Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of January 13, 2006 No. 4

About external labor migration

(as amended on 24-07-2020)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 14, 2005

This Law establishes procedure for departure of citizens of the Kyrgyz Republic for employment abroad, attraction of foreign labor power to the Kyrgyz Republic both determines precepts of law of protection and regulates procedure of activities of migrant workers.

Chapter I. General concepts

Article 1. The basic concepts and terms used in this Law

The migrant worker - the person having the settled status and who is engaged in labor activity in the state which citizen it is not.

External labor migration - voluntary departure legally citizens of the Kyrgyz Republic out of its limits, and also entrance of foreign citizens and stateless persons on the territory of the Kyrgyz Republic for the purpose of implementation of labor activity by them.

Pendular (border) labor migration - regular departure of citizens of the Kyrgyz Republic on the territory of the adjacent state and entrance of citizens of the adjacent state on the territory of the Kyrgyz Republic for the purpose of implementation of labor activity on condition of permanent residence in the territory of the state of departure.

Employer - physical person or legal entity which employs or performs the activities on the terms of the employment contract (contract) or the civil contract for performance of works (rendering services) in the state of employment.

The sender - the physical person or legal entity which is engaged in the activities connected with the direction of citizens of the Kyrgyz Republic for implementation of labor activity by them abroad.

Labor activity - hired labor, other paid work, and also the activities other than work for hire providing means for existence of the worker working, as a rule, independently or together with members of the family based on the contract, the agreement or quota for attraction and use of labor power or independently according to the legislation of the state and also the signed international treaties which became effective in the procedure established by the legislation of the Kyrgyz Republic.

Illegal labor migration - implementation of labor and professional activity in the Kyrgyz Republic foreign persons and stateless persons with violation of procedure and the rules of employment established by the national legal system.

The illegal migrant worker - person who broke procedure and rules of employment established by the national legal system concerning foreign citizens and stateless persons.

The border migrant worker - the citizen of the border state keeping the permanent residence in the adjacent state in relation to which the visa-free regime according to the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic is effective, periodically driving to the Kyrgyz Republic for the purpose of implementation of individual labor activity and returning to the adjacent state at least once during effective period of visa-free regime.

The state of departure - the state in the territory of which the migrant worker lives constantly and which leaves to other state for the purpose of implementation of labor activity.

The state of employment - the state in which the migrant worker is engaged in labor activity.

Family members - person who is married to the migrant worker and also the children and other persons who are in its dependence who are recognized family members according to the legislation of the state of employment.

The settled status - availability of permission to stay and implementation of paid labor activity in the territory of the state of employment according to the legislation of the state of employment.

Quota for attraction and use of foreign labor power in the Kyrgyz Republic - the extreme number of the foreign citizens or stateless persons arriving to the territory of the Kyrgyz Republic for the purpose of implementation of labor activity depending on market situation of work of the Kyrgyz Republic.

The highly qualified foreign specialist - the foreign citizen or the person without citizenship having the higher education, work experience, skills and achievements in specific sphere of activity if conditions of attraction them to labor activity in the Kyrgyz Republic correspond to the criteria determined by the Government of the Kyrgyz Republic.

The foreign specialist - the foreign citizen or the stateless person attracted by the employer and having the corresponding education, necessary qualification for implementation of labor activity.

The foreign individual entrepreneur - the foreign citizen or the stateless person performing individual business activity without formation of the organization on the basis of the patent granted by body of Tax Service of the Kyrgyz Republic.

Article 2. State policy of the Kyrgyz Republic in the field of external labor migration

State policy of the Kyrgyz Republic in the field of external migration is directed to achievement of the following purposes:

- regulation of processes of external labor migration;

- satisfaction of need of the labor market of the Kyrgyz Republic for necessary labor power, forming of its rational and balanced structure for the purpose of increase in efficiency of economy;

- providing the priority right of citizens of the Kyrgyz Republic to occupation of vacant workplaces in the national labor market;

- prevention and prevention of illegal external labor migration;

- ensuring legal and social protection of migrant workers;

- rendering assistance in establishment of quotas of other states on attraction and employment of citizens of the Kyrgyz Republic abroad;

- protection of interests of citizens of the Kyrgyz Republic in case of accession to the international acts in the field of labor migration;

- forming of the database about vacant positions in the labor market, possibility of the organization of labor activity of citizens of the Kyrgyz Republic abroad and permanent informing the population of the Kyrgyz Republic through the state networks of mass media.

State policy of the Kyrgyz Republic in the field of external labor migration is based on the following principles:

- commitment to the commonly accepted rules of international law in the field of human rights and social protection of migrant workers;

- respect for national interests in case of development and implementation of actions in the field of external labor migration.

Article 3. Scope of this Law

Operation of this Law extends to state bodies, business entities irrespective of patterns of ownership, including the persons registered in the Kyrgyz Republic as individual entrepreneurs and performing business activity without formation of legal entity, who are engaged in the activities connected with the direction of citizens of the Kyrgyz Republic for implementation of labor activity by them abroad, attraction and use of foreign labor power in the Kyrgyz Republic (further - business entities), and also migrant workers and members of their families.

This Law is not applied to foreign citizens and stateless persons:

a) received the status of the refugee or political asylum in the territory of the Kyrgyz Republic;

b) constantly living in the territory of the Kyrgyz Republic;

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