LAW OF THE KYRGYZ REPUBLIC

of July 27, 1998 No. 113

About assistance of employment of the population

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 30, 1998

Chapter I. General provisions

Article 1. Main objective of this Law

Main objective of this Law is legal regulation of assistance on employment and rendering social support to the jobless citizens and persons who are looking for work through bodies of public service of employment of the population.

Operation of this Law extends to citizens of the Kyrgyz Republic, foreign citizens and stateless persons if other is not provided by the laws or international treaties of the Kyrgyz Republic.

Article 2. The basic concepts used in this Law

Jobless citizens are the citizens at working-age registered in bodies of public service of employment of the population as not having work or activities equated to employment and also the persons interested to find work and ready to start it.

The citizens who are looking for work - the able-bodied citizens who are looking for (new) work and capable to start it. They can be both are registered, and not registered in bodies of public service of employment of the population for the purpose of search of suitable work.

Active measures of assistance of employment of the population - the measures designed to promote renewal of employment of jobless citizens and to expansion of their opportunities to find a job. Such measures are among: assistance in job search, professional training and retraining of unemployed population, assistance of self-employment, support of activities of the companies of small and medium business and other types of initiatives of assistance of employment of the population.

Social support of jobless citizens:

1) rendering services in assistance of employment of the population;

2) payment of public welfare payments for unemployment and grants in case of professional training and retraining of jobless citizens;

3) provision of financial support to the jobless citizens wishing to be engaged in business activity.

Basic unemployment benefit - the minimum size of unemployment benefit which is established by General Court of Jogorku Kenesh of the Kyrgyz Republic in case of approval of the republican budget of the Kyrgyz Republic the forthcoming year.

Unemployment benefit - the temporary material support guaranteed by the state given from Fund of assistance of employment and training officially to registered unemployed persons in citizens.

Labor mediation - assistance to citizens of the Kyrgyz Republic in case of employment from bodies of public service of employment of the population and other organizations. Labor mediation assumes implementation of the professional and organizational activity aiming at matching of workplaces for the citizens who are looking for work (including the unemployed).

Employment is any unrepugnant to the legislation of the Kyrgyz Republic the activities of citizens connected with satisfaction their personal and public needs, which are bringing in them the income (earnings).

Temporary employment (work) - the casual work performed on the agreement during the limited period of time.

Independent employment - kind of business activity of the persons performing own business and providing themselves with work.

Suitable work - work which the citizen is capable to carry out, corresponding to floor, education, professional training, work experience, the state of health, slightly remote from the residence (no more than one hour) and guaranteeing the salary not below officially the established level of minimum wage.

The employer - the organization (legal entity) or the physical person providing citizens with workplaces.

Educational institution - the organization having the right to be engaged in training of the population in the direction of bodies of employment service and undergone competitive selection on training of jobless citizens.

Article 3. The employment of citizens and activities equated to employment

Citizens treat occupied population:

- working according to the employment contract (contract), including performing work for remuneration on the terms of complete or part-time, and also having the paid work confirmed with the relevant agreement (contract), the agreement, but temporarily unoccupied in connection with disease, leave, temporary suspension of production;

- independently providing themselves with work, including entrepreneurs of small and medium business, persons occupied with business activity without formation of legal entity, members of production cooperatives, farmers and members of their families which received the parcels of land of agricultural purpose the size 0,05 of hectare of the irrigated lands and participating in production of agricultural products suffices;

- the passing military service, and also service in law-enforcement bodies, homeland security, organizations and bodies of criminal and corrective system, the Public fire service, except persons passing alternative (extra army) service;

- the pupils of comprehensive schools, professional initial and average educational institutions, students of professional higher educational institutions taking internal training course;

- occupied in public non-profit organizations and organizations of cult which activities do not contradict the legislation of the Kyrgyz Republic;

- the elite appointed or approved to paid position in state governing bodies;

- being in places of detention.

Article 4. Criteria of non-recognition of citizens by the unemployed

Citizens cannot be recognized as the unemployed:

- not reached 16-year age;

- pensioners who according to the pension legislation of the Kyrgyz Republic are granted pension, except the citizens receiving disability pension of III group;

- the populations which refused within 10 days from the date of their registration in bodies of public service of employment from two options of suitable work and for the first time looking for work and not having professions (specialties) - in case of two refusals of receipt of professional training or the offered suitable work;

- not been without valid excuse within 1 month from the date of their registration for the purpose of search of suitable work in bodies of public service of employment of the population for the offer it suitable work;

- convicts by a court decision to social jobs.

Citizens to whom it is in accordance with the established procedure refused recognition by their unemployed have the right to the repeated appeal to bodies of public service of employment of the population in two months for the solution of question of recognition by their unemployed.

Article 5. The state bodies helping employment of the population

The state body developing policy of assistance of employment of the population is the Ministry of Labour and Social Protection of the Kyrgyz Republic realizing such policy through bodies of public service of employment of the population.

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