get any advantages in case of their realization depending on floor, race, nationality, language, origin, property and official capacity, age, the residence, the relation to religion, political convictions, accessory or not belonging to public associations, criminal record (except for restrictions, stipulated by the legislation in the sphere of labor relations), and also from other circumstances which are not connected with business qualities of the worker and results of its work.
3. Unequal payment for work of equal value is not allowed.
4. Establishment of distinctions, exceptions, preferences and restrictions which are determined by the requirements peculiar to specific type of work established by the legislation are not discrimination or are caused by special care of the state of persons needing the raised social and legal protection.
5. Persons considering that they underwent to employment discrimination, including violence, harassment, prosecution in the sphere of the work having the right to take a legal action with the corresponding statement for recovery of the violated rights, compensation of material damage and compensation of moral harm.
1. Forced labor, that is coercion to performance of work under the threat of application of any violent impact, is forbidden, except cases:
1) performance of work which is caused by the legislation on conscription and military service or the alternative service replacing it;
2) performance of work in extraordinary conditions, that is in cases of the announcement of emergency or warlike situation, disaster or threat of disaster (the fires, floods, hunger, earthquake, strong epidemic or epizooty), and also in other cases threatening life or normal vital conditions of all population or its part;
3) performance of work owing to the court verdict which took legal effect under the supervision of the state bodies responsible for compliance with law in case of execution of adjudications.
2. Use of the worst forms of child labor is forbidden.
1. The law or other regulatory legal act containing regulations of labor right becomes effective since the moment specified in it or in other act determining procedure for enforcement of this act.
2. The law or other regulatory legal act containing regulations of labor right stops the action in communication:
1) from the expiration of its action;
2) with entry into force of other act of equal or highest legal force on the same question;
3) with cancellation (recognition invalid) this act the act of equal or highest legal force.
3. The law or other regulatory legal act containing regulations of labor right has no retroactive force and is applied to the relations which arose after its introduction in action.
4. Operation of the law or other regulatory legal act containing regulations of labor right extends to the relations which arose before its introduction in action only in the cases which are directly provided by this act.
5. In the relations which arose before enforcement of the law or other regulatory legal act containing regulations of labor right, the specified law or the act is applied to the rights and obligations which arose after its introduction in action.
1. The term of origin or termination of labor rights and obligations begins with calendar date which determines the beginning or the termination of employment relationships.
2. The terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month, week of term. In time, estimated in calendar weeks or days, also non-working days join.
3. If the last day of term falls on non-working day, then the first working day following it is considered day of the termination of term.
1. Employment relationships between the worker and the employer arise based on the employment contract signed by them according to this Code.
2. In the cases and procedure established by the law, other regulatory legal acts or the charter (provision) of the organization, employment relationships arise based on the employment contract and other acts preceding the conclusion of the agreement:
1) election (elections) to position;
2) elections on tender on replacement of vacant position;
3) position assignments or approvals in position;
4) job placements the bodies authorized by the legislation on account of the established quota;
5) judgment on execution of an employment agreement;
6) the actual assumption to work from permission or at the request of the employer or his representative irrespective of availability of the employment contract which is drawn up properly;
7) the conclusions of the terminal employment contract with retirement pensioners according to the Law of the Kyrgyz Republic "About the national pension social insurance" and article 18 of this Code.
3. Employment relationships arise based on the act of election (elections) to position and the employment contract if the obligation of accomplishment by the worker of certain labor function follows from the act of election (elections).
4. Employment relationships arise based on the act of election on tender and the employment contract if the law, by other regulatory legal act, the charter (provision) of the organization or other local regulation of the employer determines the list of the positions which are subject to replacement on tender and procedure for competitive election to these positions.
5. Employment relationships arise based on the act of position assignment or approval in position and the employment contract in the cases provided by the laws, other regulatory legal acts or the charter (provision) of the organization.
1. The parties of employment relationships are the worker and the employer.
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