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LAW OF THE KYRGYZ REPUBLIC

of August 3, 2015 No. 214

About assistance of employment of the population

(as amended on 15-04-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 24, 2015

Chapter 1. General provisions

This Law determines legal, economic and organizational basis of state policy of assistance of employment of the population, including guarantee of the state by realization of constitutional rights of citizens of the Kyrgyz Republic on work and social protection from unemployment.

Article 1. The legislation of the Kyrgyz Republic in the sphere of assistance of employment of the population

1. The legislation of the Kyrgyz Republic on assistance of employment of the population is based on the Constitution of the Kyrgyz Republic and consists of this Law, other regulatory legal acts adopted according to this Law, and which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.

2. The legislation regulations containing in other laws and other regulatory legal acts and concerning field of activity of this Law shall correspond to this Law.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the unemployed are the citizens at working-age who do not have the work or activities equated to employment, earnings (income) the persons interested to find suitable work and ready to start it;

2) temporary employment - the casual work performed on the agreement during the certain period of time;

3) flexible work arrangements - the forms of use of labor power based on application of non-standard conditions of employment of workers (part-time, shift method and others);

4) 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 the populations both registered, and not registered in employment service for the purpose of search of suitable work;

5) employment - any, the labor activity of citizens which is not contradicting the legislation of the Kyrgyz Republic connected with satisfaction their personal and public needs bringing in them the income (earnings);

6) active measures of assistance of employment - the measures of the state support of citizens of the Kyrgyz Republic from among the unemployed and the population which is looking for work performed by authorized state body according to the procedure, established by the Government of the Kyrgyz Republic;

7) paid social jobs - the types of labor activity organized by executive bodies of local self-government and employers together with bodies of public service of employment, which are not requiring preliminary professional training of the jobless citizen, having socially useful focus and carried out by citizens in the direction of bodies of employment service for providing them with temporary employment;

8) body of public service of employment - the state body realizing policy of assistance of employment and providing services in the sphere of employment;

9) the official unemployed are the citizens at working-age registered in bodies of public service of employment of the population as not having works or the activities equated to employment, earnings (income) and also the persons interested to find suitable work and ready to start it;

10) suitable work - the work which the citizen is capable to carry out corresponding by training, qualifications, to professional training, work experience, the state of health, slightly remote from the residence or from the place of stay (no more than one hour of driving) and guaranteeing the salary not below the established level of minimum wage;

11) unemployment benefit - type of the guaranteed support of jobless citizens in the amount of, established by the Government of the Kyrgyz Republic;

12) professional training and retraining - professional training, advanced training and retraining of jobless citizens for increase in their competitiveness in the labor market;

13) the worker - the capable physical person who entered employment relationships with the employer;

14) the employer - the physical or legal entity who entered employment relationships with the worker;

15) the labor market - the mechanism which is bringing together together the employer (demand) and labor power (offer);

16) independent employment - kind of labor activity of the persons performing own business and providing themselves with work;

17) labor mediation - assistance to the population in employment rendered by bodies of public service of employment, and also the legal entities and physical persons which are engaged in employment of citizens;

18) authorized state body of the Kyrgyz Republic in the field of assistance of employment of the population (further - authorized state body) - the state body developing and realizing policy of assistance of employment of the population in the territory of the Kyrgyz Republic;

19) educational institution - the organization having the right to be engaged in educational activities, and also which underwent competitive selection on training of jobless citizens;

20) ceased to be valid according to the Law of the Kyrgyz Republic of 30.03.2018 No. 33

21) the check for training - the coupon completed by bodies of public service of employment for the unemployed staying on the registry for independent search and the choice of educational institution irrespective of the location of educational institution, with indication of certain amount of money as the guaranteed payment to educational institution for training of the unemployed.

Article 3. Employment of citizens

To busy citizens, and also to citizens whose activities are equated to employment, belong:

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

2) holding the state or municipal position in the state, municipal body and performing on permanent basis for the monetary reward professional activity;

3) independently providing themselves with work, including entrepreneurs of small and medium business, citizens occupied with business activity without formation of legal entity;

4) occupied in household with performance of works on production of goods and services, including production and conversion of products rural, forestry, hunting, fishery if the made products are intended for realization in the market, and also working in production cooperatives, peasant farms and the members of their families who received the parcels of land of agricultural purpose the size is at least 0,05 of hectare of the irrigated lands and participating in production of agricultural products;

5) the performing works on agreements of civil nature which objects are performance of works and rendering services;

6) the passing military service, and also service in law-enforcement bodies, homeland security, customs authorities, organizations and bodies of criminal and corrective system, fire service, except for persons passing alternative service;

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