of August 4, 2004 No. 106
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 25, 2004
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.
The main objectives of the labor law are legal regulation of labor and directly related relations:
on labor organization and management of work;
on employment at this employer;
on professional training, retraining and advanced training of personnel directly at this employer;
on social partnership between employers, workers and state bodies, local self-government, to conducting collective bargainings, the conclusion of collective agreements and agreements;
on 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;
on financial responsibility of employers and workers in the sphere of work;
on supervision and control of observance of the labor law (including the legislation on labor protection);
on permission of employment disputes.
The basic principles of legal regulation of labor and directly related relations are recognized:
- 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;
- freedom of work;
- prohibition of forced labor and discrimination in the sphere of employment legal relationship;
- prohibition of child labor in the worst forms;
- protection against unreasonable dismissal;
- providing the right to assistance of employment and on social protection from unemployment;
- providing right to work in the conditions meeting safety requirements and hygiene;
- providing the right to remuneration for work according to the employment contract, but not below the minimum wage established by the law;
- ensuring right to rest;
- providing the right to indemnification to health caused to the worker in connection with execution of labor obligations by it;
- assistance to professional development of the worker on production, training;
- providing the right to permission of individual and collective employment disputes according to the procedure, established by this Code and other legal acts;
- establishment of the state guarantees on providing the rights of workers and employers, implementation of the state supervision and control of their observance;
- providing right of each citizen to protection by the state of its rights and freedoms, including judicially;
- providing the right to consolidation, including the right to create labor unions and other representative bodies of workers for protection of the rights, freedoms and interests in the field of employment legal relationship and implementation of public control over their observance;
- providing the right of employers to consolidation for protection of the rights, freedoms and interests in the field of employment legal relationship;
- participation of associations of workers and employers in regulation of employment legal relationship.
The interstate agreements and other rules of international law ratified by the Kyrgyz Republic are the compound and directly operating part of the legislation of the Kyrgyz Republic.
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.
In case of contradiction between this Code and other laws containing the regulations worsening situation of workers regulations of this Code are applied.
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.
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.
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.
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.
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.
This Code, the laws and other regulatory legal acts containing regulations of labor right are obligatory for application in all territory of the Kyrgyz Republic for all employers (legal entities or physical person), irrespective of their forms of business and patterns of ownership.
When judicially it is determined that the agreement of civil nature actually governs employment relationships between the employer and the worker, provisions of the labor law are applied to such relations.
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.
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.
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.
This Code, the laws and other regulatory legal acts containing regulations of labor right do not extend to the following persons: the military personnel in case of execution of obligations 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 427 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 agreements 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. Are understood as law enforcement agencies - law-enforcement bodies, homeland security, on fight against economic crimes, criminal executive system, prosecutor's office, Customs Service, the bodies of Tax Service performing pre-judicial production.
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 law of the Kyrgyz Republic or the international treaty.
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 law or the international treaty of the Kyrgyz Republic.
The citizens of the Kyrgyz Republic who are employees of the organizations specified in part two of this Article in case of equal work have the right to equal pay along with foreign employees of such organizations.
This Code governs the employment relationships based on the employment contract and also the relations, connected:
- with professional training of workers and advanced training;
- with activities of labor unions or other representative bodies for protection of the rights of workers;
- with activities of associations of employers for regulation of the social and labor relations;
- with conducting collective bargainings, with the conclusion of collective agreements and agreements;
- with relations between workers (their representatives) and employers at the level of the organizations;
- with employment;
- with control and supervision of compliance with law about work, about labor protection;
- with consideration of individual and collective employment disputes.
Collective agreements, agreements, and also employment contracts do not may contain the conditions reducing the level of 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.
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.
Everyone has equal opportunities for realization of the labor rights and freedoms.
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.
Unequal payment for equal work is not allowed.
Establishment of distinctions, exceptions, preferences and restrictions which are determined by the requirements peculiar to specific type of work established by the law are not discrimination or are caused by special care of the state of persons needing the raised social and legal protection.
Persons considering that they underwent to employment discrimination had 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.
Forced labor, that is coercion to performance of work under the threat of application of any violent impact, is forbidden, except cases:
- performance of work which is caused by the legislation on conscription and military service or the alternative service replacing it;
- performance of work in the conditions of force majeure, that is in cases of the announcement of emergency or warlike situation, disaster or threat of disaster (the fires, floods, hunger, earthquakes, strong epidemics or epizooty), and also in other cases threatening life or normal vital conditions of all population or its part;
- 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.
Use of child labor in the worst forms is forbidden.
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.
The law or other regulatory legal act containing regulations of labor right stops the action in communication:
- from the expiration of its action;
- with entry into force of other act of equal or highest legal force on the same question;
- with cancellation (recognition invalid) this act the act of equal or highest legal force.
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.
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.
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.
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.
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.
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.
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.
Employment relationships between the worker and the employer arise based on the employment contract signed by them according to this Code.
In cases and according to the procedure, the established by the law, other regulatory legal act or the charter (provision) of the organization, employment relationships arise based on the employment contract and other acts preceding the conclusion of the agreement:
- electing (elections) to position;
- elections on tender on replacement of vacant position;
- position assignments or approvals in position;
- job placements the bodies authorized by the law on account of the established quota;
- judgment on execution of an employment agreement;
- the actual assumption to work from permission or at the request of the employer or his representative, irrespective of whether the employment contract was drawn properly up.
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).
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.
Employment relationships arise based on the act of position assignment or of approval in position and the employment contract in the cases provided by the law, other regulatory legal act or the charter (provision) of the organization.
The parties of employment relationships are the worker and the employer.
The worker - the physical person who entered employment relationships with the employer.
Person which reached 16 years can be the worker. In exceptional cases, in coordination with representative body of employees of the organization or authorized state body in the sphere of work, persons which reached 15 years can be employed.
The pupils who reached 14 years can sign the employment contract from written consent of one of parents (the guardian, the custodian) or guardianship and custody body, for accomplishment in non-study time of the easy work which is not doing harm to health and not breaking training process.
The consent of parents (the guardian, the custodian) is given in writing (statement), at the same time parents (the guardian, the custodian) along with the minor sign the employment contract.
The employer - the physical person or the legal entity (organization) who 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.
The rights and obligations of the employer in employment relationships are performed: the physical person which is the employer; governing bodies of the legal entity (organization) or persons authorized by them according to the procedure, established by the laws, other regulatory legal acts, constituent documents of the legal entity (organization) and local regulations. According to obligations of the organizations financed fully or partially by the owner (founder) following from employment relationships, subsidiary responsibility is born by the owner (founder) in the procedure established by the law.
The worker has the right:
- on the conclusion, change and termination of the employment contract according to the procedure and on the conditions provided by this Code, other laws;
- on provision to it work and the salary caused by the employment contract;
- on the workplace protected from impact of harmful and dangerous factors on information on condition of conditions and requirements for labor protection on workplace;
- on timely and in full salary payment according to the qualification, quantity and quality of the performed work;
- on idle time payment not on the fault - in the amount of, not below determined by this Code;
- on the rest provided with limiting establishment of duration of working hours, short working day for number of professions, works and separate employee categories, provision of the weekly days off, non-working holidays, and also annual paid leaves;
- on consolidation, including the right to create labor unions and other representative bodies of workers for protection of the interests;
- on conducting collective bargainings and the introduction in collective agreements through the representatives;
- on professional training, retraining and increase in the qualification according to the procedure, provided by this Code and other regulatory legal acts;
- on indemnification to health, caused to it in connection with execution of labor obligations;
- on compulsory social insurance in the cases provided by the laws of the Kyrgyz Republic;
- on provision of guarantees and compensations established by the laws and other regulatory legal acts;
- on protection of the labor rights and freedoms with use of the methods provided by the laws including the right to judicial protection.
The worker shall:
- to honesty fulfill the labor duties assigned to it by the employment contract;
- follow employment policies and procedures of the organization;
- carry out the established work regulations;
- observe requirements for labor protection and safety of production;
- make thrifty use of property of the employer and workers;
- not disclose the data entrusted it according to the employment contract which are the state, official, trade secret;
- report to the employer about the arisen situation posing threat of life and to human health, safety of property of the employer and workers and also about emergence of idle time.
The employer has the right:
- conclude, change and dissolve employment contracts with workers according to the procedure and on the bases which are established by this Code, other laws;
- adopt the local regulations directed to labor organization;
- conduct collective bargainings and sign collective agreements;
- create and enter associations of employers for the purpose of representation and protection of the rights and interests;
- encourage workers;
- demand from workers of accomplishment of conditions of the employment contract and the labor schedule existing in the organization;
- involve workers to disciplinary and financial responsibility according to the procedure, established by this Code, other laws;
- take a legal action for the purpose of protection of the rights and interests.
The employer shall:
- observe the laws and other regulatory legal acts, local regulations, conditions of the collective agreement, agreements and employment contracts;
- provide to the worker the work caused by the employment contract;
- provide to workers equal pay for work of equal value;
- timely and in complete size to pay to the worker the salary;
- adopt in accordance with the established procedure the local regulations directed to labor organization (provisions, instructions, orders) and other acts necessary for normal work of the organization;
- provide to employee representatives information necessary for conducting collective bargainings, the conclusions of collective agreements, and also control of their accomplishment;
- conduct collective bargainings, and also sign the collective agreement according to the procedure, established by this Code;
- ensure in the organization labor safety and conditions meeting the requirements of protection and occupational health;
- provide workers with the equipment, tools, technical documentation and other means necessary for execution of labor obligations by them;
- to timely carry out instructions of the state supervisory and regulatory authorities, and also to pay the penalties imposed for violation of the laws, other regulatory legal acts containing regulations of labor right;
- perform compulsory social insurance of workers according to the procedure, established by the laws;
- compensate the harm done to workers in connection with execution of labor obligations by them and also compensate moral harm according to the procedure and on conditions which are established by this Code, the laws and other regulatory legal acts;
- to monthly represent to public service of employment of the data on availability of free workplaces (vacancies) with indication of conditions and compensation;
- fulfill other duties provided by this Code, the laws and other regulatory legal acts containing regulations of labor right, the collective agreement, agreements and employment contracts.
Subjects of individual employment relationships are:
- worker;
- employer.
Subjects of collective employment relationships are:
- representative body of workers (labor union, joint representative body, council of workers and others);
- merging of employers;
- other subjects in the cases provided by the laws.
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.
Public authorities and local self-government are the parties of social partnership when they act as employers or their representatives according to the legislation or power of employers.
The basic principles of social partnership are:
equality of participants;
respect and accounting of interests of the parties;
interest of the parties in participation in contractual relations;
assistance of the state in strengthening and development of social partnership on democratic basis;
observance by the parties and their representatives of the laws and other regulatory legal acts;
polnomochnost of agents of the parties;
liberty of choice in case of discussion of the questions falling within the scope of work;
voluntariness of acceptance on the parties of obligations;
reality of the obligations assumed by the parties;
obligation of accomplishment of collective agreements, agreements;
control over the implementation of the accepted collective agreements, agreements;
responsibility of the parties, their representatives for failure to carry out on their fault of collective agreements, agreements.
The parties of social partnership are workers and employers on behalf of the representatives authorized in accordance with the established procedure.
The system of social partnership includes the following levels:
the republican level establishing bases of regulation of the relations in the sphere of work in the Kyrgyz Republic;
the industry level establishing bases of regulation of the relations in the sphere of work in industry (industries);
the territorial level establishing bases of regulation of the relations in the sphere of work in the municipality;
the level of the organization establishing specific cross liabilities in the sphere of work between workers and the employer.
Social partnership is performed in forms:
collective bargainings on preparation of drafts of collective agreements, agreements and their conclusion;
mutual consultations (negotiations) concerning regulation of employment relationships and other directly related relations, providing guarantees of labor rights of workers and enhancement of the labor law;
participations of employee representatives and employers in pre-judicial permission of employment disputes.
Features of application of regulations of this Section to government employees, workers of military and the militarized bodies and the organizations, law enforcement agencies and diplomatic representations of the Kyrgyz Republic are established by legal acts.
Representatives of employer to carrying out collective bargainings, the conclusion or change of the collective agreement are the head of the organization or persons authorized by the employer according to this Code, the laws, other regulatory legal acts, constituent documents of the organization and local regulations.
During the carrying out collective bargainings, the conclusion or change of agreements, permission of collective employment disputes concerning their conclusion or change, and also when forming and implementing activities of the commissions on regulation of the social and labor relations the interests of employers are represented by the corresponding associations of employers.
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.
Features of legal status of merging of employers are established by the law.
Employee representatives in social partnership are: labor unions and their associations, other representatives elected by workers in the cases provided by this Code.
Interests of employees of the organization during the carrying out collective bargainings, the conclusion and change of the collective agreement, control of its accomplishment, consideration of employment disputes of workers with the employer are represented by primary trade-union organization or other representatives elected by workers.
Interests of workers when carrying out collective bargainings about the conclusion and about change of agreements, permission of collective employment disputes concerning the conclusion or change of agreements, control of their accomplishment, and also when forming and implementing activities of the commissions on regulation of the social and labor relations represent the relevant labor unions, their territorial organizations, merging of labor unions and merging of the territorial organizations of labor unions.
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.
Labor unions have the right to represent the interests of workers through governing bodies of the organization (board, the board of directors, the supervisory board).
The workers who are not members of the labor union having the right on contractual conditions to authorize body of primary trade-union organization to represent their interests in relations with the employer.
In case of absence in the organization of primary trade-union organization, and also in the presence of the trade-union organization uniting less than a half of workers on general meeting (conference) workers have the right on contractual conditions to charge representation of the interests to the specified trade-union organization or other representative.
Availability of other representative bodies of workers cannot be obstacle for implementation of the powers by the trade-union organization. Powers of labor unions cannot be substituted or duplicated by other representative bodies of workers.
Employee representatives have the right:
- conduct collective bargainings, sign collective agreements with the employer, control their accomplishment;
- participate in the solution of questions of social and economic organization development in the cases provided by agreements and the collective agreement;
- participate in development of local regulations of the organization in the cases provided by the labor law;
- exercise public control over observance in the organization of the labor law;
- to freely visit in accordance with the established procedure workplaces, to receive from the employer necessary data for implementation of public control;
- act as the employee representative in collective employment dispute;
- represent the interests of workers in bodies for consideration of individual employment disputes, and also appear in court the claimant;
- appeal in court of the decision of the head of the organization and persons authorized by it if they contradict the labor law;
- announce and stop strike according to the procedure, provided by the laws.
Employee representatives have other rights according to the laws, charters and regulations on these bodies.
The employer shall create the conditions providing activities of employee representatives according to this Code, the laws, the collective agreement, agreements in realization of the rights granted to them:
- before decision making, the workers infringing on interests to hold consultations with employee representatives in the cases provided by this Code, the laws, the collective agreement, agreements;
- to timely consider proposals of employee representatives and to motivated report to them about the made decisions;
- provide to employee representatives necessary information on questions of work, other social and economic problems;
- carry out other obligations in relation to employee representatives provided by this Code, the collective agreement, agreements.
Off-duty time on the conditions provided by agreements, the collective agreement is provided to the employee representatives who are not exempted from production work for accomplishment of public duties.
Former work (position) is provided to the workers exempted from production work owing to election on elective offices in representative bodies of workers after the termination of their elective powers, and in case of its absence - other equivalent work (position) in the same organization.
Dismissal at the initiative of the employer of members of representative bodies of workers, except cases of liquidation of the organization (Item 1 of Article 83 of this Code) is allowed in addition to observance of general procedure for dismissal only with the consent of the relevant higher representative body of workers.
For ensuring regulation of the social and labor relations, conducting collective bargainings and preparation of drafts of the collective agreement, agreements, their conclusions, and also for the organization of control over the implementation of the collective agreement and agreements at all levels on equal basis according to the decision of the parties are formed commissions of the agents of the parties given necessary authority.
At the republican level the permanent Republican tripartite commission on regulation of the social and labor relations which is created of representatives of the Government of the Kyrgyz Republic, republican merging of employers and labor unions is formed.
At the territorial level the tripartite commissions on regulation of the social and labor relations which activities are performed according to the law, regulations on these commissions approved by representative bodies of the executive government or local self-government can be formed.
At the industry level the commissions for conducting collective bargainings, preparation of drafts of industry agreements and their conclusion can be formed. The industry commissions can be formed both at the republican level, and at the territorial level.
The agreements providing complete or partial financing from budgets of all levels consist with the obligatory participation of representatives of relevant organs of the executive authority and local government bodies which are the agreement party.
At the level of the organization the commission for conducting collective bargainings, preparation of the draft of the collective agreement and its conclusion is formed.
The principles of conducting collective bargainings are:
- equality and respect of interests of the parties;
- liberty of choice in discussion of the questions constituting contents of the collective agreement, agreements;
- voluntariness of adoption of obligations by the parties;
- compliance with law about work.
Employee representatives and employers participate in collective bargainings on preparation, the conclusion and change of the collective agreement, agreement and have the right to show initiative of carrying out such negotiations.
The party which received the written notice of the beginning of negotiations shall begin negotiations in seven-day time. Any of the parties has no right to refuse conducting collective bargainings.
Bargaining agents are free in the choice of consideration of questions of regulation of the social and labor relations.
In the presence in the organization of two and more primary trade-union organizations or other representative body of workers they create single representative body for conducting collective bargainings, development of the single draft of the collective agreement and its conclusion. Forming of single representative body is performed on the basis of the principle of pro rata representation depending on the number of members of labor union and other representative body. At the same time the representative shall be determined from each representative body of workers.
If the single representative body is not created within 5 calendar days from the moment of the beginning of collective bargainings, then the representation of interests of all employees of the organization can perform primary representative body of employees of the organization uniting more than a half of workers.
If any of primary representative bodies of employees of the organization does not unite more than a half of workers, then general meeting (conference) of workers secret vote determines primary representative body of the organization which is entrusted with the forming of representative body.
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