LAW OF THE KYRGYZ REPUBLIC

of July 25, 2003 No. 154

About social partnership in the field of employment relationships in the Kyrgyz Republic

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 5, 2003

This Law establishes the legal basis of the organization, functioning, strengthening, development of system and the mechanism of social partnership in the field of employment relationships in the Kyrgyz Republic for the purpose of regulation of the social and labor and related economic relations and achievement of public consent.

Article 1. The basic concepts used in this Law

Acts of social partnership - the collective agreements and agreements governing the social and labor relations.

Voided.

Voided.

The organization - any legal entity, irrespective of pattern of ownership, created according to the civil legislation of the Kyrgyz Republic.

Voided.

Representatives of employers are employers and merging of employers, authorized to represent employers in social partnership and collective bargainings according to this Law and the labor law.

Employee representatives - the bodies of labor unions, their associations authorized on representation according to their charters and also other representatives workers of person and the organization created according to the legislation of the Kyrgyz Republic. The workers who are not members of labor unions can authorize labor unions on representation of the interests.

The representation of interests of workers is not allowed by the bodies created or financed by employers, bodies of the executive government and local self-government, political parties.

System of social partnership - set of measures of organizational, legal, economic nature in the sphere of the social and labor relations and permissions of the social and labor conflicts; the bodies created by social partners, both order of interaction and functioning of data of bodies.

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.

The parties of social partnership - workers (their representatives), employers (their representatives), public authorities of all structures of the Kyrgyz Republic (on the principles of tripartizm - the Cabinet of Ministers of the Kyrgyz Republic - labor unions - employers, beginning from ayyl okmota to the Cabinet of Ministers of the Kyrgyz Republic, in all structures of economic organizations irrespective of pattern of ownership). Social dialogue at the republican level is performed within the Republican tripartite commission on regulation of the social and labor relations.

Merging of employers - the non-profit organization uniting on voluntary basis of employers for representation of interests and protection of the rights of the members in relations with labor unions, other representative bodies of workers, public authorities and local government bodies.

Article 2. The legal basis of social partnership in the field of employment relationships

The legal basis of social partnership in the field of employment relationships (further - social partnership) the Constitution of the Kyrgyz Republic, the Labor code of the Kyrgyz Republic, the laws of the Kyrgyz Republic "About labor unions", "About non-profit organizations", "About associations of employers" constitute, this Law and other regulatory legal acts which cannot worsen situation of the parties of social partnership and their representatives in comparison with the international standards, and also the general agreement, industry and territorial agreements, collective agreements signed according to the labor law of the Kyrgyz Republic.

If the international treaties, including International Labor Organization Conventions which came in the procedure established by the law into force which participant is the Kyrgyz Republic, provide other rules establishing conditions, more favorable for workers, than provided by this Law, then rules of international treaties are accepted.

Article 3. Coverage of this Law

Operation of this Law extends to employers, their associations, irrespective of pattern of ownership, all employees of the organizations, irrespective of membership in labor unions, and their representative bodies, relevant organs of the executive government and local government bodies of the Kyrgyz Republic.

Article 4. Additional principles of social partnership

Social partnership is built on the basic principles provided by the labor law of the Kyrgyz Republic.

Act as the additional principles of social partnership:

1) tripartizm (obligatory participation of public authorities in social dialogue between labor unions and employers at the republican level, level of industry and profession);

2) the direction of social partnership on implementation and implementation of the international labor standards enshrined in conventions and recommendations of the International Labour Organization in the legislation of the Kyrgyz Republic;

3) autonomy of social partners, including in the choice of forms and procedure for self-organization, election of plenipotentiaries, and also inadmissibility of intervention of public authorities in the specified procedures;

4) equality of social partners and voluntary nature of agreements;

5) conscientiousness of social partners, including inadmissibility of blasting and discredit of negotiation line item of each other, full mutual informing the parties of social dialogue, publicity in the questions important for society or all workers, compliance of actions of social partners to the purposes declared by them, inadmissibility of evasion, ignoring and/or refusal of the beginning, continuation of negotiations or agreement signature on conditions on which will reach consensus, inadmissibility of restriction of legitimate labor rights and guarantees of workers in case of the conclusion of agreements between social partners;

6) publicity of activities of social partners at all levels of social partnership, obligation of the publication of texts of the made decisions and signed agreements at the republican, industry and territorial levels this about scope of workers by operation of signed agreements;

7) priority of maintenance or increase in social and labor standards in comparison with the existing labor law in case of the conclusion of agreements at all levels of social partnership;

8) obligation of execution of agreements and inadmissibility of unilateral refusal of undertaken obligations, harmony and adequacy of corrective actions of social partners concerning violators of agreements;

9) inadmissibility of discrimination and violence the against persons representing the interests of workers in social partnership at all levels;

10) social responsibility of employers;

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