RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of November 7, 2025 No. 32

About court practice on consideration of civil cases by courts on the disputes following from employment legal relationship

The labor law of the Kyrgyz Republic is directed to 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, and also providing necessary legal conditions for achievement of optimum coordination of interests of the parties of employment relationships and interests of the state.

For the purpose of the correct and uniform application of the legislation by courts by consideration of the disputes following from employment legal relationship and also in connection with acceptance of 23.01.2025 of the new Labor code of the Kyrgyz Republic (further - shopping Mall KR) enacted by the Law of the Kyrgyz Republic "About enforcement of the Labor code of the Kyrgyz Republic and modification of some legal acts of the Kyrgyz Republic in the sphere of work" of 23.01.2025 No. 24, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by part 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts of the Kyrgyz Republic to observance of the regulations established by the civil procedural legislation in case of determination of cognizance of this category of cases, preparation of cases for legal proceedings, adherence to deadlines of consideration of individual employment disputes, and also to the correct calculation of the state fee on this category of civil cases.

2. By consideration of labor cases, courts should consider that 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: The labor code of the Kyrgyz Republic (Shopping Mall KR), the 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.

The international agreements which came in the procedure established by the law into force which participant is the Kyrgyz Republic and also the conventional principles and rules of international law are component of system of law of the Kyrgyz Republic (Art. 6 of the Constitution of the KR).

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.

3. The requirement about recovery at work and other related requirements can be considered only according to the procedure of claim production. At the same time it is necessary to find out availability of employment relationships between the parties of dispute whether labor rights of the worker in case of the termination of employment relationships are violated and whether there are bases for protection of the violated rights by its recovery in former position, penalties in its advantage of the salary for time of induced truancy, etc.

In case of the wrong execution of the statement (instead of the action for declaration, for example, the application for contest of the dismissal order is submitted), the dispute shall be considered also within claim production.

If the worker in case of submission of the claim for recovery at work does not appeal the dismissal order, and only the requirement about recovery at work is specified, then this circumstance does not involve refusal in the claim or its leaving without movement. This omission can be eliminated with court in case of substantive prosecution, proceeding from requirements of item 2 p.1 the Art. 200 GPK of the KR.

Timely and complete preparation of case for legal proceedings has the determining value for high-quality consideration of the case at the scheduled time.

4. Courts should mean that territorial cognizance of disputes on recovery at work is determined by the location of the defendant according to the Art. 28 GPK of the KR. According to item 2 of Art. 89 of KR Group the location of the legal entity is determined by the place, its state registration, i.e. the address specified in constituent documents of the legal entity.

At the same time, courts in claims for recovery at work, mistakenly apply provisions of item 6 of the Art. of 31 GPK of the KR concerning cognizance at the choice of the claimant. This provision is applied only to claims for recovery of the labor rights connected with indemnification, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention, recognizance not to leave or illegal imposing of administrative punishment in the form of arrest which are not regulated by the labor law as the bases of such claims arise from the right to rehabilitation, the including right to compensation of property damage, elimination of consequences of moral harm and recovery in labor and other rights.

The right to rehabilitation is recognized by rules of the criminal procedure legislation, namely according to Art. 133 of the Code of Criminal Procedure of the KR according to which court in sentence, determination, the resolution, and the investigator, the prosecutor - in the resolution recognize for justified, or person concerning whom criminal prosecution, the right to rehabilitation is stopped.

Recovery of labor, pension, housing and other rights of rehabilitated, is made according to the procedure of civil legal proceedings (p.1 by Art. 136 of the Code of Criminal Procedure of the KR).

The court based on the court resolution or the procedural act which is taken out by the investigator, the prosecutor about rehabilitation passes the decision on recovery rehabilitated in labor rights which execution is assigned to the former employer rehabilitated. The judgment about recovery rehabilitated at former work or in former position is obligatory for the head of the organization of any pattern of ownership.

In case of reorganization or change of the owner of the legal entity in which the citizen worked before condemnation or criminal prosecution, to fulfill duty the judgment about recovery rehabilitated at former work or in former position or other equivalent work (position) it is assigned to the legal successor.

Rehabilitated having the right to appeal to the employer to make changes of record to the service record about reasons for leaving. In case of refusal, the court considers the application rehabilitated about recognition of invalid record about dismissal from position, in connection with condemnation and cancellation of these employment records.

Courts need to differentiate categories of cases on recovery in labor rights as a result of rehabilitation. The specified legal relationship are not subject of regulation of the labor law.

In case of recovery in labor rights of rehabilitated there is no need to cancel the dismissal order which is taken out to the verdict of not guilty as at the time of the publication of this order, it was accepted legally according to regulations of the labor law.

Recovery rehabilitated in the rights is made owing to the pronounced verdict of not guilty or other procedural document on rehabilitation and in the terms established by Art. 134 of the Code of Criminal Procedure of the KR.

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