Bishkek
October 4, 1997, # 70
LABOR CODE OF THE KYRGYZ REPUBLIC
(As amended by the Law of the Kyrgyz Republic dated
June 25, 1998 # 82, October 31, 1998 # 138, November 14, 2001
# 90, January 5, 2002 # 2, January 8, 2002 # 3, June 22, 2002 # 109,
October 16, 2002 # 144, February 19, 2003 # 42)
SECTION I.
Chapter I.
Chapter II.
THE GENERAL PART
General provisions
Collective labor relationships in the sphere of
labor
1.
Trade unions
2.
Associations (amalgamations) of employers
Chapter III.
Representation of employees and employers.
A working collective
Chapter IV.
A collective contract
Chapter V.
A collective agreement
Chapter VI.
Settlement of collective labor disputes (conflicts)
SECTION II.
THE SPECIAL PART
Chapter VII.
Origination, amendment and termination of labor
relationships
1.
A labor contract
2.
Amendment of the terms of the labor contract
3.
Cessation of labor relationships
Chapter VIII. Business hours
Chapter IX.
Breaks during business day; days off and holidays
Chapter X.
Labor and social leaves
1.
Labor leaves
2.
Social leaves of employees
Chapter XI.
Wages
Chapter XII.
Guarantees and compensatory payments
1.
Guarantees and compensatory payments for a business
trip
2.
The guarantees and compensatory payments in the
event of moving to another locality for work
3.
The guarantees and compensatory payments
conditioned by a special character of work
4.
Other types of guarantees and compensatory payments
Chapter XIII. Labor discipline
Chapter XIV.
Labor safety
Chapter XV.
Women's labor
Chapter XVI.
Labor of youth
Chapter XVII. Professional training of employees. Skill upgrading
and retraining
1.
Professional training of employees
2.
Upgrading of professional skills and retraining
3.
Combining work with studies/training
Chapter XVIII. Individual labor disputes
1.
Settlement of labor disputes
2.
Settlement of labor disputes of certain categories
of employees
Chapter XIX.
Liability of employees and employers. Supervision
and control over observance of the labor
legislation
1.
Financial liability of the parties in a labor
contract
2.
The responsibility of an employer for the damage to
the health, for the injury, or for the death of an
employee in the course of fulfillment of labor
responsibilities by the employee
3.
The liability of an employer for non-observance of
the legislation on labor
4.
Supervision and control over observance of the
labor legislation
SECTION III.
THE SPECIAL FEATURES OF REGULATION OF THE LABOR OF
PARTICULAR CATEGORIES OF EMPLOYEES
Chapter XX.
Regulation of the labor of employees in particular
branches
Chapter XXI.
Legal regulation of the scientific activity of
employees
Chapter XXII. Regulation of the labor of the employees under
special labor contracts (the advanced
responsibility contracts)
1.
The labor of temporary employees
2.
The labor of seasonal employees
3.
The labor of the disabled
4.
The labor of employees with short business hours
5.
Other forms of legal regulation of the labor of
employees
Chapter XXIII. Regulation of the labor of employees of the
enterprises (organizations, business entities) with
non-state ownership structure
Chapter XXIV. Regulation of the labor relationships and of the
relationships connected with them on joint ventures
and foreign companies, and in diplomatic
representations of foreign countries
Chapter XXV.
Legal provisions on employment and unemployment
1.
Employment
2.
The social guarantees to the unemployed
3.
Professional training, upgrading of professional
skills, and retraining of the unemployed
4.
The additional (special) guarantees to particular
categories of employees
This Labor Code of the Kygyz Republic determines the basic principles of the state policy in the sphere of labor relationships in
compliance with the Constitution of the Kyrgyz Republic. The state policy in this area shall aim at development of the conditions which will
enable an employed person and their family to achieve through labor
sufficiently high living standards. This Labor Code provides the state
guarantees of labor rights of citizens and aims at providing adequate
protection of the interests of employees, of employers, and of the State.
SECTION I
THE GENERAL PART
Chapter I
General provisions
Article 1. The basic terms used in this Labor Code
1. The terms used in this Labor Code shall define the following:
legislation on labor (labor legislation, legislative acts) - legislative and other regulatory acts adopted by the bodies of state governance and administration within their jurisdiction;
an employee - a person who must perform their personal labor activities in compliance with instructions given to them; such activities
may be contractually or verbally agreed with an enterprise or another
production organization which the employee joins on a voluntary basis;
an employer - an enterprise, an agency, an organization, a company, a partnership, or a cooperative regardless of names and types of
ownership (their association (amalgamation) or a separate subdivision),
an entrepreneur who carries out their activities without forming a legal entity; a citizen who, in accordance with the existing legislation,
has the right to enter into a labor contract with employees and to cancel such contract;
an authorized official of an employer - the first official in authority of an enterprise, of an agency, or of an organization (his deputies), the head of a structural subdivision (his deputies), a foreman,
a specialist, or any other employee authorized by the legislation or by
the employer to take all or particular decisions ensuing from the labor
relationships and/or from the relationships connected with them;
an enterprise - an economic unit of any ownership structure which
produces or sells goods or services; a group of enterprises in cases
where at least one of the enterprises is dependent on the other enterprise (the parent enterprise);
a trade union or another representative body of employees - a union of employees based on the principle of voluntary participation which
represents the professional interests of its members; such union has
democratic structures; it is not dependent on employers or on any union
of employers, nor is it dependent on the State;
a union of employers - an association (amalgamation) of employers
based on the principle of voluntary membership, independent from trade
unions or from other representative bodies of employees, from unions of
such bodies, and/or from the State.
The purpose of the union of employers is to represent the interests of employers to the trade unions or to other representative bodies of employees.
2. Other terms will be defined in the corresponding Chapters of
this Labor Code.
Article 2. Purposes of the Labor Code
The purposes of the Labor Code are as follows:
1) to define and protect legal rights of an employee in their financial and other interests;
2) to develop social partnership among employers (associations
(amalgamations) of employers), employees (associations (amalgamations)
of employees), and state authorities;
3) to prevent unemployment and establish adequate conditions for
involvement of the unemployed in the labor process.
Article 3. Laws and other legislation on labor
1. The laws and other legislation on labor are as follows:
1) the Constitution of the Kyrgyz Republic;
2) this Labor Code;
3) the laws of the Kyrgyz Republic and other legal acts adopted in
compliance with such laws.
2. International treaties and other standards of the international
law ratified by the Kyrgyz Republic is a constituent and directly functioning part of the legislation of the Kyrgyz Republic.
3. In cases where the international treaties of the Kyrgyz Republic, the Pacts of the United Nations Organization (UN) on Human Rights,
or the Conventions of the International Labor Organization (ILO) establish the standards and rules which provide a better situation of an
employee than the situation provided by this Code and/or by other laws
on labor of the Kyrgyz Republic, the standards and rules of the corresponding international treaties, (UN Pacts on Human Rights and/or ILO
Conventions) shall apply.
Article 4. Agreements on labor
1. Agreements on labor are legal acts adopted by mutual consent of
the parties in labor relationships or by consent of the representative
bodies of such parties.
2. Agreements on labor may be as follows:
1) acts-agreements: general; branch (tariff); regional;
2) collective agreements/contracts;
3) labor contracts (advanced responsibility contracts).
Article 5. Relationships regulated by laws, by other legislation,
and by agreements on labor
1. Laws and other legislation, and agreements on labor shall regulate the labor relationships of any employee who works on the basis of
a labor contract.
2. The minimum scope of labor rights and guarantees to an employee
shall be determined by legislative acts.
3. Labor rights and/or guarantees additional to the labor rights
and guarantees provided by the legislative acts may be determined by
local legal acts on labor (collective agreements/contracts, bylaws, leave schedules, and/or orders, instructions and other regulatory acts
adopted in compliance with the established procedure and governing the
labor relationships and the relationships connected with them depending
on a particular employer.
4. Terms and conditions of labor agreements and contracts may not
be amended unilaterally unless otherwise provided by law. The issues
which are not regulated by legislative and other regulatory acts on labor shall be settled by consent of the parties in the agreements on labor, and in cases where the parties fail to reach the consent - in
compliance with the procedure established for settlement of labor disputes.
5. The terms and conditions of agreements on labor aggravating the
situation of an employee by comparison with the situation provided for
by the legislation shall be considered invalid.
Article 6. Application of laws and other legislation on labor, and
of agreements on labor to foreign citizens and
stateless persons, and to the citizens of the Kyrgyz
Republic working at the enterprises which belong
to foreign legal entities
1. Foreign
citizens and stateless persons who work at the enterp-
rises located within the territory of the Kyrgyz Republic shall be subject to the laws and other legislation on labor and to the agreements
on labor unless otherwise provided by the law of the Kyrgyz Republic or
by an international treaty in which the Kyrgyz Republic is a participant.
2. Citizens of the Kyrgyz Republic working at the enterprises
which wholly or partially belong to foreign legal entities or foreign
individuals and are located within the territory of the Kyrgyz Republic
shall be subject to the laws and other legislation in force in the Kyrgyz Republic unless otherwise provided by the legislation of the Kyrgyz
Republic.
Article 7. The field of application of the Labor Code
1. The Labor Code regulates the relationships arising in the process of utilization of hired labor.
2. Any employee or employer who performs their activities within
the territory of the Kyrgyz Republic shall be subject to the provisions
of the Labor Code.
3. In the event of application of any provision of the civil legislation which affects the sphere of application of the Labor Code as
far as the interests of an employee are concerned, the labor legislation provisions shall govern.
4. Particularities of application of the provisions of the Labor
Code to foreign citizens and to stateless persons are determined in Article 6 of this Code.
Article 8. Relationships regulated by this Code
The Labor Code regulates the relationships based on agreements on
labor as well as the relationships connected with:
1) the professional on-job training and upgrading of employees'
professional skills;
2) the activities of trade unions or of other representative bodies of the employees of an enterprise and the associations (amalgamations) of employers;
3) the entering into collective negotiations and/or into collective contracts and agreements;
4) the relationships between employees (their representatives) and
employers at the level of an enterprise;
5) the employment;
6) the control and supervision over the observance of the labor
legislation;
7) the settlement of labor disputes (individual or collective).
2. Labor relationships and the relationships connected to them based on the membership in a cooperative, in an enterprise, or in a partnership shall be governed by the Labor Code. The founding documents of
a cooperative, an enterprise, or a partnership may determine other issues (with the exception of the provisions which make the situation of
a member of such cooperative, enterprise, or partnership worse by comparison with the situation provided by the legislation on labor protection, on guarantees to women, to the disabled and/or to juveniles, and
on the charges and contributions to the social insurance, pension, and
employment assistance funds).
Article 9. Peculiarities of application of this Code to
the labor relationships and the relationships connected
with them between certain categories of citizens
The provisions of this Code shall apply to the labor relationships
and the relationships connected with them between the militaries as
provided by the special legislative acts regulating the relationships
in question.
Article 9-1. Peculiarities of application of this Code to the
labor relationships and the relationships related
thereto in the process of bankruptcy
1. This Code shall apply to the labor relationships and the relationships related thereto in the process of bankruptcy, if otherwise is
not stated by the Law of Kyrgyz Republic "On Bankruptcy (Insolvency)".
2. If the employer is pending the bankruptcy then all his employees, including directors and persons, who are in maternity leaves and
persons who are in child rearing leaves, or other persons specially
protected from the discharge shall be considered discharged from the
moment of the beginning of the process of bankruptcy, if the duly appointed special administrator does not decide to hire them on timly basis
and inform them on such desicion in writing. If the special administrator hires employees on timely basis, then the salary paid out to workers for the period of their time-based work shall be considered as the
expenditures of the special administrator.
3. If any employee is discharged because of bankruptcy of his employer both before and after the period of his employment, such employee
will have a right to obtain the salary indebtness which arose before
the beginning of the process of bankruptcy in the amount not exceeding
the salary of such employee for the recent 3 months.
This payment shall be made from the liquidation mass in accordance
with the Law of the Kyrgyz Republic "On bankruptcy (insolvency)" in the
second turn during the period which does not exceed 3 months. Other
non-paid amounts to the employee shall be paid out in the third turn
together with other non-secured creditors.
4. If the special administrator applies a procedure of restructurization pursuant to Article 55 of the Law of the Kyrgyz Republic "On
bankruptcy (insolvency)", then he may, upon consent of the employees,
transfer them into the newly created enterprise. In this case the newly
created enterprise shall not be considered a successor of the previous
enterprise with respect to his indebtedness and shall not have an obligation to pay out salary indebtedness to the employees.
Article 10. The relationships not to be subject to the provisions
of this Labor Code
1. The following relationships shall not be subject to the provisions of this Labor Code:
1) the relationships between the first official in authority of an
enterprise and the property owner (the agency authorized by such owner)
originating in the course of implementation of the business activities
by the first official provided that s/he has acquired the rights and
responsibilities on the basis of a contract with the property owner and
incurs the liability established for an entrepreneur in compliance with
the legislation on entrepreneurship;
2) the responsibilities of the members of a supervising council
and other councils (Management Boards) and of the inspecting bodies of
enterprises, companies and partnerships given that their activities do
not exceed the limits of execution of corresponding instructions;
3) the obligations arising on the basis of a contract of any
regulated by the Civil Code of the Kyrgyz Republic.
type
Article 11. Prohibition against labor discrimination
In compliance with the Constitution of the Kyrgyz Republic all citizens shall have the equal possibilities to exercise their labor
rights. No one must be limited in their labor rights or be privileged
in the exercise of such rights due to their sex, race, nationality,
language, property status, place of residence, religion, convictions,
membership in public organizations, or other circumstances irrelevant
of their professional capacities and the results of their work. A person convicted that s/he has suffered labor discrimination may apply to
court with a corresponding claim. The court upon acknowledgment of the
fact of discrimination as proved pronounces the judgment on removal of
the discrimination and on reimbursement of the financial expenses and
of the moral harm thus caused.
Article 12. Prohibition against forced labor
Forced labor, that is the
threat of any punishment shall
in cases of war, liquidation of
mics, or other emergencies, or
ce.
compulsion to perform work under the
be prohibited. Exception shall be made
the consequences of Acts of God, epidein the event of serving a court senten-
Article 13. The basic rights of employers
1. An employer's right of ownership as well as their free business
activity are guaranteed by Articles 16 and 19 of the Constitution of
the Kyrgyz Republic.
2. An employer may organize the labor process in accordance with
the current labor legislation.
3. An employer shall have the right to the results of the labor of
the employees except as provided by this Code or by other legislation
of the Kyrgyz Republic.
4. An employer may unite in associations (amalgamations) with other employers for the purpose of joint representation of their interests to a trade union or another representative body of employees and
to the State.
4. An employer may freely express their opinion within the enterprise and exercise other basic rights specified in Article 16 of the
Constitution of the Kyrgyz Republic. Along with this s/he must not violate the laws of the Kyrgyz Republic or prevent the employees from the
exercise of their basic rights or infringe them upon their interests.
Article 14. The basic rights of employees
1. Any citizen of the Kyrgyz Republic shall have the right to independent or non-independent labor activities. Any labor activity permitted may be chosen as a profession.
2. Independent labor activities of an employee shall include the
right to establish new enterprises, to participate in the existing enterprise, and to establish, in cooperation with other persons, cooperatives or similar organizations for deriving mutual profit.
3. Non-independent labor activities of an employee shall include
the right of free choice of a job in the event of a vacant job and the
right not to be placed in an unfavorable position due to insignificant
reasons in the event of the choice among several candidates. The intermediary services on employment provided by the State shall be charge-free.
4. The employees shall have the right to realize their potentials
in work. The organization of the labor process shall be oriented at the
expansion of the freedom of action of an employee, facilitation of the
realization of their creative potential, and avoidance of excessively
high demands with respect to an employee.
5. Employees may jointly discuss the decisions being taken at the
enterprise and express their opinions both inside and outside the enterprise which shall not cause the infringement of their interests, however, this does not apply to the actions subject to criminal liability
or to divulgence of trade secrets.
6. Scientists working as hired employees may, within the limits
set by the employer, determine the subject of their investigation and
take independent decisions on the methods to be applied in their research. A contract may limit the right of publication of the results of
their scientific work exclusively in case that such limitations are caused by forced reasons connected with the protection of the public interests or with the threat to the essential interests of the enterprise.
7. No one must be directly or indirectly limited in their rights,
nor may s/he be privileged due to their origin, nationality, race, sex,
religion, convictions, political or trade union activities, private life, or other private or social circumstances. Knowledge of a certain
language shall be taken into account only in case that such knowledge
is obligatory for the performance of particular functions.
8. Employees may join in trade unions or in other representative
bodies of the enterprise employees and join the existing organizations
in order to protect their interests.
The agreements attempted at the limitation or at the prevention
from such right shall be considered invalid, and the measures aimed at
such limitation or prevention - illegal.
9. Any employee may choose the trade representation of interests
in accordance with this Code. The legal status of such representation
shall be determined in compliance with this Code.
10. Trade unions or other representative bodies of the employees
of an enterprise may enter into collective negotiations with separate
employers, and/or groups of enterprises and associations (amalgamations) of employers. In accordance with this Labor Code the collective
contracts shall be considered binding.
11. The employees may take collective measures of influence including the right to strike in the event of a conflict of interests unless
it contradicts the obligations ensuing from a current contract.
Article 15. Calculation of the terms provided by this Labor Code
1. The term of origination or cessation of the labor rights and
responsibilities shall start on the calendar day which is considered
the date of beginning or cessation of the labor relationships.
2. The terms counted by years, months, and weeks shall cease on
the corresponding days of the last year, month, or week of the term.
The term counted by calendar weeks or calendar days shall include weekends.
3. In case that the last day of the term is a weekend, the day
proceeding it shall be considered the date of cessation of the term.
Chapter II
Collective labor relationships
in the sphere of labor
Article 16. The right of consolidation
1. Employees as well as employers may join and establish associations (amalgamations); no prior permission shall be required in this
case. They may also join such associations (amalgamations) provided
that they observe the charters of the associations (amalgamations) in
question.
2. In the course of the exercise of the right of consolidation the
employees, employers (their associations (amalgamations), and other
persons and organized collectives shall observe the legislation of the
Kyrgyz Republic.
Article 17. Associations (amalgamations) of employees or
of employers
1. The associations (amalgamations) of employers as well as the
associations (amalgamations) of employees may:
1) develop charters and bylaws;
2) freely elect representatives;
3) form the managerial bodies;
4) formulate the program of activities;
5) establish and join federations, confederations, or other similar associations (amalgamations), join the international associations
of employees and employers;
6) be appropriately protected against any interference of each other (their representatives or members) in the establishment, activities
and management of the associations (amalgamations) of employees or of
employers, and against illegal interference of the state, public, and
other bodies.
2. The associations (amalgamations) of employees or of employers
may not be disbanded or temporarily prohibited by administrative order.
3. To acquire the rights of a legal entity the organizations of
employees or of employers (their associations (amalgamations) shall be
registered with an appropriate agency in compliance with the procedure
established by the legislation of the Kyrgyz Republic.
1. Trade unions
Article 18. The right to join in trade unions
1. Trade unions are voluntary public organizations which unite the
employees according to the mutual trade interests both in production
and non-production spheres for protection of their labor, social, and
economic rights and interests.
2. Any employees may on a voluntary basis, on their own choice and
without prior permission establish trade unions; they may also join the
existing trade unions provided that they observe the charters of such
trade unions.
3. Employees may establish trade unions at enterprises, agencies
and/or organizations, and other working sites regardless of the type of
ownership.
4. Trade unions shall be independent in their activity and subject
only to the legislation of the Kyrgyz Republic. The trade unions shall
not be accountable, nor shall they be controlled by the bodies of state
governance and administration, the employers, or the political parties
and other public organizations. Any interference which can limit the
trade union rights or prevent from the realization of such rights shall
be prohibited unless otherwise provided by law.
5. Participation or non-participation in a trade union may not cause any limitations of the labor, social, economic, political, or personal rights and freedoms of citizens guaranteed by the Constitution of
the Kyrgyz Republic. Participation, joining, or withdrawal from a trade
union shall be prohibited to condition hiring, promotion, or dismissal
of an employee.
6. The procedure for the establishment, activities, and liquidation of trade unions shall be regulated by law.
Article 19. Consolidation of trade unions
1. Trade unions may join in federations which, in their turn, may
unite in head organizations (unions).
2. The federations and the head organizations shall have the same
rights as the trade unions.
3. The trade unions may join the international trade unions organizations.
Article 20. The trade union right to protect the labor rights of
the employees
1. The trade unions shall protect the right of their members to
work, participate in the development of the state policy, implement
public control over the employment of the citizens and observance of
the legislation of the Kyrgyz Republic on labor and employment, propose
the measures of social protection of the persons dismissed from the enterprises (such measures shall be determined by a collective contract
or a collective agreement in compliance with the legislation).
2. The changes in the type of ownership, liquidation or restructuring of an enterprise or of its structural subdivisions, or complete or
partial cessation of production activities initiated by the employer,
owner, or the managerial body authorized by the owner may take place
only on condition that the corresponding trade unions have been notified at least three months prior to such actions, and the negotiations on
the observance of the rights and interests of the employees have been
held.
The trade union representatives may freely visit the enterprises
and the working sites where the members of such trade unions work in
order to obtain the charter goals and to exercise their rights.
3. Trade unions and the trade union bodies may enter into negotiations and into collective contracts and agreements on behalf of the
employees on the level of the Republic, of a branch, and/or of a territorial unit.
4. To protect the labor, social and economic rights and the legal
interests of their members the trade unions may enter into:
1) general agreements between the Federation of the Trade Unions
of the Kyrgyz Republic, the Government of the Kyrgyz Republic, and the
associations (amalgamations) of employers;
2) the agreements between the republican branch trade unions and
the ministries and/or administrative agencies;
3) the agreements between the trade union territorial associations, the employers, and the local executive power agencies;
4) collective agreements with employers.
Agreements and contracts shall be binding for enterprises, organizations, and agencies regardless of the type of ownership in the corresponding territory or branch.
5. Trade unions may enter into negotiations with other representative bodies of the enterprise employees and distribute their solicitation and educational materials.
6. Trade unions may, in compliance with the legislation, undertake
the measures of participation of the trade union members in strikes.
Article 21. Representation of the interests of employees in court
Trade unions may represent the legal rights and interests of their
members in court, be it any stage of court proceedings.
2. Associations (amalgamations) of employers
Article 22. Establishment of the associations (amalgamations)
of employers
1. The associations (amalgamations) of employers shall be established for the purpose of protection of the financial interests of their members and development of the social partnership with the employees
(the representatives of the employees) and with the state authorities
in the course of utilization of hired labor.
2. The associations (amalgamations) of employers may be republican, branch/industrial, or territorial.
Article 23. The rights of the associations (amalgamations)
of employers
The associations (amalgamations) of employers may:
1) represent to the state authorities the common and individual
interests and the interests of their members arising in the course of
utilization of hired labor;
2) enter into collective negotiations and into general, branch/industrial and/or local agreements in compliance with the procedure established by this Code.
3) appoint or elect representatives for participation in the settlement of the issues affecting the interests of the employers;
4) establish the procedure and the amount of financial contributions to be made by the association (amalgamation) members;
5) establish special funds for financing of the activities of the
association(s) (amalgamation(s).
Article 24. Responsibilities of the associations (amalgamations)
of employers
The associations (amalgamations) of employers shall:
1) cooperate with the state authorities and with the representative bodies of employees in order to develop the social partnership;
2) enter into collective negotiations in compliance with the legislation, if such negotiations are initiated by a trade union or another representative body of employees;
3) provide legal assistance to their members;
4) assist to the conciliation in collective disputes.
Article 25. Conditions of recognition of the associations
(amalgamations) of employers
The associations (amalgamations) of employers shall be recognized
as such if they meet the following requirements:
1) consist of three or more employers;
2) the leaders of an association (amalgamation) and of its other
bodies are citizens of the Kyrgyz Republic.
Article 26. Requirements to the charters of the associations
(amalgamations) of employers
1. The following information shall be obligatory to include in the
charters of the associations (amalgamations) of employers:
1) type of the association (amalgamation);
2) location of the association (amalgamation) and its address;
3) the regulation on assuming of the responsibilities provided for
in Article 24 of this Code;
4) the authorities and responsibilities of the officials of the
association (amalgamation), the procedure for their election and voting, and the grounds for releasing them of their positions;
5) the procedure for the formation and management of the property;
6) the grounds and procedure for cessation of the activities of
the association (amalgamation).
2. The charter shall be supplemented by the list of members certified by their signatures or the signatures of their authorized representatives and by seals.
Article 27. Additional requirements to the activities of
the associations (amalgamations) of employers.
The activities of the associations (amalgamations) of employers in
addition to the provisions of other Articles of this Chapter shall meet
the following requirements:
1) non-participation in political activities and in the activities
lying outside the sphere of labor relationships and employment;
2) elected officials may not implement paid work in other associations (amalgamations) of employers, including associations (amalgamations) of higher level.
Article 28. Managerial bodies of the associations (amalgamations)
of employers
1. The management of the associations (amalgamations) of employers
shall be performed by the general meeting of the representatives of the
members and by the executive and audit committees.
2. The jurisdiction of the managerial bodies shall be delimited by
the general meetings of the representatives of the members; the requirements stipulated in Articles 24-30 of this Code shall be taken into
account.
Article 29. The general meeting of the representatives of
the members of the associations (amalgamations) of
employers
1. The general meeting of the representatives of association
(amalgamation) members shall be considered a supreme managerial body of
the association (amalgamation).
2. The general meeting shall be considered competent in cases where more than 50 percent of the members' representatives are present. In
the events of decision making on particular issues the general meeting
may set a requirement for a qualified majority.
3. The decision of the general meeting shall be considered approved in case that more than 50 percent of the members' representatives
present have voted for it. A special decision of the general meeting
may provide otherwise.
4. The decisions of the general meeting shall be taken by open voting or secret ballot taking into account the requirements of Paragraph
5 of this Article.
5. The following issues to be decided by secret ballot shall be
referred to the exclusive competence of the general meeting:
1) election of the members of the executive and the audit committees, and releasing them of their positions any time ahead of schedule;
2) hearing and approving of the reports of the executive and the
audit committees;
3) distribution of the association (amalgamation) funds;
4) revision of the decisions of the executive committee on infliction of punishment on the members of the association (amalgamation);
5) decisions on the issues concerned to the collective labor disputes.
Article 30. The executive committee
1. The executive committee shall directly manage the activities of
the association (amalgamation) of employers.
2. The executive committee may not consist of less than three and
more than seven representatives of the association (amalgamation) members.
3. The President of the executive committee shall be elected out
of its members.
4. The President of the executive committee shall simultaneously
be the President of the association (amalgamation).
5. Decisions of the executive committee shall be taken by a majority of votes of its members unless the decision of the general meeting
of the representatives of the association (amalgamation) members provides otherwise.
6. The President of the executive committee may:
1) approve the list of staff;
2) hire and dismiss the employees;
3) represent without a letter of attorney the interests of the association (amalgamation) and of its members;
4) distribute the authorities among the members of the executive
committee;
5) take other decisions not referred to the competence of the general meeting of the representatives of the association (amalgamation)
members or of the audit committee.
Chapter III
Representation of employees and employers.
A working collective
Article 31. Representation of the interests of employees and
employers
1. The interests of employees shall be represented by trade unions
and other representative bodies of an enterprise employees.
2. The interests of employers shall be represented by associations
(amalgamations) of employers.
Article 32. Organizational forms of relationships between
employees (their representatives) and employers at
the level of an enterprise, an agency, or an
organization
Relationships between employees (their representatives) and employers at the level of an enterprise, agency, or organization shall be
established by general meetings or conferences of employees; trade unions; councils of the enterprise, the agency, or the organization, and
by other representative bodies of employees specified in the collective
contracts.
Article 33. The council of an enterprise, an agency, or an
organization
The council or an enterprise, an agency, or an organization (hereinafter - the council) is a collegiate body representing to the employer the interests of the employees non-participants in the trade union.
Article 34. Establishment of the council
1. The council shall be established at any enterprise, agency, or
organization regardless of the type of ownership where as a rule at least 5 permanent employees are not the trade union members.
2. The council shall include the employees' representatives elected by the general meeting or by the conference of employees.
3. At small enterprises the functions of the council may be performed by a representative of employees elected by the general meeting
of the employees - non-participants in the trade union.
Article 35. Establishment of the council with participation of
trade union representatives
1. At the enterprises, agencies, or organizations where both the
members and non-participants in the trade union work, the councils with
participation of the trade union representatives may be established.
2. The procedure for the establishment and the activities of the
council with participation of the trade union representatives shall be
determined by mutual consent of the trade unions and the representatives of the employees - non-participants in the trade union.
Article 36. The term of authority and the number of members of
the council
1. The term of authority of the council shall be determined by the
meeting.
2. The term of authority of the council shall start on the day of
election of the employees' representatives by the general meeting or by
the conference of the employees.
3. The number of members of the council shall be determined by the
general meeting (conference).
Article 37. Participation of the representatives of the employer
in the activities of the council
1. The representative of the employer may participate in the activities of the council only upon invitation from the council.
2. The representative of the employer may not vote on the issues
requiring the decision of the council.
Article 38. Election of the chairman of the council and of his
deputies
1. The chairman of the council shall be elected out of the council's members at the first organizational meeting of the council by
secret ballot.
2. Simultaneously with the election of the chairman of the council
his deputy and secretary shall be elected.
Article 39. Prevention from membership in the council
A member of the council may not be a person who:
1) has a record of intentional crime unless the record is canceled
or removed in compliance with the procedure established by law;
2) has no right to occupy positions associated with financial responsibilities;
3) is a close relative or is in affinity with the first official
in authority of the enterprise in compliance with Article 102 of this
Code.
Article 40. The rights and responsibilities of the chairman of
the council
1. The chairman of the council shall:
1) prepare and hold the meetings of the council and coordinate the
work of the council members;
2) receive the enterprise employees in connection to the issues
included in the area of competence of the council within established
time;
3) timely invite the members of the council to the meetings and
inform them in advance about the agenda of the council meeting;
4) provide the participation of the employer's representative invited to participate in the work of the council;
5) call the meeting of the council and propose that the issue
which has caused the call for a meeting is included into agenda, in case that it is requested by one quarter of the members of the council or
the employees who have elected the council.
2. The chairman of the council may request from the employer statistic and analytic date and other information necessary for the preparation of the issues to be submitted to the council for consideration.
Article 41. The meetings of the council
1. The meetings of the council shall be held at least once a
month.
2. The council may decide that its meetings are held as closed meetings.
3. The meeting of the council shall be considered competent if more than half of its members are present.
4. A decision of the council shall be considered approved in case
that more than half of the attendants have voted for it.
5. Upon decision of the council, particular decisions may be taken
by a qualified majority vote.
Article 42. The regulations of the activities of the council
Other issues of the activities of the council may be provided by
the regulations established by the council.
Article 43. Guarantees to the employees elected to the council
The employees elected the members of the council in the course of
exercising of their authorities plus one year following the date of
cessation of such authorities shall be given the guarantees stipulated
for the elected officials in authority and for the members of the representative bodies of employees.
Article 44. The authorities of the council
The council of an enterprise may:
1) represent the interests of the employees - non-participants in
the trade union to the employer;
2) appoint a representative or establish a committee for holding
of collective negotiations with the employer;
3) elect the chairman of the council, his deputy and secretary;
4) approve the regulations on the activities of the council;
5) settle other issues associated with the representation of the
interests of employees.
Article 45. The responsibility of an employer to inform
the council
1. An employer must inform the council about:
1) production and social development of the enterprise, agency, or
organization;
2) projected changes in the list of staff, labor power cuts, and
other circumstances which may cause staff reduction;
3) reduction of the business hours;
4) upgrading of the employees' professional skills, training and
retraining of the employees;
5) introduction of new and amendment of the existing system of the
labor management;
6) conclusion and cessation of the labor contracts;
7) the labor discipline;
8) unexpected losses;
9) job-related injuries, occupational diseases and the action taken to secure healthy and safe labor conditions;
10) other issues concerning the collective interests of the employees in case that it is provided in the collective contract/agreements.
2. The council must insure safety of the commercial and other secrets safeguarded by the law.
Article 46. Representation of the interests of employees at
an enterprise
1. The representative bodies of the enterprise employees may:
1) enter into collective negotiations, on behalf of the trade union members or employees whom they represent conclude collective contracts and agreements with the employer, and implement control over the
execution of such contracts and agreements;
2) participate in the social and economic development of the enterprise;
3) settle the issues of the labor standards (output standards,
service standards) to be applied at the enterprise and establish the
procedure for the revision of such standards;
4) freely visit working sites at the enterprise, to receive from
the employer the information required to implement the public control
over observance of the standards established by this Code, laws, and
other legal acts on labor;
5) determine in cooperation with the employer the conditions and
special measures of protection of the employees in the event of mass
discharges;
6) defend the interests of the employees in the bodies considering
the labor disputes;
7) appeal in court the decisions of the employer or of the employer's authorized persons in cases where such decisions contradict the
laws or other legal acts or otherwise violate the rights of the employees;
8) to call and stop a strike in compliance with the procedure established in Articles 78-82 of this Code;
9) undertake other legitimate actions in the course of representation.
Article 47. Prohibition to prevent the representative bodies of
the enterprise employees from their legitimate
activity
1. Any prevention of the legitimate activities of trade unions and
other representative bodies of the enterprise employees shall be prohibited.
2. Cessation of the activities of the trade unions and other representative bodies of the enterprise employees on initiative of an employer shall be prohibited.
Article 48. Additional labor guarantees to the members of
the representative bodies of employees
1. The members of the trade union elective bodies and of other
representative bodies of the employees who are not released from a job,
on the conditions provided by the collective contract may be given free
time with reservation of their average wages for the fulfillment of social duties.
2. The employees released from production labor due to the election to the trade union or to another representative body of employees
elective positions shall be offered their previous or equal jobs (positions) at the same enterprise upon cessation of their elective authorities. In case that an appropriate job (position) is not available at
the same enterprise the employer shall pay the employee their average
wages during the period of provision with a job not to exceed 6 months,
and in the events of training or retraining - during the period up to
one year.
3. The dismissal of the members of the representative bodies of
employees on initiative of administration (except the event of liquidation of the enterprise as provided by Paragraph I clause I of Article
119 of this Code) shall be permitted exclusively by preliminary consent
of the corresponding representative body of the employees.
Article 49. A working collective
1. All the employees of an enterprise comprise its working collective.
2. The rights of the working collective and the procedure and
forms of the exercise of such rights shall be established by laws and
other regulatory documents, labor contracts, and the charter (regulations) of the enterprise.
Chapter IV
A collective contract
Article 50. Collective negotiations
1. Not earlier than four months prior to the cessation of the effective dates of the collective contract or at the time stipulated in
such contract any party may send a written request on beginning of negotiations to its counterpart which shall start negotiations within seven days.
2. To hold the collective negotiations the parties shall establish
on the basis of parity a committee of authorized representatives.
3. The list of members of the committee, and the date and place of
the negotiations shall be determined by the parties.
4. The representatives of the parties shall have the document proving their authorities.
5. The parties may not stop negotiations unilaterally except as
provided by this Code.
6. The representatives of the parties shall have the right to the
guarantees provided by the legislation and by the collective contract.
7. The employers, their associations (amalgamations), and the corresponding bodies of state governance shall provide the information required to hold the negotiations.
8. The parties in the negotiations must not divulge the information being the state or commercial secret. The persons divulging such information may be brought to responsibility in accordance with the legislation.
9. Other issues of the performance of negotiations shall be determined by the parties.
Article 51. A collective contract
1. A collective contract is a local regulatory act governing the
labor, social and economic relationships between an employer and hired
employees, and the relationships between an employer and trade unions
and other representative bodies of employees.
2. The collective contracts shall be concluded at enterprises,
agencies and organizations regardless of the type of ownership or business, in their separate subdivisions (on the issues lying within the
competence of the subdivisions), and with the entrepreneurs who carry
out their activities without forming legal entities.
Article 52. The general principles of conclusion of the collective
contracts
The general principles of conclusion of the collective contracts
shall be as follows:
1) social partnership;
2) equality of the parties;
3) obligatory entrance into the collective negotiations in case
that one of the parties proposes the negotiations;
4) economic, production, and financial grounds of execution of the
obligations being assumed.
Article 53. Correlation of the legislation and the collective
contract
1. The terms and conditions of the collective contract making the
position of an employee worse in comparison with the position provided
by the legislation, tariff agreements and/or general agreements shall
be considered invalid.
2. The collective contract, the local agreement, and the tariff
agreement may provide more beneficial labor, social and economic conditions for the employees when compared respectively with the collective
agreements, with the tariff and general agreements, and with the general agreement.
Article 54. Parties in a collective contract
1. The parties in a collective contract are a trade union represented by its elective body or other representative bodies of the enterprise employees, and an employer or the employer's authorized representative.
2. In cases where the interests of the employees working for the
employer are represented by several trade unions or other representative bodies, the party in the collective contract may be:
1) any of the above trade unions or representative bodies on behalf of the employees it unites;
2) the trade union or another representative body which either
unites the majority of the employees working for the given employer or
has the biggest number of members and to which the right to participate
in the collective contract has been given by the rest of the trade unions or other representative bodies on the voluntary basis;
3) a joint body established by the above trade unions or other
representative bodies on a voluntary basis.
3. The organizations or bodies established or financed by employers, the bodies of state governance and administration, political parties, and/or public associations shall not be permitted to enter into
collective contracts.
Article 55. The content of a collective contract
1. The content of a collective contract shall be determined by the
parties within their competence and by this Labor Code as provided herein.
2. A collective contract may contain the following provisions on:
1) the improvement of labor management and the increase of production effectiveness;
2) the standards, forms and systems of wages, and of other incomes
of an employee;
3) the amount of tariff rates, salaries, additional payments, and
rises in wages;
4) the indexing of the wages (income);
5) the business hours (weeks, months, etc.) and the duration of
leaves;
6) the development of healthy and safe labor conditions, improvement of the health protection, the guarantees of medical insurance to
the employees and their families, and the environment protection;
7) the conclusion and cancellation of labor contacts;
8) the employment, training, upgrading of the employees' skills,
retraining, and employing of the released employees;
9) the bylaws and labor discipline;
10) the construction, maintenance and distribution of flats and of
the objects intended for the social and cultural needs;
11) the medical treatment and recreation to be provided to the
employees and their families in sanatoriums and at health resourts;
12) the provision of the additional privileges to large and incomplete families, and to the families growing handicapped children;
13) the improvement of living standards for the veterans of the
Great Patriotic War, the veterans, the disabled, and the pensioners
working or having worked for the employer;
14) the establishment of the conditions favorable for the cultural
and physical development of the employees;
15) the prevention of the prerequisites of labor disputes, strikes, and mass discharges;
16) the liabilities of the parties for the failure to execute the
collective contract;
17) the guarantees of the social and economic rights of the employees during the denationalization and privatization process;
18) the employer's liability for the harm done to the health of
the employees;
19) other labor, social and economic conditions.
3. The collective contract may have supplements which shall be
considered its integral part.
Article 56. Obligatory provisions of a collective contract
1. The following information shall be obligatory to include in a
collective contract:
1) the names of the parties;
2) the date of conclusion and the effective dates of the contract;
3) the categories of employees on whose behalf the contract has
been concluded;
4) the agreed terms and conditions of the issues provided in Article 35 of this Code;
5) the rules of settlement of conflicting labor disputes, including the disputes concerning reconciliation, intermediation, and arbitration of the issues being within the competence of the parties;
6) the terms of prolongation or revision of all or separate provisions of the collective contract, of the agreements between the employers and employees, or of the particular rights and responsibilities of
the employers and employees;
7) the penalties to be imposed within the jurisdiction of the parties in the events of the failure to execute the collective contract or
agreement;
8) the counterparts' signatures certified by the seals (if any).
Article 57. Field of application of a collective contract
1. The employer and all the employees on whose behalf a collective
contract has been concluded shall be subject to the provisions of the
collective contract.
2. Any employee on whose behalf the collective contract has not
been concluded (newly hired, non-participants in the trade unions,
etc.) shall be subject to the provisions of the collective contract given that they have expressed their consent in writing.
3. In the event of restructuring of the enterprise the collective
contract shall remain valid during the restructure period; afterwards
it may be revised on initiative of any counterpart.
4. The collective contract shall remain valid in the event of
amendments of the list of members, the structure, the name of the managerial body of the enterprise, or the cancellation of the labor contract by the employer.
5. In the event of replacement of the owner of the enterprise property the collective contract shall remain valid for the six months
following the date of replacement. During this period the parties may
enter into the negotiations on concluding of a new collective contract
or on maintenance of the current contract and introducing amendments
and addenda to it. In the course of revision of the collective contract
the question of the possibility to maintain the employees' privileges
and of the fulfillment of other terms and conditions provided by the
previous contract shall be resolved.
6. In the event of liquidation of the enterprise in accordance
with the procedure and conditions provided by the legislation, the collective agreement shall be considered valid during the whole period of
liquidation.
Article 58. The form of a collective contract
1. A collective contract shall be concluded in written form.
2. No corrections and mistakes distorting the meaning shall be
permitted in the text of the collective contract.
3. The collective contract shall be prepared in triplicate plus
one copy for registration.
Article 59. The effective dates of the collective contract
1. The collective contract may be concluded for the period of time
determined by the parties not to be less than one year.
2. The collective contract shall come in force on the day it is
signed or on the day set by the parties and shall be considered valid
until the conclusion of a new collective contract unless otherwise provided therein.
Article 60. Introducing of amendments and addenda to
the collective contract
Amendments and addenda shall be introduced to the collective contract in compliance with the procedure established by the parties.
Article 61. Informing about the execution of the collective
contract
1. The employees on whose behalf the collective contract has been
concluded shall be informed about the execution of the collective contract according to the schedule established therein (to be done at least
every six months).
2. The methods and procedure for such informing shall be determined by the parties.
Article 62. Control over the execution of the collective contract
The control over the execution of the collective contract shall be
performed by the parties in compliance with the procedure established
by them.
Article 63. Liability of the parties for the failure to execute
the collective contract
The parties shall be liable for the failure to fulfill the obligations provided by the collective contract in compliance with this Code,
other legislation, and the collective contract.
Chapter V
A collective agreement
Article 64. A collective agreement
1. A collective agreement is a regulatory act which includes the
obligations on the establishment of the labor conditions, employment,
and social guarantees to the employees of a certain profession, industry, or a territorial unit.
2. A collective agreement shall be aimed at broadening of participation of employees and employers in developing and carrying out of the
economic and social policy.
3. Collective agreements may be bilateral or multilateral by consent of the parties.
Article 65. The purposes and social functions of a collective
agreement
1. The main purposes of a collective agreement are: to assist to
resolving of the topical economic, social and labor issues, and to reach consent between the parties with respect to their mutual economic
and social interests.
2. A collective agreement shall be based on:
1) regular consultations, assumption of joint obligations, and
conclusion of agreements on coordination of positions and on cooperation;
2) the observance of the principles of freedom of consolidation
and participation of the interested persons in the process of decision
making on the issues affecting their interests;
3) duly performance of its functions by any counterpart;
4) mutual respect and understanding.
Article 66. The procedure for the development and conclusion of
a collective agreement
1. The procedure, terms of the development and conclusion of the
agreement and the list of the members of the commission shall be deter-
mined by the parties and documented in the protocol.
2. The draft agreement shall be developed by the commission, published in the press, discussed in mass media, finished by the commission upon discussion, and signed by the appropriate executive power body,
the associations (amalgamations) of employers, and the trade union associations or by other representative bodies of the corresponding associations (amalgamations) of employees.
Article 67. The content of collective agreements
1. The content of collective agreements shall be determined by the
parties within their competence.
2. The general agreement may contain the following provisions:
1) development of social partnership and cooperation, assistance
to conclusion of collective agreements, prevention of labor disputes
and strikes, and/or prohibition against mass discharges;
2) the basic criteria of the living standards of the employees and
the members of their families, including the establishment of the minimum wages, pensions, allowances, and/or stipends;
3) the wages of the employees of the enterprises, agencies and/or
organizations financed from the budget, allowances, stipends, pensions,
and/or compensations depending on the price increase by comparison with
the established minimum;
4) employment;
5) development of everyday services, conditions of the recreation,
amateur activities, physical culture and sports for the employees and
the members of their families;
6) the labor safety and environment protection;
7) other labor, social, and economic conditions.
3. The tariff and the local agreements may contain the social guarantees to the employees depending on the special features of the industry or region on the issues of organization, conditions, wages,
conclusion and cancellation of labor agreements during privatization,
etc.
Article 68. The effective dates of a collective agreement
1. The agreement shall come into force at the time it is signed by
the parties or on the date provided therein.
2. The effective dates of the agreement, the procedure for supervision over its execution, and the dates of conclusion of a new agreement shall be determined by the parties therein.
Article 69. Registration of the general, branch (tariff) and local
collective agreements
1. The general, branch (tariff) and local agreements shall be registered respectively with the Government of the Kyrgyz Republic, the
Ministry of Labor and Social Protection and the Keneshes of the Kyrgyz
Republic according to the location of any counterpart.
2. The agreements shall be registered on the joint initiative of
the negotiating parties. The registration may be rejected in cases where the procedural requirements have not been observed.
Article 70. Amendments and addenda to collective agreements
The amendments and addenda shall be introduced to the agreement by
mutual consent of the parties in compliance with the
lished for the conclusion of a collective agreement.
procedure
estab-
Article 71. Supervision over the execution of collective
agreements
Supervision over the execution of collective agreements shall be
performed by the commissions. The list of commission members and the
conditions required for implementation of its activities shall be determined by the parties in the agreement. The commission shall include
the representatives of the labor and social protection agencies.
Chapter VI
Settlement of collective labor disputes (conflicts)
Article 72. Field of application of this Chapter
1. The relationships connected with the collective disputes on the
issues of application of the collective agreements and on the conclusion and execution of the collective contracts and agreements between the
employees (the working collectives) and the employer or branch (interbranch) managerial bodies with respect to the establishing of the new or
changing the current social and economic conditions of labor and everyday life shall be subject to the provisions of this Chapter.
2. The relationships connected with the disputes on amendment
and/or cessation of the collective agreement shall be subject to the
provisions of this Chapter upon expiration of one month (or any other
period of time determined by the parties) following the starting date
of the collective negotiations in compliance with Chapter IV of this
Code.
Article 73. The parties in a dispute
The parties in a dispute are: an employer (employers, association
(amalgamation) of employers), and a trade union or another representative body of the enterprise employees (their associations).
Article 74. The procedure for making claims
1. The claims to the employer shall be approved by the general meeting (conference) by the majority of votes of the attendants - the
members of the employees' representative bodies or of the employees not
being the members of such bodies (the conference delegates).
2. The general meeting shall be considered competent in cases where more than one half of the trade union members or employees non-participants in the trade union are present; the conference requires the presence of two third or more delegates.
3. The approved claims shall be documented in writing, signed by
the chairman and by the secretary of the general meeting (conference),
and sent to the employer.
Article 75. Consideration of claims
1. The employer must consider the claims and inform the trade union or another representative body of the employees by a written notice
about his/her decision within the three days following the day of receiving the claims.
2. In case that the satisfaction of the claims (part of the claims) is beyond the employer's competence s/he must pass the claims within the same period of time to the owner or to the body authorized by
the owner for consideration and appropriately inform the trade union or
another representative body of the employees (to be done in writing).
3. The owner-employer or the body authorized by such owner shall
take the decision on the claims and inform the trade union or another
representative body of the employees about the decision by written notice within the three days following the day on which the claims are
received.
Article 76. Conciliation commission
1. In the events of disagreement with the decision of an employer
on the claims the trade union or another representative body of the
employees shall within two days send the employer a written proposal on
establishment of a conciliation commission and specify the names of not
more than its five representatives.
2. The employer shall, within the two days proceeding the receipt
of the proposal, appoint their representative in the conciliation commission. The number of the employer's representatives shall correspond
to the number of the representatives proposed by the trade union or by
another representative body of the employees. Within the same term the
employer shall inform the trade union or another representative body of
the employees about the action s/he has taken.
3. Within the two days proceeding the day on which the employer is
appropriately notified or within another term established by the parties the representatives of the parties shall hold a meeting to elect by
the majority of votes a neutral member who neither participates in the
particular trade union or in another representative body of the employees nor works for the given employer.
4. The members of the conciliation commission may be preliminary
determined in the collective agreement.
Article 77. Labor arbitration
1. In case that any counterpart disagrees with the proposals of
the conciliation commission the parties may by their mutual consent appeal to the labor arbitration.
2. The labor arbitration may be established by the parties, by the
state authorities, by the associations (amalgamations) of employers, by
trade unions or other representative bodies of employees, and/or by other economic entities.
3. The number and the names of the members of arbitration established by the parties, the procedure for consideration of the labor
disputes, the rules of decision making, and other issues of the activities of the arbitration shall be determined by the collective agreement
or by consent of the parties.
Article 78. Strike
1. A strike is a complete or partial voluntary stoppage of work
(non-attendance, non-performance of the duties) by a group of employees
aimed at protection of their economic and/or social interests.
2. A strike action may be taken upon rejection of the conciliation
commission proposals, and in cases where the parties have applied to an
intermediary or to arbitration - upon rejection of the proposal of the
intermediary or disagreement with the arbitration decision, except for
the cases where such decision is obligatory for the parties to observe.
3. Work shall be prohibited to stop in cases where such stoppage
is of threat to human life or health, or in the event of enterprises/agencies of railways or city public transportation, aircraft, communications, energetic power bases, of the state authorities, of the
enterprises or organizations which secure the defensive potential or
maintain law and order, and/or of the enterprises where the interruption of the production process may cause hard and/or dangerous consequences.
4. Employees (the working collective) of the specified enterprises
and/or organizations (regardless of the ownership structure) upon fulfillment of the conciliation procedure provided by Articles 74-77 of
this Code may apply to the Government of the Kyrgyz Republic for protection of their legal rights and interests. The Government shall examine their claims and give the answer within two weeks.
5. The following types of strike shall be considered illegal and
shall not be permitted:
1) the strikes motivated by the demands for dismissal of the state
officials , for a forced overthrow or changes in the Constitutional
system, and/or by other political demands causing the violation of the
equality of nationalities and/or races;
2) the strikes non-observing the provisions of Articles 74-77 of
this Code; the strikes the start or continuation of which violates the
provisions of this Code.
6. The decision on recognition of a strike as illegal in cases
where the grounds provided for in this Article are present may be taken
by the Supreme Court of the Kyrgyz Republic at the application of an
employer, of a branch (interbranch) managerial body, or of a local executive power body, and shall be brought to the notice of the participants in the strike through the body that manages the strike and through mass media.
7. The decision on recognition of a strike as illegal shall oblige
the employees (the working collective) to stop the strike and start
work not later than on the day following the day on which a copy of the
decision is provided to the strike leading body.
Article 79. The decision to go out on strike
1. The decision to go out on strike may be taken by the general
meeting (conference) by secret ballot.
2. The general meeting shall be considered competent in cases where more than one half of members of the trade union or employees non-participants in the trade unions are present; a conference requires
the presence of more than a half of delegates to be considered competent.
3. The decision shall be considered approved in case that not less
than two third of the attending members of the trade union or employees
- non-participants in trade unions (conference delegates) have voted
for it.
Article 80. Responsibilities of the parties during a strike
During a strike the parties shall be obliged to take necessary action in order to insure the legitimacy, the safety of the state and other property, and the maintenance of public order.
Article 81. The labor rights of employees on strike
1. Participation in a strike started in accordance with the provisions of this Chapter shall not be considered a violation of labor discipline and shall not cause the disciplinary, administrative and/or other measures provided by this Code.
2. The employees participating in illegal strike shall not reserve
their wages for the entire period of the strike. The collective contract/agreement or the agreements reached in the course of the settlement of the collective labor disputes may provide the reimbursement to
the employees participating in a legal strike.
3. The period of participation in illegal strike shall not be included in the period of work giving the right for a leave.
4. In case that an employee has rejected to strike, but has been
thus disabled to proceed their labor activities the employee shall have
the right to the unemployment allowances within the amount and on the
conditions provided by the legislation of the Kyrgyz Republic.
Article 82. Financial assistance to the strikers
1. In order to provide financial support to the participants in a
strike a trade union may establish a strike fund at its own expense,
and at the expense of the voluntarily made contributions and/or donations.
2. Political parties or movements, other public associations pursuing political purposes, and/or foreign individuals and legal entities
shall not be permitted to finance the strike fund or to provide direct
financial assistance to the strikers.
Article 83. The liability of an employer and of officials
An employer and/or officials shall be liable for non-observance of
the provisions specified by this Chapter in compliance with this Code
and with the collective contract (agreement).
Article 84. The liability of employees for participation in
illegal strike
The participants in a strike recognized as illegal by court may be
disciplined and/or fined in compliance with Chapters XIII and XIX of
this Code.
Article 85. The liability for the compulsion to strike or creation
of obstacles to the employees non-participants in a
strike
In compliance with the legislation prosecution may be instituted
against: the persons who by means of violence or the threat to use violence force to participate in a strike, and/or against the persons on
strike who prevent the non-strikers from continuation of their work.
SECTION II
THE SPECIAL PART
Chapter VII
Origination, amendment and termination
of labor relationships
1. A labor contract
Article 86. The concept of a labor contract
1. A labor contract is an agreement between an employee and an
employer. The employee shall assume the obligation to execute for an
enterprise, an agency, or an organization the work being in correspondence with their profession (speciality), professional skills, or position provided that s/he observes the respective bylaws; the employer
shall assume the obligation to pay wages to the employee and provide
the conditions stipulated by the legislation on labor, by the collective contract, and by the agreement of the parties.
2. The contract which may additionally provide the advanced responsibilities of the parties with respect to the failure to execute the
assumed obligations is a special type of the labor contract (hereinafter - the advanced responsibility contract).
Article 87. The parties in the labor contract
1. A person who has reached the age of 16 and, in exceptional cases provided by this Code - of 14, and is actually able to work may be
an employee as the party in the labor contract.
2. For vocational training of youth it shall be permitted to hire
the students of educational institutions on condition that they execute
easy work harmless to their health, and that they work during the time
free from classes, provided that a youth has reached the age of 14 and
their both parents or the persons replacing them have expressed their
consent in writing.
3. The professions, types of work, and working sites where the labor of students may be used shall be determined by an enterprise or an
organization upon coordination with the local employment service bodies.
4. An enterprise (regardless of the type of ownership), a public
association, a religious organization, and/or a certain citizen may be
an employer as a party in the labor contract.
5. The associations of citizens or collective businessmen (partners) having united their property in collective property may be a party in the labor contract. The family-operated farms possessing the
rights of a legal entity shall be considered a specific type of such
associations.
6. The foreign citizens investing their capitals in joint ventures
and/or companies may be a party of the labor contract.
Article 88. Prohibition against discrimination in the event of
hiring an employee
1. Direct or indirect limitations of rights, or direct or indirect
advantages in the event of hiring an employee conditioned by their sex,
age, race, nationality, language, origin, property status, political or
religious convictions, membership in public associations, place of residence, and/or other circumstances not associated with the professional qualities of the employee shall not be permitted.
2. The differences, exceptions, preferences, and limitations made
when hiring an employee which are determined by the requirements typical of the certain type of work or conditioned by a special care of the
State of the persons who need special social and legal protection shall
not be considered discrimination.
3. The employers guilty of discrimination of the citizens being
hired, on the grounds specified in Paragraph 1 of this Article shall be
liable in compliance with the legislation of the Kyrgyz Republic.
Article 89. Prohibition of an unreasonable rejection to enter into
a labor contract with particular categories of
citizens
1. It shall be prohibited to reject without valid reasons to enter
in a labor contract with the citizens:
1) provided with work by the state employment service at the expense of the quoted jobs;
2) invited to work by a written notice in accordance with the procedure for transfer from another enterprise upon coordination between
the employers;
3) having arrived to work upon graduation from an educational institution in accordance with the employer's bid or with the agreement
concluded with the employer;
4) possessing the right to enter into a labor contract on the basis of the collective contract (agreement).
2. In cases provided for in Paragraph I of this Article, upon request of a citizen or of an interested body, an employer shall notify
them of the reasons for the rejection within the three days following
the submission of the request. An unreasonable rejection may be appealed in court.
Article 90. The term of a labor contract
1. The labor contracts may be concluded:
1) for an indefinite term;
2) for a fixed term not to exceed 5 years;
3) for the term of implementation of particular work.
2. The conclusion of a fixed term labor contract (Paragraphs 2 and
3 of this Article) on implementation of the work which is permanent by
its character shall be prohibited, except the cases directly provided
by this Code, or the cases where the contract is concluded on initiative of the employee.
3. In cases where a labor contract does not specify the effective
dates, the contract is considered to be concluded for an indefinite
term.
Article 91. Prolongation of the terms of a fixed term labor
contract for an indefinite period of time
In case that the labor relationships (see clauses 2 and 3 of Paragraph 1 of Article 90) are actually continuing upon the expiration of
the term of a labor contract, and neither counterpart has requested to
cease such relationships, the terms of the contract shall be considered
continued for an indefinite period of time.
Article 92. The content of a labor contract
1. The content (terms and conditions) of a labor contract shall be
determined by consent of the parties in compliance with the requirements provided by this Code.
2. The following information shall be obligatory to include in the
labor contract:
1) the place and date of conclusion;
2) the first, last and middle names of the employee and the name
of the employer;
3) the location (place of registration, residence) of the employer;
4) the place (places) where the work is to be performed;
5) the labor function (one or more professions, specialities, positions in correspondence with the qualifications);
6) the date of beginning of work, the effective dates and the type
of the labor contract;
7) the labor regime;
8) the amount and forms of remuneration for work, the place and
time of pays;
9) the signatures of the parties.
3. By mutual consent of the parties the labor contract may include
the terms and conditions additional when compared with Paragraph 2 of
this Article provided that such terms and conditions are consistent
with the current labor legislation.
Article 93. Invalidity of the Labor Contract
The labor contract shall be declared invalid by court in case that
it has been concluded:
1) under fraud, threat, and/or under the extremely disadvantageous
for the employee conditions caused by the bad coincidence;
2) to make a show, without intent to create juridical results (feigned labor contract);
3) by a person incapable to understand the meaning of their actions;
4) by a citizen declared incapable as a result of mental disorder
or feeble-mindedness.
In case that the contract is declared invalid it shall not be followed by the loss of the employee's right to the annual leave, of the
financial compensation of the unused leave-days in the event of a quit,
of the inclusion of the period of time during which the employee was
working in the pension time record, or of other privileges.
Article 94. Invalidity of separate terms and conditions of
the labor contract
1. Separate terms and of the labor contract shall be considered
invalid in case that they:
1) aggravate the position of the employee by comparison with the
conditions provided by the legislation on labor, by the collective
contract, or by other local regulatory acts;
2) are discriminative.
2. Invalidity of particular terms and conditions of a labor contract shall not result in invalidity of the labor contract as a whole.
Article 95. The form of the labor contract
1. The conclusion of the labor contract shall be formalized in
writing.
2. The labor contract shall be issued in two copies and signed by
the parties. One copy shall be provided to the employee and the other
shall be kept with the employer.
3. The sample form of the labor contract shall be approved in
compliance with the procedures established by the Government of the
Kyrgyz Republic.
Article 96. Documents required to conclude the labor contract
1. To conclude a labor contract a citizen shall present to an employer the following documents:
1) an identification (passport, military-service card, birth certificate for the persons from 14 to 16, certificate of release for the
persons having been imprisoned);
2) a work-record card (except in the event of the first employment);
3) a diploma or another document on education or professional training in case that the work requires special knowledge.
2. An employer may not require any other documents to conclude the
labor contract unless the legislation of the Kyrgyz Republic provides
otherwise.
Article 97. Responsibilities of employers when hiring employees
When hiring an employee an employer shall:
1) acquaint the employee with the entrusted work and with the conditions and remuneration for the work, and to explain the rights and
responsibilities of the employee;
2) acquaint the employee with the collective contracts, agreements, and by-laws;
3) instruct the employee on industrial safety provisions, labor
hygiene, fire safety, and other requirements of the labor safety;
4) issue a work-record card for the employee in accordance with
the established procedure.
Article 98. The beginning of the terms of the labor contract
1. The terms of a labor contract shall start on the date of the
actual beginning of work, unless otherwise provided therein.
2. The actual allowance to work by the employer or by the appropriately authorized official shall be considered the beginning of the
terms of the labor contract. The labor contract shall be formalized and
documented in writing within the three days proceeding the submission
of a request from the employee, the trade union, or the authorized representative body of the employees, according to the actual labor conditions.
Article 99. Conclusion of the labor contract under certain
conditions
1. The labor contract may be concluded under certain conditions (a
competition, election to a position) in compliance with the procedure
that may be established by the Government of the Kyrgyz Republic.
2. An employee may enter into labor contracts with more than one
employer on a basis of plurality unless it is prohibited by the legislation of the Kyrgyz Republic.
Article 100. Conclusion of the labor contract with the first
official in authority of an enterprise
1. Hiring (appointment, election) of the first official in authority of an enterprise shall be within the jurisdiction of the property
owner or of the body which is appropriately authorized by the owner and
to which the right to manage the enterprise has been delegated.
2. At the enterprises run by the State and at the enterprises for
50 and more per cent owned by the State or by the local self-government
bodies, the right to enter into labor contracts in the events of hiring
of the first official shall be realized by the founder or by the council of the enterprise upon the founder's instruction.
3. In the events of hiring (appointment, election) of the first
official s/he shall enter into the labor contract determining their
rights, responsibilities and the liability to the property owner, the
terms and conditions of remuneration for work, the effective terms of
the labor contract, and the terms and conditions of release from the
position occupied.
4. In the event of hiring of the first official or the officials
responsible for performance of the general management functions of the
enterprise (the first official's deputies, a chief accountant, heads of
major subdivisions and/or services) the contracts shall be concluded
directly by the owner of the enterprise (at the enterprises run by the
State - by the bodies to which the ownership rights have been delegated).
5. The first official in authority may be released from the position occupied prior to the expiration date of the labor contract on the
grounds provided by the contract or by the legislation of the Kyrgyz
Republic.
6. The Government of the Kyrgyz Republic may define other categories of employees in particular branches (science, culture, education,
public health care, sports, etc.), who may enter into contracts.
Article 101. The procedure for acceptance of a position in state
service
1. A position in state service may be occupied through appointment, election, or approval.
2. An employer shall enter into an advanced responsibility contract for the term up to 15 years based on the principle of non-replacement of state employees with a person in state service unless otherwise
provided by the legislation of the Kyrgyz Republic.
3. The procedure and conditions of conclusion of the advanced responsibility contracts with state employees shall be determined by the
legislation of the Kyrgyz Republic.
Article 102. Limitation of work of persons in relation or in
affinity at the enterprises run by the state and/or
in state agencies and/or organizations
1. The persons being close relatives or being in affinity (parents, spouses, brothers, sisters, sons, or daughters, as well as brothers, sisters, parents, or children of a spouse) shall be prohibited to
work at the same enterprise, agency or organization, in case that their
work is connected with direct subordination or supervision of one over
the other.
2. The following categories of employees shall not be subject to
the provisions of Paragraph 1 of this Article of the Labor Code:
1) persons elected to directly subordinated or supervised positions;
2) specialists in agriculture working at the agricultural enterprises run by the State, or in the organizations or agricultural scientific research institutes located in rural areas;
3) employees of the railway on-line enterprises except chief accountants and/or cashiers of such enterprises;
4) employees of maintenance and communications enterprises;
5) doctors working in medical treatment, sanitary and/or preventive care institutions of the public health care system;
6) persons working in the field of education, teachers, bibliographers and/or librarians of any educational institution;
7) actors, artists and musicians of state theaters; collectives of
artists;
8) employees of the net organizations of hydrometeorological service;
9) employees of field geologic expeditions, parties, groups and
sites;
10) employees of the bodies of the State Agency on Standards performing state on-sight supervision over the standards and the measurement devices;
11) specialists of forestry and water resources system;
12) persons engaged in public education, medicine, and cultural-educational institutions located in the rural areas;
13) employees of the road maintenance organizations servicing public roads, with exception of chief accountants and cashiers of such organizations;
14) seamen of steamship line and maintenance enterprises and organizations of water transportation (except for the management offices of
steamship line) but the chief accountants and cashiers of such enterprises and organizations;
15) employees of pond or lake fish-breeding enterprises, fishery
enterprises, fish farms, fish spawning and breeding enterprises, selection and breeding fishery enterprises and centers, other enterprises,
agencies and organizations of fish resources system with the exception
of chief accountants and cashiers of such enterprises, agencies, and/or
organizations;
16) employees of other enterprises, agencies, and organizations in
cases defined by the Resolutions of the Government of the Kyrgyz Republic.
Article 103. Medical examination in the event of conclusion of
a labor contract
1. The medical examination prior to the conclusion of the labor
contract shall be obligatory for the persons:
1) under 18 years of age;
2) being hired to execute the work harmful for their health or the
work under hard labor conditions;
3) being hired by the enterprises of food industry, public catering and trade, water supply facilities, by the medical treatment and
preventive care, kindergartens, schools, and/or other enterprises, where such examination is necessary for the reasons of the public health
protection and prevention care;
4) being hired to implement the work directly associated with the
traffic.
2. The list of positions requiring an obligatory preliminary medical check shall be approved in compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 104. The labor contract with probation
1. A labor contract may, by mutual consent of the parties, stipulate a probation period during which the employer examines the professional qualities of the employees and the employee gets familiar with
the labor conditions and the working collective.
2. During the probation period the employees shall be subject to
the labor legislation and to the terms and conditions of the collective
contract concluded with a particular enterprise, agency, or organization.
3. The probation period may not exceed three months excluding the
time of temporary disablement and other periods of the employee's absence due to valid reasons unless otherwise provided by the legislation.
4. The terms and condition of the probation shall be specified in
the labor contract and in the order (instruction) on hiring. In the
events of the absence of this provision in the labor contract and in
the order (instruction) the employee shall be considered hired without
probation.
5. The probation shall not be set in the events of hiring of persons under 18, graduates of vocational training institutions; the disabled to whom the specially reserved jobs have been offered by the
state employment service bodies, and pregnant women and mothers of
children under 3 years of age. The probation shall not be set in the
event of transfer of the employee to another job or enterprise.
Article 105. Cancellation of the labor contract with probation
1. Either party may cancel the labor contract with probation prior
to the end of the probation term upon written notification of the counterpart within the 3 calendar days prior to the cancellation.
2. In the events of unsatisfactory results of probation an employer may cancel the labor contract with an employee, and the employee
shall be appropriately notified in writing at least 3 calendar days
prior to the cancellation of the contract. The employee may appeal against the decision of the employer in court.
3. In case that the labor contract with the employee is not canceled prior to the expiration of the probation period in accordance with
Paragraph I of this Article, the probation shall be considered passed,
and the following cessation of the labor contract with the employee
shall be performed on general grounds.
2. Amendment of the terms of the labor contract
Article 106. Transfer to another job
1. An assignment from an employer to an employee to perform the
work presupposing a profession, speciality, position, or qualification
different from the profession, speciality, position, or qualification
specified in the labor contract, or to work for another employer or in
another locality shall be considered a transfer.
2. A transfer to another job within the same enterprise, that is a
change of position or other conditions of work provided by the labor
contract, as well as a transfer to another job, another enterprise, or
a different locality, be it together with the enterprise, shall be permitted exclusively by consent of the employee expressed in writing ex-
cept as provided in Article 110 of this Code.
3. A transfer of an employee to the work contra-indicated to their
health shall be prohibited.
Article 107. Transference
1. An assignment from an employer to an employee to implement the
same functions at a new working site, be it within the same or in a
different structural subdivision with the exception of a separated subdivision, shall be considered a transference.
2. The working site is a place (places) where an employee performs
their direct duties (a particular part of production (office) area provided with necessary equipment, management and information facilities,
and office equipment).
3. Transference shall not require the consent of an employee.
4. Transference shall be justified by production, organizational
or economic needs.
5. Transference of an employee to another employer, as well as to
another locality or to another working site in case that such relocation is contra-indicated to their health shall be prohibited.
6. In case that the transference is connected with the changes of
essential labor conditions the provisions of Article 109 of this Code
shall apply.
Article 108. Changes in labor conditions
1. Changes in labor conditions shall be permitted in the event of
changes in organization of the labor process, production management, or
decrease of the production volume provided that an employee proceeds
with performance of the functions presupposing the same profession
(speciality), qualification, and position.
The employee shall be notified in writing of the changes in the
labor conditions: the system and amount of wages, privileges, labor regime, introduction or cancellation of a short business day or of
non-full business time, combining of professions, changes in the grades
or the titles of positions, etc. (not to be done later than one month
prior to such changes).
2. To preserve the jobs in case that the changes in organization
of the labor process, production management, and the amount of work may
result in a mass lay-off, an employer may upon coordination with the
representative bodies of employees change the labor conditions of the
employees without observance of the terms of notification, as provided
in Paragraph 1 of this Article of the Labor Code. Along with this the
amount of the business time may not be less than one half of monthly
quota of the business time, nor the remuneration for work may be less
than the minimum salary established by the law of the Kyrgyz Republic.
3. In cases where the labor conditions cannot be maintained, and
an employee does not agree with the new conditions, the labor contract
shall cease.
Article 109. Changes in the essential labor conditions
1. In the events of well-grounded production, organizational, or
economic reasons an employer may change the essential labor conditions
of an employee specified in the labor contract in compliance with the
procedure provided by Article 108 of this Code, except for the conditions stipulated by Article 109.
2. The labor conditions which worsen the position of an employee
in comparison with the conditions under which s/he normally executes
their job (reduction in privileges or salary, changes in the title of
their position, introduction or cancellation of non-full business time)
shall be considered essential.
Article 110. A temporary transfer conditioned by the needs of
an enterprise
1. A temporary transfer connected with the production needs of an
enterprise shall be permitted for prevention or liquidation of the consequences of Acts of God, a production accident, destruction or damages
of the state property or other property, and in other emergency cases,
and/or in the event of substitution of an absent employee. At the same
time an employee may not be transferred to another work in case that it
is contra-indicated to their health. The duration of a transfer to
another work for the substitution of an absent employee may not exceed
the period of one month during a calendar year.
2. A temporary transfer in connection with a production accident
or liquidation of the consequences of the natural disaster, to the job
requiring a profession, speciality, position, or qualification different from the profession, specialty, position or qualification specified in the labor contract, as well as a transfer to another employer may
take place exclusively by consent of the employee and upon coordination
of the officials in authority of the enterprise.
3. The temporary transfer in connection with the production needs
for the period of time not to exceed one month per calendar year shall
not require the agreement of the employee. Upon agreement between the
parties the term of such transfer may be extended.
4. A temporary transfer to another locality in connection with the
production needs may be undertaken exclusively upon agreement of the
employee.
5. In the events of the temporary transfer connected with the production needs the employee shall be paid in accordance with the work
being performed, but the remuneration may not be less than the average
remuneration for the previous work performed by the employee.
Article 111. A temporary transfer conditioned by a forced interval
in the labor process
1. A forced interval shall be regarded as a stoppage (not to exceed 6 months) in the labor process conditioned by the reasons of an organizational, economic, or natural character, or as a stoppage of work
caused through the fault of an employee.
2. In the events of the temporary transfer conditioned by a forced
interval the profession, speciality, qualification, and position occupied by the employee shall be taken into consideration.
3. During the forced interval a temporary transfer to another employer may be undertaken without consent of an employee for the period
up to one month, and in the event of a consent of the employee - for
the entire forced interval.
4. A temporary transfer to another locality in connection with a
forced interval or a transfer to the job contra-indicated to the employee's health shall not be permitted.
5. In the event of a temporary transfer in connection with a forced interval to the less paid job the employees fulfilling the output
norms shall reserve their average wages, and the employees failing to
fulfill the output norms or transferred to the work paid per hour shall
reserve their tariff rates (salaries).
Article 112. A transfer to a different job conditioned by
the state of health
1. The employer shall transfer temporarily or for an unlimited period of time the employees who need to be provided with easier work due
to the state of their health to an appropriate job chosen in accordance
with the medical conclusion and by consent of such employees.
2. In case of a transfer to easier work conditioned by the state
of health the transferred employees shall reserve their average wages
for no less than one month following the date of the transfer.
3. The employees temporarily transferred to a less paid job in
connection with tuberculosis or an occupational disease shall be given
a sick list allowance. The sum of money constituted by the allowance
plus the remuneration for the new work shall not exceed the actual wages at the previous job of the employee. In case that the employer fails to offer a new job within the term specified in the sick list, the
remuneration for the days missed as a result of such failure shall be
paid on general grounds.
4. The employees temporarily transferred to the less paid job in
connection with an injury or other damage to health associated with
their work shall be reimbursed the difference between their previous
wages and the wages at the new work (to be done by the enterprise or
the organization responsible for the damage). The difference shall be
paid until recovery or recognition of a sustainable disability or disablement.
5. Until resolving of the problem of a transfer to another work
caused by the state of health in accordance with a medical conclusion
the employee shall be released from work, and their average wages for
every business day thus missed shall be reserved.
Article 113. A temporary stoppage of the production process
1. An employer, by consent of the representative body of employees, may temporarily stop the work of some subdivisions (workshops,
sites, brigades) without decrease in the number of employees or the quantity of the staff.
2. A temporary stoppage of the production process shall be registered as a forced interval not caused by an employee provided that the
employee has informed the employer or another superior (a team leader,
a foreman, other officials) about the beginning of the forced interval
and in case of a failure to transfer the employee to another work, the
wages shall be paid on the basis of calculation of the average wages.
3. A temporary stoppage of the production process with unpaid forced interval shall be prohibited in case that the employer fails to
transfer the employees to another work.
Article 114. The responsibilities of an employer concerned with
prevention of a mass lay-off
In the events of the risk of a mass lay-off an employer, upon coordination with a trade union or another representative body of the enterprise employees and with an appropriate labor and social protection
agency, may install the following special measures:
1) limit or temporarily stop to hire new employees; quit the emp-
loyees working on the basis of plurality;
2) limit overtime work;
3) change the labor conditions in compliance with Paragraph 2 of
Article 108 of this Code;
4) temporarily stop the production process in compliance with the
provisions of Article 113 of this Code;
5) gradually release the employees from work;
6) install other measures given that they are provided by the collective contract.
Article 115. Labor relationships in the event of the replacement
of an owner and restructuring of an enterprise
1. The replacement of the owner of an enterprise (privatization of
the enterprise carried out in any form), or the letting of the enterprise on lease, as well as restructuring (consolidation, joining, splitting, or dissolution, or changes in the subordination or name of the
enterprise) in the event of absence of objections on the employee side
shall not cease the terms of the labor contract.
The labor contract shall be possible to cancel under such circumstances on initiative of the employer exclusively in the event of staff
reduction provided that the guarantees stipulated by this Code are obligatory to observe.
2. The acquisition of the assets of a liquidated enterprise and/or
declaring the enterprise bankrupt shall not cause any obligations of
the buyer associated with the labor relationships having existed at the
enterprise prior to such acquisition.
3. The new owner may, within the 6 months following the date of
acquisition of the title to property, reenter into the contracts concluded by their predecessor with the first official in authority of the
enterprise and/or the officials in response of the general management
of the enterprise, or cancel the contracts in question.
3. Cessation of labor relationships
Article 116. Cancellation of a labor contract
1. A labor contract may be canceled:
1) according to the employee's wish (Article 117 of this Code);
2) by request of the employee (Article 118 of this Code);
3) by mutual consent of the parties;
4) on the initiative of the employer (Article 119 of this Code);
5) upon expiration of the terms of the contract (Article 124 of
this Code);
6) due to the circumstances beyond the control of the parties (Article 125 of this Code);
7) on the grounds provided in the contract.
2. The labor contract may also be canceled in cases provided by
the legislation of the Kyrgyz Republic.
Article 117. Cancellation of a contract concluded for an
indefinite term according to the employee's wish
1. An employee may cancel the labor contract concluded for an indefinite term upon notification of the employer by a written application two weeks (14 calendar days) prior to such cancellation. Upon expiration of the term of notification the employee may stop work, and the
employer shall return their work-record card and make final payments.
2. By mutual consent of the parties, and/or in cases provided in
the collective contract, the labor contract may be canceled prior to
the expiration of the notification term.
3. The employee may call their application back before the expiration of the notification term, unless another candidate who may not be
rejected of conclusion of the labor contract in compliance with the legislation has been offered to occupy their position.
4. In the event of the circumstances blocking or making significantly more difficult the continuation of work (state of health, pension age, radio-active contamination of the territory, etc.) the contract
shall be canceled within the term specified in the employee's application.
Article 118. Cancellation of a fixed term labor contract by
the employee's request
1. A fixed term labor contract shall be liable to anticipatory
cancellation on the employee's request in the events of their sickness
or recognition of disability preventing them from performance of the
work provided in the contract, of violation of the labor legislation by
the employer, and/or due to other valid reasons.
2. In case that the employer rejects to cancel a fixed term contract at the employee's request the employee may settle the dispute in
court.
3. In the event of stoppage of work under fixed term contract without valid excuse specified in Paragraph I of this Article, the employee may request from the employer a reimbursement in the amount provided in the labor contract not to exceed 6 minimum monthly salaries established by the legislation of the Kyrgyz Republic.
4. The fact of violation of the labor legislation, or of the collective or labor contract shall be ascertained by the body of the state
supervision over observance of the legislation on labor, or by court.
Article 119. Cancellation of a labor contract on initiative of
an employer
An employer may cancel a labor contract concluded for an indefinite term as well as a fixed term contract ahead of time only in the following cases:
1) liquidation of the enterprise, agency, or organization, cessation of the business activities of the entrepreneur, reduction of the
quantity of personnel or staff including the cases connected with restructuring of the enterprise or changes in production and/or labor management, or refusal of the employee to proceed the work in connection to
changes in essential labor conditions. In case that the quantity of
personnel or staff is reduced the preferential right to work shall be
given to the employees of higher level labor productivity or qualification and to the employees in possession of the shares of the joint
stock company. In the events of equal labor productivity and qualification, the age, the number of dependents, and the duration of work at
the enterprise shall be taken into consideration to the benefit of the
employee;
2) the discovered unfitness of an employee to the position occupied or to the work being performed resulted from insufficient professional skills or poor state of health preventing them from continuation of
such work;
3) absence from work notwithstanding the needs of the enterprise
for the period of time exceeding four consequent months caused by the
temporary disability except the pregnancy and birth leave unless the
legislation provides longer period of reservation of a job (position)
in the event of a particular diagnosis. An employee who has lost their
ability to work as a result of a job-related injury or of an occupational disease shall reserve their job (position) until recovery or recognition of disability;
4) a single gross violation of professional duties by an employee.
A single gross violation of professional duties by an employee are
as follows: absence from work (including the absence from work for more
than three hours during the business day without any valid excuse); appearing at work being drunk or in the state of narcotic or toxic intoxication; committing an intentional damage or misappropriation of property at the working site; violation of the safety engineering rules
followed by hard consequences including injuries and accidents; divulgence of the information being a state or commercial secret. The laws
of the Kyrgyz Republic, rules, charters, and instructions on discipline
may specify other gross violations of professional duties by employees;
5) systematic violations of professional duties by an employee.
Cancellation of the labor contract conditioned by the systematic
violations of professional duties shall be permitted in case that the
employee has been disciplined prior to such cancellation.
Article 120. The procedures for cancellation of the labor contract
on initiative of an employer
1. In the event of dismissal on the grounds provided in Clauses 1,
2 and 3 of Article 119 of this Code an employer shall transfer an employee by consent of the employee to another job (including the job with
retraining).
2. A dismissal of an employee in the period of temporary disability (except the dismissal subject to Clause 3 of Article 119 of this Code) and during a leave, except the cases of complete liquidation of the
enterprise, agency, or organization, as well as cessation of the business activities of the entrepreneur shall not be permitted.
3. In the event of cancellation of the labor contract in compliance with Clause I of Article 119 of this Code (except for the dismissal
caused by the refusal of the employee to proceed work under changed labor conditions) the employer shall at least two months before the dismissal, unless a longer term is provided by the collective contract,
consult with the representative body of enterprise employees, inform
the employee by a written notice, and notify the state employment service agency on the forthcoming dismissal of the employee specifying the
profession, specialty, qualification, and wages of the employee.
4. During the notification term provided by this Article the employee shall perform their professional duties and observe the corresponding bylaws; the conditions and remuneration for work equal to the
conditions and the remuneration provided to other employees shall be
guaranteed to such employee; s/he shall not have less than one leave
day a week.
Article 121. Cancellation of a labor contract on initiative of
an employer by a preliminary consent of
the representative body of employees
The labor contract shall not be permitted to cancel on
initiative
of an employer without a preliminary consent of the trade union committee or of the appropriate representative body of employees except as
provided for by the legislation of the Kyrgyz Republic. The application
of the employer for the consent to cancel the labor contract on their
initiative shall be considered by the trade union committee or another
appropriate representative body of the employees within the seven days
following the date of submission.
Article 122. Additional grounds for cancellation of the labor
contract with particular categories of employees
1. In addition to the grounds provided in other Articles of this
Code the labor contract with particular categories of employees may be
canceled in the events of:
1) committing of misdeed by an employee who directly services financial or material values if such misdeeds provide the employer with
grounds to lose the confidence in the employee;
2) committing of an immoral action incompatible with continuation
of the given work by an employee performing educational functions.
2. The legislation of the Kyrgyz Republic may establish other additional grounds for cancellation of a labor contract with some categories of employees in the event of violation of the rules of hiring and
in other cases.
Article 123. Guarantees in the event of cancellation of the labor
contract conditioned by liquidation of an enterprise,
reduction of the quantity of personnel, or staff cuts
1. In the event of cancellation of an individual labor contract
resulted from liquidation of the enterprise, reduction of the quantity
of personnel, or staff cuts (Clause I of Article 119 of this Code), an
employee shall be paid a discharge pay (Article 126 of this Code).
2. The laws and other legislation of the Kyrgyz Republic and labor
contracts may provide longer terms of reservation of the average wages
for a dismissed employee for the period of looking for a new job.
Article 124. Cancellation of the labor contract concluded for
a fixed term or for the term of performance of
a particular work
1. The labor contract concluded for a fixed term shall be canceled
upon the expiration of such term.
2. Either party shall notify the counterpart in writing on its unwillingness continue the labor contract concluded for a fixed term or
to reenter into such contract for a new term at least 3 days prior to
the expiration date of the contract.
3. The labor contract concluded for the period of absence of an
employee who reserves their job (position) shall be canceled on the date of return of the employee to the work.
4. The labor contract concluded for the period of implementation
of particular work shall be canceled on the date of completion of such
work.
Article 125. Cancellation of the labor contract under
the circumstances beyond control of the parties
A labor contract shall be subject to cancellation under the follo-
wing circumstances beyond control of the parties:
1) a call-up of an employee for active military or alternative
service, a transfer of a spouse for service in another locality;
2) reinstatement of an employee in implementation of their work;
3) violation of the established rules of hiring;
4) coming into effect of the court sentence excluding continuation
of work;
5) employee's refusal to continue work under changed labor conditions.
Article 126. A discharge pay
1. A discharge pay shall be paid in cases provided in this Code or
in a collective agreement.
2. An employee shall be paid a discharge pay in the event of cancellation of the labor contract on the grounds specified in Clauses I
and 2 of Paragraph 1 of Article 119, and Clauses 1, 2 and 3 of Article
125 of this Code, and/or in the event of violation of the legislation
on labor, or of the collective or labor contract (Article 114 of this
Code) by the employer.
3. The amount of the discharge pay shall be calculated by multiplying of one quarter of the average monthly wage of employee by the quantity of complete years of work at the enterprise, agency, or organization; the discharge pay shall not be less than the average monthly
wage of the employee.
4. The amount of the discharge pay may be increased depending on
duration of work for a given employer in the period and on the conditions provided by the collective contract or agreement.
Article 127. Removal from work
1. On the request from the authorized state bodies in cases provided by this Code an employer shall remove an employee from work.
2. In addition to the cases provided in Paragraph I of this Article of the Labor Code an employer shall not permit to work (shall remove
from work) on the corresponding day (shift) an employee who:
1) attended the work in the state of alcoholic, narcotic or toxic
intoxication;
2) failed to pass the examinations on the rules of labor safety
and safety engineering;
3) did not use individual protection facilities;
4) failed to pass medical check in case that such check is obligatory in accordance with the legislation and/or with the labor safety
rules;
5) was detained at the moment of committing a steal at the working
site until a court sentence or a statement of the body competent to impose an administrative punishment comes into effect.
3. The wages shall not be accrued for the period of removal from
work unless this Code provides otherwise.
Article 128. A work-record card
1. A work-record card is the major document on the labor activities of an employee.
2. The procedure for maintenance of work-record cards shall be established by the Government of the Kyrgyz Republic.
3. An employer (including individuals) shall issue a workrecord
card for any employee working for them for more than 5 days.
4. The dates on the employee, on the work being performed by them,
and on the upgrading of their professional skills and retraining shall
be entered in the work-record card.
5. The records of punishments shall not be entered in the work-record card.
6. The records of the reasons for dismissal shall be made in the
work-record card precisely as formulated in this Code and with reference to the corresponding Article and Clause.
7. In the event of cancellation of the labor contract caused by
sickness, recognition of disability, retirement by age, admission to
the full-time educational institution or post-graduate (doctorate) courses, and/or other reasons, which according to the legislation are associated with certain privileges and benefits, the record of dismissal
shall specify such reasons.
8. In the event of cancellation of the labor contract the workrecord book shall be handed in to the employee on the last day of work.
In the event of delay in providing with the work-record book through
the employer's fault the employee shall be paid the average daily remuneration for every day of the delay.
Article 129. Issuance of the documents on the work and wages
An employer at request of an employee including a former employee,
shall issue within 5 days a certificate specifying the specialty, professional skills/qualifications, position, period of work, and wages of
the employee; a reference containing the information on the professional skills of the employee and on their attitude to work, and other documents provided by this Code.
Chapter VIII
Business hours
Article 130. Business time and its quotas
1. The time during which an employee must be subordinate to their
employer for the performance of the professional duties shall be considered the business time.
2. The business time shall be standardized by setting quotas for
its duration per calendar week (a business week) and per day (a business day, a working shift).
3. The business time shall be standardized taking into account the
limitations established by this Code and by the collective contract.
Article 131. Standard length of the business time
1. The length of the business time which is equal to its full (Article 132 of this Code) or reduced (Articles 133 and 134 of this Code)
quota established in accordance with this Chapter shall be considered
standard.
2. In cases where an employer has not determined, or the collective contract has not provided the length of a business week, its maximum
length provided by Articles 132 and 134 of this Code shall be considered the established norm.
Article 132. Full length business time
The full length of the business time may not exceed 40
week, except as provided in this Code.
hours
per
Article 133. Reduced business time for the employees on the jobs
with harmful for health or dangerous labor conditions
or at hard works
1. A reduced length of the business time not to exceed 36 hours
per week shall be established for the employees working under harmful
for health or dangerous conditions, and at hard works.
2. The total length of the business time given that the time of
delivery of an employee to the working site under the earth surface and
back is included, may not exceed 38 hours 45 minutes per week.
3. The list of productions, workshops, professions, and/or positions with bad for health or dangerous labor conditions, and of hard
works giving the right for the reduced business time shall be set in
compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 134. Reduced business time for particular categories
of employees
1. Short business hours shall be established for the employees under 18 years of age: for the persons from 14 to 16 years of age not to
exceed 24 hours per week; from 16 to 18 years of age not to exceed 36
hours per week.
2. The length of the business time of the students combining work
with studies during an academic year may not exceed a half of maximum
length of the business time provided by Paragraph I of this Article, or
established for the persons of the corresponding age.
3. Short business time not to exceed 36 hours per week shall be
established for the disabled of groups I and II.
4. The length of the business time for the persons working in the
area of evacuation of population (resettlement) in connection with increase of radio-activity or pollution of the territory (including the
persons temporarily sent on mission to such areas) may not exceed 36
hours per week and 6 hours per day.
5. For the particular categories of employees (in addition to the
categories specified in this Article) short business time may be set in
compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 135. Quotas of the Length of Daily Work (Shift)
1. The duration of daily work (shift) shall be determined by the
rules of internal labor regulation (bylaws) or by the work schedule
(shifting) observing the standards of the business week length established by an employer in compliance with Articles 132-136 of this Code.
2. For the employees of 14-16 and 16-18 years of age the quota of
daily work (shift) length may not exceed 5 and 7 hours respectively.
3. For students of general education institutions and professional
colleges from 14 to16 years of age combining studies and work during an
academic year the length of daily work (shift) may not exceed 2.5 hours, and from 16 to 18 years of age - 3.5 hours correspondingly.
4. For the six day business week the length of daily work (shift),
in cases where the weekly quota comprises 40 hours may not exceed 7,
and in cases where the weekly quota is 24 hours - 4 hours.
Article 136. The duration of work on pre-holidays
1. On pre-holiday days the length of work of employees except for
the categories of employees specified in Articles 133-134 of this Code
shall be reduced by one hour.
2. In cases where the working shift is impossible to reduce on
pre-holidays due to the production conditions, an employee shall be given an additional day off upon accumulating sufficient quantity of the
overtime hours, which may be paid as over-time work given that the employee gives their consent to it.
Article 137. Night time work
1. In case of work at night time the length of work (shift) shall
be reduced by one hour along with the corresponding reduction of the
business week.
This rule shall not apply: to the employees for whom the reduction
of a business week has been provided (see Articles 133 and 134 of this
Code); when such a reduction is impossible because of production needs
providing a permanent production process; to an employee who has been
hired to perform exclusively night time work.
2. The night work even in case that it covers only a part of the
business day or shift shall be prohibited to:
1) pregnant women;
2) women nursing a child;
3) employees under eighteen.
3. The women who have children/a child under three years of age
may be attracted to night time work exclusively upon their agreement.
4. The disabled may be attracted to night work exclusively upon
their agreement provided that such work is not prohibited to them by a
medical conclusion.
5. The time from 10 p.m. till 6 a.m. shall be considered night time.
Article 138. Short business hours
1. A short business day or business week may be set by mutual consent of an employee and an employer when hiring the employee and/or afterwards.
2. The remuneration for work in such cases shall be paid either
proportionally to the business time or depending on the production output.
3. A short business day shall not result in any limitations of the
length of the annual leaves of the employees, calculation of the time
record, or of other labor rights.
4. In the event of a short business day the quota of daily work
length established by the bylaws or by the work schedule made by the
employer shall be reduced. In the event of a short business week the
number of business days in a week shall be cut. Short business time may
also be based on simultaneous reduction of the daily work length quota
and of the number of business days in a week.
5. The agreement on the short business time may be concluded for a
fixed or for an indefinite term.
Article 139. Overtime work
1. The work implemented on proposal or instruction or with acknowledgment of an authorized official beyond the established standard
length of business time (Article 131 of this Code) provided in the bylaws or by the shift schedule, shall be considered the overtime work.
2. The work beyond the established standard length of business time which has been implemented by an employee on their own initiative
without proposal, instruction or acknowledgment of a corresponding official, shall not be considered the overtime work.
3. The work beyond the established standard length of business time shall not be considered over-time work in cases where it is performed:
1) by doctors and/or medical staff of the medium rank substituting
temporarily absent (due to sickness, a business trip, etc.) employees;
2) by the employees working on the basis of plurality for the same
or another employer beyond the business hours of the full-time work.
Article 140. The limitations of overtime work
1. An employee shall be permitted to work overtime exclusively
upon their agreement and upon permission of a corresponding elective
body of the trade union or of another representative body of the employees of an enterprise, agency, or organization, except as provided for
in Article 141 of this Code and by the collective agreement.
2. The following categories of employees shall not be allowed to
over-time works:
1) pregnant women;
2) persons under eighteen years of age;
3) persons suffering the TB active form;
4) persons exempted from over-time work by a medical conclusion;
5) other categories of employees in compliance with this Code.
3. Women having children under three (disabled children under sixteen) years of age and disabled persons may work overtime exclusively
upon their consent, besides, the disabled - exclusively upon the condition that such works are not prohibited to them by a medical conclusion.
Article 141. Extraordinary cases when overtime Is permitted
without the agreement of an employee
The overtime work without the agreement of an employee shall be
permitted in the following extraordinary cases:
1) in the events of the works aimed at immediate liquidation of
the consequences of a social or a natural disaster, or of a production
accident, at prevention of accidents or at provision of urgent medical
assistance by employees of the health care institutions;
2) in the event of the works aimed at satisfaction of the needs of
society on water supply, gas supply, heating, lighting, sewerage,
transportation, or communications systems - for removing of the accidental or unforeseen circumstances which prevent the specified systems
from regular functioning.
Article 142. Overtime limit
1. The overtime work of any employee may not exceed 4 hours every
two consequent days and 120 hours a year.
2. This limit is not applied to the over-time works performed in
cases provided by Article 141 of this Code.
3. The Government of the Kyrgyz Republic may reduce the overtime
limits for an indefinite period for the entire country and/or for particular industries or territorial units in order to raise the potentials for employment of the unemployed.
4. An employer shall keep and maintain accurate records of overtime work performed by any employee. The information on the amount of the
overtime shall be provided to the employee upon their request.
Article 143. Business time schedule
1. The procedure established by an employer for the distribution
of daily and weekly length of the business time quotas per day, week,
or other calendar periods is a business time schedule.
2. The business time schedule shall set the time of the beginning
and the end of a business day (working shift), the time of lunch and
other breaks, shifts-turns, and the business and leave days.
3. The business time schedule of employees shall be based on the
labor regime for a certain employer.
4. The business time schedule of employees shall be fixed in the
bylaws or in the time-tables of works (shift turns time-tables).
5. The time-table of works (shift turns time-tables) shall be approved by the employer upon consultations with the trade union or another representative body of the employees.
6. The employee shall be acquainted with the established business
time schedule at least two weeks prior to the day on which it comes into effect.
Article 144. Five-day and six-day business week
1. A five-day business week with two days off or a six-day business week with one day off may be established by an employer upon consultations with the trade union or another representative body of the
employees.
2. In case that under the five-day week labor regime the number of
business hours of five business days is less for a calendar week than
the weekly quota, the difference shall be covered upon its accumulation
at the expense of one or two days off (except for Sundays) of particular weeks. The days under consideration shall be entered in the time-table of works as business days.
3. In the events of a five-day and six-day business weeks the number of business hours according the time table (shift turn timetable)
shall correspond to the estimated business time quota to be set for
every calendar year in compliance with the procedure established by the
Government of the Kyrgyz Republic.
Article 145. The business time schedule of shift work
1. The business time schedule of shift works shall be based on the
shift turn time-tables (Article 143 of this Code).
2. The employees shall be distributed to shifts in proper turn.
3. The minimum length of daily recreation between the shifts (from
the end of one till the beginning of another shift) together with breaks for rest and meals may not be less than double length of business
time of the shift which precedes the period of recreation.
4. In case that the shift length exceeds eight hours the reduction
of length of the daily recreation between the shifts shall be covered
by extending the period of weekly recreation.
Article 146. Summed-up recording of business time
1. At the enterprises, agencies and/or organizations with a permanent labor process, and wherever the production (labor) conditions make
the established for the certain category of employees quota of daily or
weekly business time either impossible or economically inexpedient to
observe, the summed-up record of business time may be introduced.
2. The daily of weekly business time in the event of the summed-up
record of business time may be less or more than the quota of the hours
comprising a business day or a business week.
3. The total number of business hours for the accounting period
shall be equal to the hours quota for such period calculated in compliance with the provisions of Articles 132-137 of this Code.
4. In the event of the summed-up recording of business time the
period in the limits of which the average length of a business day and
of a business week established for a particular category of employees
must be observed, shall be considered the accounting period.
5. The accounting period may be determined by calendar periods or
by the period of implementation of certain work.
6. The quota of business time hours for the accounting period
shall be calculated by multiplying of the quotas of the business day
(shift) hours according to the time-table of works or to the business
time schedule, taking into account the reduction of business time on
holidays and at nights (Articles 136 and 137 of this Code), by the number of business hours in the reviewed period.
7. The summed-up recording of business time may be introduced by
an employer upon consultations with the trade union or another representative body of employees.
Article 147. Dividing of a business day into parts
1. Wherever the production or other conditions make it necessary,
a business day may be divided into parts with a break between them. In
this case the total length of business time may not exceed the established length of daily work. The number of breaks may not be more than
two including the break for rest and meals, and the total length of the
breaks may not exceed 4 hours.
2. A decision on dividing of a business day into parts may be taken by an employer upon consultations with the trade union or another
representative body of the enterprise employees.
3. The business time shall not include the time of daily breaks.
Article 148. A flexible business time schedule
1. The flexible business time schedule shall set the time of obligatory presence at the working site (fixed time) and flexible (variable) time when an employee may at his discretion come and leave the
work.
2. The length of fixed time and of any part of the flexible time
shall be determined by an employer taking into account the opinion of
the employees.
3. The maximum length of the flexible time may not exceed ten hours for a business day, and the total number of business hours for the
accounting period shall be equal to the hours quota for such period.
4. The flexible business time schedule may be introduced by an
employer upon consultations with the trade union or another representa-
tive body of the employees.
Article 149. Utilization of business time
1. Employees shall come to work on time, observe the established
business time quota, and spend the business time entirely on the performance of their duties.
2. An employer shall establish the conditions for the productive
utilization of business time, particularly:
1) before the work starts timely acquaint the employees with their
tasks, provide them with the work stipulated by the labor contract during the entire period of the established business time;
2) to maintain machines, tools, instruments, and other equipment
in good condition, to provide necessary means of communication, computing and managing, and reserves of raw materials and materials required
for uninterrupted and rhythmic work.
3. It shall be prohibited to distract the employees during the business hours from the performance of their direct duties, to call up or
take from work for performance of the social duties and actions not associated with production activities, except as provided in this Code.
Article 150. The responsibilities of an employer referred
to recording of business hours
1. An employer shall organize recording of arrival and departure
of an employee.
2. Before starting the work and upon its completion an employee
shall record their arrival and departure in compliance with the procedure established by the employer.
3. The arriving and leaving records shall be made in the tables of
utilization of business time complying with the established forms, in
annual table cards, and/or in the documents other than the documents
specified by this Paragraph.
4. The actual business time which includes both worked-off and not
worked-off time shall be liable to recording.
5. The over-time work and business trips as well as the time-work
of the employees paid per hour shall be included in the worked-off time
as separate records.
6. The paid and non-paid time, and the losses in business time made with or without the fault of an employee shall be marked out within
the composition of not worked-off time.
7. The actual time shall be recorded from the moment of arrival to
the working site according the business time schedule, the shift turn
time-table, or a special instruction of the employer till the moment of
actual finishing of work on the same business day (shift).
8. The time of performance of both major and preparatory/concluding operations (receiving orders, materials, tools, acquainting with
equipment or with documents, preparing and cleaning the working place,
handling of ready production, etc.), and the break-time provided by
technology, labor management, the rules of the labor technical quoting
and safety, and in the event of absence of such rules - by the employer
upon consultations with the trade union or other representative body of
employees - shall be recorded as the actual worked-off time.
9. The actual time shall not include or record the time of: transportation from the place of residence (the place of meeting) to the
place of permanent work and back, and the time required to pass from
the control post to the working site, to change before and after work,
or to register a departure.
10. The time of forced intervals shall be recorded on the basis of
the forced interval sheets, accumulating sheets, and other documents.
11. The interval within a shift shall be recorded as forced five
minutes after it starts.
12. Attraction of employees to performance of other works during
the forced interval shall not be recorded in the forced interval sheets
and shall be formalized by issuing of single time orders.
Chapter IX
Breaks during business day;
days off and holidays
Article 151. Breaks for rest and meals during a business day
1. During a business day an employee shall be given a break for
rest and meals for not less than 20 minutes and no more than 2 hours
unless the collective contract provides otherwise.
2. The break for rest and meals as a rule shall not be set later
than 4 hours after the beginning of work.
A later break may be permitted in the event of summed-up recording
of business time with the length of daily work over 8 hours.
3. The time of the beginning and the end of the break shall be determined in the bylaws or in the time-table unless the parties agree
otherwise.
4. The break shall be permitted to divide into two parts.
5. The time for a lunch break may be determined for all the employees or separately for structural subdivisions, teams, or particular
groups of employees.
6. Wherever a break is impossible to introduce due to the trade
conditions an employee shall be provided the opportunity to have a meal
within the business time. A list of such works and the procedure and
place for meals shall be established in the corresponding bylaws.
Article 152. Utilization of breaks for rest and meals
1. An employee may use a break for rest and meals on his discretion.
2. During the break an employee may leave the working site.
3. The right to go outside an enterprise, agency, or organization
may be limited by bylaws.
Article 153. Inclusion of breaks for rest and meals in business
time
1. A break for rest and meals shall not be included in the business time.
2. The time required to have a meal at the working site within a
business day provided by clause 6, Article 151 of this Code shall be
included in the business time.
Article 154. Additional special breaks during a business day
Special breaks during a business day provided in addition to the
breaks for rest and meals shall be regulated by Article 336 of this Code.
Article 155. Length of daily recreation
The period of daily recreation of an employee from the end of work
till its beginning on the day (shift) following the day on which the
work ended shall not be less than 16 hours.
Article 156. Days off
1. The days of weekly rest shall be considered days off.
2. In the event of a five-day business week two days off shall be
provided every calendar week, excluding the weeks when the time-table
provides the reimbursement of underworked weekly quotas of business time on one of Saturdays. In such week one day off shall be provided.
3. In the events of 6-day business week one day off shall be provided.
4. The common day off is Sunday, except as provided by Article 159
of this Code.
5. Sunday may be declared a common business day exclusively by the
Government of the Kyrgyz Republic.
6. The second day off in the event of a five-day business week may
be established by the bylaws or time-tables unless the parties agreed
otherwise.
7. The second day off for the employees of the bodies of state governance and administration shall be set in compliance with the procedure established by the Government of the Kyrgyz Republic.
8. The collective or labor contract (contract on labor) may provide the obligation of an employer to give two consequent days off in case of a five-day business week.
9. In case that an employer transfers on another date the day off
set by the bylaws or by the time-table, such transfer shall be considered the amendment of the documents specified in this Paragraph which
may be permitted in compliance with the procedure established by Articles 161 and 162 of this Code.
10. Days off shall be provided at least upon every six consequent
business days.
Article 157. The right to days off
1. Any employee (including the employees with irregular business
hours) shall have the right to days off unless otherwise provided by
this Code.
2. An employee may use days off on their own discretion.
3. An employee on business trip shall be given days off in accordance with the time-table (business time schedule) set by the employer
to whom s/he has been sent. In cases where the employee has been specially sent on mission on his day off or is obliged by the employer to
leave for a business trip on such day s/he shall be given a compensatory leave upon his arrival from the business trip.
Article 158. The length of weekly permanent recreation
1. The length of weekly permanent recreation may not be less than
42 hours.
2. The length of weekly permanent recreation shall be calculated
in accordance with the time-table (business time schedule) from the end
of a business day (shift) preceding the day(s) off till the beginning
of a business day, including the break for rest and meal on the day
preceding the day off.
3. In the event of multiple shifts of the business time schedule
set by the employer, as well as in the event of summed-up recording of
business time the minimum length of weekly recreation may be calculated
on the average for the recording period.
Article 159. Days off at the enterprises, agencies,
or organizations with permanent labor process
At the enterprises, agencies, or organizations with permanent production and technologic cycle (metallurgy, chemical production, agriculture, etc.), and wherever permanent servicing of population, enterprises, agencies, or organizations is performed (power stations, telegraphs, post offices, emergency, medical service, transportation, servicing of basic production enterprises, etc.), days off may be given to
employees on different days of a calendar week by turn to every group
of employees according to the timetable of works.
Article 160. Days off at the enterprises, agencies, or
organizations permanently servicing the population
on Saturdays and Sundays
At the enterprises, agencies, or organizations permanently servicing the population on Saturdays and Sundays (enterprises of trade,
every day services, theaters, cinemas, museums, etc.) the days off (day
off) shall be set on the days of a week other than Saturday or Sunday
in compliance with the procedure provided by Articles 157 and 158 of
this Code and taking into account the recommendations of the local self
government bodies.
Article 161. Work on days off by consent or on initiative of
an employee
1. Work on days off may be permitted in the events of proposal of
an employer and by consent of an employee, or on initiative of an employee agreed by the employer, except as provided by Article 162 of this
Code.
2. In case that several employees or groups of employees are attracted to work on days off the employer shall receive agreement from
every of them.
3. The necessity to perform work on a day off by consent or on
initiative of the employee may be determined by the employer.
Article 162. Extraordinary cases attraction to work on a day off
without the employee's consent
An employer may attract an employee to work on a day which, according the time-table (business time schedule), is the employee's day off
without consent of the employee in the following extraordinary cases:
1) for performance of works required for immediate liquidation of
the consequences of a social or natural disaster, and for prevention or
liquidation of the consequences of a break down;
2) for prevention of accidents;
3) for liquidation of accidental or unforeseen circumstances which
may stop or have stopped regular water or gas supply, heating, lighting, sewerage, transportation, or communications systems;
4) for execution of emergent medical aid by medical staff.
Article 163. The maximum number of days off on which employees may
be attracted to work
1. The maximum quantity of days off on which an employee may be
attracted to work shall not exceed 12 days off per year.
2. The maximum quantity of days off shall not include the days off
when the employee was enlisted for work in accordance with Clause I,
Article 162 of this Code.
Article 164. Registration of attraction to work on a leave/day off
Attraction to work on a day off shall be formalized by
order (instruction) of an employer.
a
written
Article 165. Reimbursement for work on a day off
1. The work on a day off may be reimbursed by mutual consent of
the parties by providing another day off or by prolongation of the annual leave for the corresponding number of days.
2. Saturday may be declared a business day for all employees exclusively by the Government of the Kyrgyz Republic.
3. In cases where an employee is obligatory to attract to work
(Article 162 of this Code), but the parties fail to agree on the type
of reimbursement, work on a day off shall be reimbursed by an extra day
off, unless the collective contract provides otherwise.
Article 166. Holidays
1. The following holidays shall be free from work:
January 1 - New Year;
March 8 - Women's Day;
March 21 - People's Holiday of Nooruz;
May 1 - Labor Day;
May 5 - Constitution Day of the Kyrgyz Republic;
May 9 - Victory Day;
August 31 - Independence Day of the Kyrgyz Republic.
The Muslim holidays of "Orozo Ait" and "Kurman Ait" determined according the lunar calendar and also Orthodox Christmas (January 7)are
non-working days.
November 7 - The Day of the Great October Socialist Revolution.
2. The works impossible to stop due to the specifics of the trade
and/or technology (enterprises, agencies, or organizations with permanent labor process); the works requiring permanent servicing of the population, enterprises, agencies or organizations, and/or emergency repairs and loading and unloading operations shall be permitted to perform on holidays.
3. The works impossible to stop due to the specifics of the trade
and technology, and the works requiring uninterrupted servicing of the
population, enterprises, agencies, or organizations shall be planned in
the time-tables of works (shifts) in advance on account of monthly quota of business time.
4. Emergency repairs and loading and unloading works may be performed on holidays according the approved schedule or on the instruction of an employer in cases where they are impossible to foresee.
5. In the events of coincidence of a day off and a holiday, the
day off shall be postponed till the working day following the holiday.
Chapter X
Labor and social leaves
Article 167. The right to labor and social leaves
The employees shall have the right to labor and social leaves on
the grounds provided by this Code.
Article 168. The concept and the types of leaves
1. By a leave the release from work, under a labor agreement, for
a fixed period of time for recreation and other social purposes given
that the work and remuneration for work prior to the leave are reserved
as provided by this Code, shall be meant.
2. Employees may be given the following types of leaves:
1) labor leaves:
principal minimum leaves;
principal extended leaves (in the events of specific labor conditions, for the work in the radioactive pollution areas);
additional leaves (for specific labor conditions, encouraging leaves);
2) social leaves:
maternity leaves;
the leaves conditioned by the simultaneous studies (education leaves);
the leaves aimed at performance of the creative activities;
the leaves by valid reasons of private character or family needs;
the pregnancy and birth leaves.
Article 169. Calculation of the length of a leave
1. The length of the employee's leave according to a general rule
shall be calculated by business weeks or by a business month.
2. In cases where the legislation or a collective contract provides the length of a part of a leave less than one business week, such
part shall be calculated by business days.
3. The total length of the principal and additional leaves in such
cases shall be calculated by business weeks plus business days.
Article 170. Formalizing and recording of leaves
1. Leaves shall be formalized by a leave order (instruction, decision) or a leave note signed by an authorized official on behalf of the
employer.
2. A sample form of the leave note shall be set in compliance with
the procedure established the Government of the Kyrgyz Republic.
3. An employer shall insure recording of leaves.
1. Labor leaves
Article 171. The purpose and general terms of labor leaves
1. The purpose of the labor leave are: the rest and recreation of
the capacity for work, strengthening of health, and other personal needs of an employee.
2. The labor leave shall be given for a year work (annually) re-
serving
3.
for the
on, and
the previous work and the average wages.
The previous work means the work performed prior to the leave,
same employer, by the same specialty, position and qualification the same working site.
Article 172. The right to a principal leave
Employees regardless of the person of their employer, of the type
of the concluded labor contract, and/or of the type of organization of
labor and remuneration for work shall have the right to a minimum or
extended principal leave.
Article 173. The length of a principal leave
1. The length of a principal minimum leave may not be less than 4
business weeks.
2. The principal minimum leave shall be obligatory to give to any
employee.
3. The enterprises and businessmen implementing their activities
without being legal entities may independently determine the terms and
the procedure for prolongation of the length of the principal leaves of
their employees over 4 business weeks.
4. The terms and the procedure for the prolongation of the minimum
principal leave shall be determined by the collective contract, and in
cases where the collective contract has not been concluded - by the labor contract.
Article 174. The principal extended leave over 4 business weeks
1. The principal extended over 4 business weeks leave may be provided to:
1) the state employees - for thirty calendar days. In the events
of the over five, ten, or fifteen year experience within such structures the paid leave shall be extended respectively by two, four, and six
calendar days;
2) medical and pharmaceutical staff, unless they have the right to
the principal extended leave on other grounds provided by this Code;
3) scientists and other specialists doing scientific research for
the scientific, scientific-research and other equated with them institutions unless this Code provides other grounds of the right to the
principal extended leave for such employees;
4) employees of forestry and timber industry enterprises - in accordance with the professions and positions list set by a collective
contract.
Article 175. The principal extended one month leave
1. A principal extended one month leave may be provided to:
1) the employees under 18 including the employees hired for vocational training
2) the employees recognized as disabled.
2. In case that an employee has reached the age of 18, or his disability is canceled within the business year for which the extended
beneficial leave is to be provided the length of such leave shall not
be reduced.
Article 176. The principal extended leave for the special type of
work
1. A principal extended leave for the special type of work may be
given to:
1) the teachers and tutors of educational institutions of any type
including the training, retraining, and skill upgrading institutions as
well as the institutions equated to them (children's homes, health care
institutions, etc.) providing educational services - up to eight but
not less than six business weeks;
2) the first officials in authority and other head officials of
the educational and the equated to them institutions (see clause I of
this Article) - up to eight but not less than five business weeks;
3) the first officials and teachers, educators, specialists on
educational methods performing the educational and methodological functions in the children pre-school and out-school institutions, - up to
six but not less than five business weeks;
4) the scientists an other specialists carrying out scientific research for the leading scientific, scientific-research and other equated to them institutions - up to eight but not less than five business
weeks;
5) the first officials in authority and other head officials of
the institutions specified in clause 4 of this Article, provided that
such officials directly perform scientific and research work - up to
eight but not less than six business weeks;
6) the governmental employees/officials including the Deputies of
the Jogorku Kenesh of the Kyrgyz Republic working on a permanent basis
- thirty calendar days. In the events of the over five, ten, and fifteen year work experience within such structures the paid leave may be
prolonged for two, four, and six calendar days respectively;
7) the actors and artists of theaters and show business, television, radio and cinematography - up to six business weeks but not less
than thirty calendar days;
8) the pilots and test-pilots - up to eight but not less than six
business weeks, and other employees executing the work on board of aircraft, - up to six business weeks but not less than thirty calendar days;
9) the controllers managing the air traffic - up to six but not
less than five business weeks;
10) the drivers of city public transportation, the individual categories of railway and other types of transportation being in direct
connection with traffic - up to five business weeks but not less than
thirty calendar days;
11) the shepherds (yak herdsmen, herdsmen) and other employees of
migrating stock-breeding and other agricultural enterprises run by the
State, the employees working on growing, harvesting and post-harvest
processing of tobacco - up to eight but not less than six business weeks;
12) the employees executing works at the altitude: above 2000 m up to six but not less than five business weeks; above 3000 m - up to
twelve but not less than ten business weeks; above 3500 m - up to eighteen but not less than fifteen business weeks; above 4000 m - up to
thirty but not less than twenty business weeks;
13) other categories of employees in compliance with this Code.
2. The list of the agencies and institutions, of the professions
and positions, and of the grounds and duration of leaves provided by
Paragraph I of this Article shall be set in compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 177. The principal extended leave for the work in
radiation pollution areas
1. The principal extended leave for the work in the radiation pollution areas may be given to the employees working:
1) in the areas of the urgent and proceeding resettlement - six
business weeks and two business days;
2) in the areas with the right of resettlement - five business weeks and two business days;
3) in the areas under periodical radiation check - four business
weeks and two business days.
Article 178. The additional leaves for the work under harmful
for health and/or specific labor conditions
1. The additional leaves for the work under harmful to health
and/or specific labor conditions may be provided to:
1) the employees working under harmful to health labor conditions
(the lists of works, trades and professions (positions) with bad for
health conditions, and indices of harm shall be set in compliance with
the procedures established by the Government of the Kyrgyz Republic);
2) the employees of the expeditions, subdivisions, groups, teams,
and site and field bases implementing the geological exploration, prospecting and topographic works;
3) the employees working directly in the technological process of
timber industry and forestry;
4) the district therapeuists and pediatricians;
5) the doctors and the medical staff of the medium rank of the mobile teams of first aid and emergency ambulances, of the stations of
sanitary aviation, and of the departments of regular and emergency consulting services;
6) the women working as tractor drivers or machinists of construction, road, and loading and unloading machines;
7) the workers working directly with textile machines;
8) the engineers and technicians servicing the aircraft.
2. The duration and terms of provision of additional leaves for
the work under bad for health and specific labor conditions shall be
determined by a collective contract (agreement), and in case that such
contract (agreement) is not concluded - directly by the employer on
their own initiative or by proposal of the employees or of the representative body of the employees.
Article 179. Additional encouragement leaves
1. The purpose of additional encouragement leaves is to stimulate
the long permanent work for the same employer, the work under less favorable business time regime, and/or the nonprestigious specialties
work; the achievement of better results of work, the implementation of
important, complicated or urgent works, etc.
2. The additional encouragement leaves may be provided by a collective contract (agreement) or by an employer to every employee, the
individual categories of employees (according the type of specialties,
trades, works, or subdivisions), and on an individual basis - by a labor contract.
3. The encouragement leaves may be provided for an indefinite or
for a fixed term and for the term of execution of particular work.
4. The terms and duration of the additional encouragement leaves
may be provided by the collective contract (agreement), the regulations
approved by an employer upon consultations with the trade union or
another representative body of the employees, or by the labor agreement
or another individual agreement on labor.
5. The additional encouragement leaves at the enterprises run by
the State may not exceed one business week.
Article 180. Invalidity of the agreement between an employer and
an employee on refusal of the employee from the right
to the labor leave
The agreement between an employer and an employee on refusal of
the employee from the right to the principal and/or additional labor
leaves (except the encouragement leave) shall be considered invalid.
Article 181. Reimbursement of a leave with money
1. The principal and/or additional labor leaves except for three
business weeks shall be permitted to reimburse with money by agreement
between an employee and an employer.
2. The reimbursement of the leaves given in advance shall not be
permitted.
3. The reimbursement of a part of a leave may be performed on a
written request of the employee.
Article 182. Summing-up of labor leaves
The additional leaves shall be added to the principal leave unless
this Code or collective contract provides otherwise.
Article 183. A business year
A business year for which a labor leave may be given is a period
of time equal to a calendar year but calculated individually for every
employee starting from the date on which the employee is hired.
Article 184. The periods of time to be included in a business year
1. The business year for which a leave may be given shall include
all the actually worked off time.
2. The actually worked off time is:
1) the time when an employee does not work but according to the
legislation or to the collective contract reserves their job and wages
prior to such an interval, or is paid a state social insurance allowance, except for the time of a maternity leave provided for nursing a
child under 3 years of age;
2) the time of leave without reserved remuneration for work and
state social insurance allowances provided that such leave does not exceed two business weeks per business year;
3) the time of paid forced absence from work;
4) other periods of time, which do not comply with the provisions
of clauses 1-3 of this Article, provided to include in a business year
by the legislation or by the collective contract.
Article 185. The particularities of calculation of a business year
for additional leaves
The particularities of calculation of a business year for the additional leaves for the work under bad for health or other extraordinary labor conditions, and for encouraging leaves shall be determined by
a collective contract or regulations approved by an employer upon consultations with the trade union or another representative body of the
employees unless such particularities are provided by the legislation.
Article 186. The right of an employer to move a business year
In cases where the sum of the periods of time to be included in a
business year in compliance with the provisions of Article 185 of this
Code is less than 12 full months the employer may move the employee's
business year for the time missing.
Article 187. The terms of the first business year labor leaves
1. The labor leaves (principal and additional) for the first business year as a rule may not, and at the enterprises, agencies, or organizations run by the State shall not be given earlier than upon six
months of work for the same employer.
2. Prior to the expiration of a six months period an employer
shall give labor leaves by request of an employee:
1) to women - prior or upon the pregnancy and birth leave;
2) to persons under 18 years of age;
3) to the employees who in compliance with the legislation may take a labor leave at the time convenient for them (The Great Patriotic
War veterans and the persons equated to them in terms of privileges;
the women who have two and more children under 14 years of age; the
persons having suffered repression in the 1920-1980-s, etc.);
4) the employees provided on the basis of a medical conclusion
with a place in a sanatorium or at a health resort for medical treatment;
5) the persons combining jobs on a basis of plurality, in case
that the leave at the principal job falls on the period less than six
months of work at the secondary job;
6) in other cases provided by the collective or labor contract.
3. In the event of advanced provision of leaves for the first business year prior to the expiration of six months of work the minimum
leave may be given. The unused portion of the leave may, by mutual consent of the parties, be given upon the expiration of the six months period within the first business year, or be added to the leave for the
business year following the first business year.
4. A leave proportional to the worked off part of a business year
but not less than two business weeks may be provided except as provided
for in clauses 1-5 of Paragraph I of this Article.
5. In the events of advanced provision with principal leaves prior
to the expiration of the six month period of the first business year
the additional labor leaves reserved by an employee may be given proportionally to the worked off part of the business year unless the collective contract or the agreement between the employer and employee
provides otherwise.
Article 188. The terms of the labor leaves for the second year and
for the years following the second business year
1. The labor leaves (principal and additional) for the second
and
for the years proceeding the second business year may be given at any
time, including advance leaves, during a business year, with full length and reservation or the average wages for the entire period of the
leave, unless the legislation or collective contract provides otherwise.
2. An advanced leave for a business year which did not start as of
that time shall not be permitted.
Article 189. The turn of labor leaves
1. The turn in which labor leaves are to be given may be determined by an employer upon consultations with the representative body of
employees or individually - by the employer upon agreement with an employee.
2. The leave schedule shall be developed for a calendar year not
later then January 5 or not later than another date provided by a collective contract or coordinated by the employer and the trade union or
another representative body of the employees.
3. The additional leave may be given together with the principal
leave or independently on the request of an employee.
4. The starting date of a scheduled or an individual labor leave
may be appointed by agreement between an employee and an employer.
5. A spouse of a military may be provided labor leaves (upon their
request) within the same period of time on which their spouse's leave
falls.
Article 190. The responsibility of an employer to notify
an employee of the time of their leaves
1. An employer shall notify employees of the time of their leaves
at least two weeks prior to the beginning of the leave.
2. An employee who is given a leave on an individual basis shall
be informed by a written notice within the same period of time.
Article 191. The right of particular categories of employees
to use labor leaves at any time convenient for them
or in a certain period of time
1. A labor leave at any convenient for an employee time may be given to:
1) the employees who have two or more children under 14 or a disabled child under 16 years of age;
2) the employees - veterans of the Great Patriotic War and persons
equated to them in terms of privileges;
3) the employees who are given this right by the Law on Social
Protection of the Citizens Damaged in the Accident at the Chernobyl
Nuclear Power Station;
4) the disabled of groups I and II;
2. The following categories of employees may be given outof-turn
labor leaves within a certain period in any season of a year convenient
to them:
1) employees under 18 years of age - in summer time (June-August);
2) employees combining work with studies in general education institutions, secondary education professional colleges, or higher education institutions - prior or during the introductory classes, preparation of course and diploma papers, and/or examinations and tests;
3) employees whose wives are on pregnancy and birth leaves - wit-
hin the
4)
with on
5)
6)
period of such leaves;
persons combining works on a plurality basis - simultaneously
principal job;
pregnant women;
single mothers who have a child under 14 years of age.
Article 192. Annual labor leaves. Extraordinary cases of
postponement of a leave until the year proceeding
the year of leave
1. An employer shall, as a rule, give an employee a full labor leave every business year (annually).
2. In extraordinary cases where a full leave within a certain current business year may negatively affect the normal activity of an enterprise it may be permitted by consent of an employee to postpone a
part of their leave until the business year proceeding the business
year in question. The other part of vacation which may not comprise
less than two business weeks shall be provided prior to the end of then
current business year. The postponed part of the leave may, depending
on the request of the employee, either be added to the leave for the
business year proceeding the business year under consideration, or be
used separately.
3. Postponement of a principal leave of employees under 18 years
of age until the year proceeding the year of leave shall not be permitted.
4. In case that an employee has not been given the labor leaves
for the business years prior to the certain business year due to the
employer's fault, the employee may not lose the right to such leaves.
The leaves for the business years in question may be provided
in-kind or may, by request of the employee, be reimbursed in money,
with the exception of the unused leaves for the last two business years
prior to the corresponding business year.
In the events of the labor leaves for such two business years the
provisions of Article 181 of this Code shall apply.
Article 193. The right of an employee to postponement or extension
of a labor leave within a then current business year
1. The labor leave shall be postponed or extended
in
the
events
of:
1) a temporary disability of the employee;
2) the beginning of the pregnancy and birth leave;
3) the attraction of the employee to the performance of state duties with the right of release from work;
4) the coincidence of the labor leave and the study vacations
(provided that the employee has the study vacation registered before or
during the labor vacation upon receiving a request from the educational
institution);
5) in other cases provided by the legislation or by the collective
contract;
6) not notifying the employee within the established term of the
starting date of the leave;
7) by mutual consent of the employee and the employer.
2. In case that the reasons specified in Paragraph I of this Article occur during the labor leave, such leave shall be extended for
the corresponding number of business weeks or business days, or the
unused part of the leave may, by request of the employee, be postponed
till another period of then current business year coordinated with the
employer.
3. In case that the reasons specified in Paragraph I of this Article occur before the beginning of the labor leave, the leave may, by
request of the employee, be postponed till another period of time of
then current business year determined upon coordination with the employer.
4. The employee shall inform the employer about the reasons preventing them from utilization of the planned leave and about the extension of the leave.
Article 194. The right of an employer to provide anticipatory
labor leaves
1. An employer may give an anticipatory leave to every or an individual group of employees in the event of an unexpected stoppage of
functioning of the entire enterprise (organization) or of their separate divisions caused by an accident, disaster, insufficient supply of
energy resources or raw materials, and by other extraordinary and/or
unforeseen reasons.
2. An employee and a trade union or another representative body of
the employees shall be informed about the reasons for the anticipatory
leaves at least three days prior to the beginning of such leaves.
Article 195. The consequences of the refusal of an employee to use
a regular labor leave without legal grounds and/or
the employer's consent
In case that the regular vacation is provided in compliance with
the established procedure, but an employee rejects to use it within the
set period without valid legal grounds and the employer's consent, the
leave shall not be postponed, the money reimbursement shall not be paid, and the right to the leave shall be canceled upon the expiration of
the corresponding business year.
Article 196. Dividing of labor leaves into parts. Recall from
a leave
1. Upon agreement between an employee and an employer the principal and/or additional leaves may he divided into parts. In this case at
least one part may not be less than two business weeks.
2. The labor leave may be interrupted on proposal of the employer
and by agreement of the employee (recall from a leave). The part of the
leave thus unused may, under agreement between the employee and the
employer be provided within then current business year or, depending on
the request of the employee, either added to the to the leave for the
business year proceeding the business year in question or reimbursed in
money unless otherwise provided by the collective contract.
3. The collective contract may provide the circumstances under
which the recall from a leave may be permitted.
Article 197. Reservation of the size of salary during a labor
leave
During the labor leave the employee may not reserve less than their average salaries (wages), calculated in compliance with the rules
established by the Government of the Kyrgyz Republic.
Article 198. The term of paying an average salary for the period
on leave
1. An employer shall pay out the average wages for the period on
leave not later than two days prior the starting date of the leave.
2. In the events of untimely leave payments the employer shall reimburse the losses to the employee. The delayed leave payments shall be
made in the amount half as much.
Article 199. The procedure for calculation of the duration of
the labor leave proportionally to worked off time
1. The length of a labor leave proportional to the period of time
worked off during the business year shall be calculated by multiplying
the length of leave per every business month by the number of months
worked off during the business year.
2. In the total length of the leave proportional to the worked off
time the decimal numbers equal to 0,5 and more shall be carried over to
the nearest whole numbers, and the numbers less than 0,5 - ignored.
3. The calculations of the whole months worked off within a business year shall be calculated as follows:
1) calculate the days included into a business year;
2) the derived number shall be divided by the average number of
business days per month of the year;
3) the remainder comprising 13 and more business days shall be
carried over to a whole month, and less than 13 working days shall not
be accounted.
Article 200. The right of an employee to a leave proceeded by
dismissal
1. An employee being dismissed due to the reason beyond their
control (liquidation of the enterprise, cuts of staff, etc.) and reserving a partially or wholly unused labor leave (principal and/or additional) may use a leave proceeded by dismissal instead of financial reimbursement.
2. The date of dismissal in this case shall be the last day of the
leave.
3. In case that the leave proceeded by dismissal ends after the
expiration date of the fixed term labor contract, the terms of the labor contract shall be extended until the end of the leave.
Article 201. Money reimbursement for the unused labor leave in
the event of dismissal
1. In the events of a dismissal irrespectively of the reasons for
the dismissal an employee who has not exercised their right of labor
leave or has exercised it partially may be reimbursed in money.
2. The money reimbursement for a full labor leave may be paid in
case that by the date of dismissal an employee has worked off the full
business year (12 months minus the total length of the labor leave to
which the employee has the right).
3. In case that by the date of dismissal an employee has worked
off a part of the business year the money reimbursement shall be paid
proportionally to the worked off period.
4. The money reimbursement for the unused leave in the events of
dismissal shall be paid on the day of dismissal.
Article 202. Stopping of the value of the non-worked-off part of
the labor leave given in advance out of the wages in
the events of dismissal of an employee
1. In case that an employee is dismissed prior the end of a business year and the labor leave in advance for such year has been used an
employer may stop the sum of money equal to the remuneration for the
non-worked-off days of the leave out of the wages of the employee except as provided in Paragraph 2 of this Article.
2. The deduction shall not be permitted in the following cases:
1) an employee is dismissed due to the reasons beyond the control
of the employee as provided by clauses 1, 2 and 5 of Article 125, and
clauses 1, 2 and 3 of Article 119 of this Code, and/or the dismissal is
conditioned by request of the employee in connection with direction to
studies or with retirement;
2) any pays due to the employee are not accrued in the course of
the dismissal procedure;
3) if the employer in spite of having the appropriate right has
not made the deductions in the course of the final payments or stopped
the indebtedness of the employee only partially.
Article 203. The extraordinary allowance for health improvement
in the event of a labor leave
In cases provided by this Code or by collective or labor contract
an employer shall, when providing a labor leave (and in case that the
leave is divided into parts - when providing the major part of the leave), pay the employee the extraordinary allowance for health improvement in the amount provided by this Code or by the collective or labor
contract.
2. Social leaves of employees
Article 204. General provisions
1. Social leaves shall be provided to employees in order to establish favorable conditions for motherhood, nursing of children, receiving of education without leaving a job, satisfaction of the family and
everyday needs, and for other social purposes.
2. The right of an employee to the social leave may not depend on
the duration, place or type of work, or on the type of ownership of the
employer.
3. The job and, in cases provided for by this Code or by the collective contract, wages shall be reserved for the period of social leaves.
4. The social leaves may be given in addition to labor leaves.
5. The social leaves may be given for the calendar year in which
an employee has the right to them.
6. In case that the social leave is not used in then current calendar year it may not be postponed till the business year proceeding
such calendar year, nor may it be reimbursed in money, including the
cases of dismissal.
Article 205. Maternity leaves for nursing children until they
reach 3 years of age
1. An employer shall provide the leave for nursing a child to a
working woman by her request upon the expiration of the interval in
work caused by childbirth, until the child reaches 3 years of age.
2. The terms of pays and the amount of the social allowance for a
child during the period of the leave for nursing a child until s/he reaches the age of three shall be determined by the legislation of the
Kyrgyz Republic.
3. The leave provided by this Article may be given upon a written
application from mother of a child, and she may use it as a whole or by
parts of any length.
4. The leave specified in Paragraph I of this Article may be given
to the employed father of child, to another relative or to any other
person, actually looking after the child, instead of mother, according
the decision of the family, in case of mother's death, depriving of her
parent rights, long stay in a medical treatment institution, and/or in
other cases of absence of mother's care. In the events of guardianship
the leave may be given to the working guardian of the child in compliance with the provisions of Chapter XV of this Code.
5. The persons specified in Paragraphs I and 4 of this Article during their leaves for nursing a child upon the child reaches one and a
half years of age may on their wish continue their work or work in
another place as part time employees (the number of business hours
shall not be more than half of monthly time quota), or work at home reserving the monthly allowance.
Article 206. The education leaves
The employees combining work with the studies in general education, or in higher or secondary vocational training institutions may be
given education leaves; the terms and duration of such leaves are provided by Chapter XVII of this Code.
Article 207. The privileged social leave for medical treatment and
for other personal needs of an employee with
reservation of wages
1. In cases provided by this Code an employee may be given a privileged social leave for medical treatment and/or for other personal
needs with reservation of their wages.
2. The employee may use such leave wholly or by parts, simultaneously with the labor leave or separately from it any time within a calendar year.
Article 208. Leaves for creative activities
1. The paid leaves for implementation of creative activities may
be given to employees for completion of dissertations, writing of textbooks, and/or in some other cases.
2. The procedure and terms of the length of the leaves for creative activities shall be established by the Government of the Kyrgyz Republic.
Article 209. Non-paid temporary leaves that an employer shall
provide to an employee
1. An employer shall provide non-paid temporary leaves to the fol-
lowing categories of employees by request of an employee:
1) mothers of two or more children under 14 or at least one disabled child under 16 years of age - of the minimum length two business
weeks;
2) veterans of the Great Patriotic War and persons equated to them
in terms of privileges; the persons suffered in the accident at the
Chernobyl nuclear power station - not less than 2 business weeks;
3) pensioners by age and the disabled - not less than 2 business
weeks;
4) persons responsible to look after sick members of their families according to the medical conclusion (without issuing of a medical
certificate or another substituting document) - up to 2 business weeks;
5) persons who received a place in a sanatorium or a health resort
for medical treatment according to a medical conclusion, in case that
the term of such treatment exceeds the length of the labor leave - for
the lacking time (plus the time for transportation), and in case that
the labor leave is used - for the full term of the treatment (plus the
time for transportation);
6) in other cases provided by the collective contract (agreement).
2. The leaves provided by clauses 1-3 of Paragraph I of this Article may be given within the periods agreed between the employee and
the employer.
3. The collective contract may provide complete or partial reservation of salaries for the time of the leaves of different types.
Article 210. A non-paid leave conditioned by family and life or
other valid reasons provided by agreement between
an employee and an employer
1. A non-paid leave conditioned by family and life and other valid
reasons may be given by agreement between an employee and an employer
unless the collective contract (agreement) provides otherwise.
2. Validity of the reasons may be estimated by the employer unless
the collective contract (agreement) provides otherwise.
Article 211. A non-paid or partially paid leave given on
initiative of an employer
1. In the events of necessity of a temporary stop of works or a
temporary reduction of the works volume in order to prevent staff cuts
an employer may provide non-paid or partly paid leaves upon agreement
with the employees unless the collective contract (agreement) provides
otherwise.
2. The amount of the wages to be reserved may be determined by mutual consent of the employer and the employees or a representative of
the employees unless the collective contract provides otherwise.
Article 212. Compensatory Work for Non-Paid Leaves
1. In cases provided by the collective agreement or agreed between
an employee and employer the non-paid leaves may be worked off afterwards.
2. The compensatory work may be permitted within 6 months after
the end of the leave and may be performed during the non-business hours, on the hour for hour and day for day principle.
3. The remuneration for the compensatory work executed before the
beginning or after the end of a business day (shift), or on the days
off and holidays shall be paid in accordance with the actually implemented work on a regular rate basis.
4. The compensatory work for non-paid leaves shall not be permitted during the period of labor leaves.
5. An employee may, in compliance with the established procedure,
be given a part of the labor leave instead of the non-paid leave followed by the compensatory work.
6. The non-paid leave may also be worked off by consent of the
employee at the works not provided by the labor contract.
Chapter XI
Wages
Article 213. Wages
1. A wage is a money remuneration for work which an employer shall
pay to an employee for the work of the employee in the amount determined by the parties in the labor contract within the limits established
by the legislation, collective contract, collective agreement, and/or
labor contract.
2. The list of remuneration types with respect to the wages shall
be established by the Government of the Kyrgyz Republic.
Article 214. Wages indexation
1. Indexation of the wages paid out of the budget may be performed
in case that the consumer price index calculated by increasing totals
exceeds the five percent price increase (threshold) in comparison with
then previous indexation.
2. The consumer price index shall be calculated monthly (not to be
done later than on the 20 th of the month following the month for which
the calculations are made) in compliance with the procedure established
by the Government of the Kyrgyz Republic and published in mass media
including the information on increasing totals since the beginning of a
year and since the moment of then previous indexation.
3. Wages shall be indexed by the quantity of the consumer prices
index with corrections for various parts of income according the scale
of standards established by the legislation of the Kyrgyz Republic.
4. The wages paid out of the non-budget sources shall be indexed
at the expense of an employer on the grounds provided by collective
contracts (agreements).
5. Wages may be indexed by performance of one time revision of the
amount of wages (rate, salary).
6. Other issues of the indexation of wages shall be regulated in
compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 215. Minimum wages
1. The minimum wage is a minimum obligatory sum of money to be paid to an employee by an employer for implementation of the works which
do not require professional skills, under the normal conditions, with
observance of the business time and production output quotas established by this Code; the minimum wage shall enable the employee to acquire
the necessary minimum set of various goods/products and services required to reproduce their labor power.
2. The amount of minimum wages is established by the legislation
of the Kyrgyz Republic simultaneously for the entire territory of the
Kyrgyz Republic one time in six months and is used as a means of protection of the acceptable minimum level of wages. In the areas and localities where the local coefficients for wages and the coefficients
for work in waterless and/or high altitude areas are established, the
minimum wages may be increased taking into account such coefficients.
3. In course of estimation of the minimum wage (salary) of the enterprise employees an employer shall take into consideration:
1) the needs of the employees and their families, taking into account the general level of wages in the Kyrgyz Republic, cost of living, social allowances, and comparative living standards of other social groups;
2) economic considerations including the requirements for economic
development, production output level, and the advisability of achievement and maintenance of a high level of employment.
4. The collective contracts and agreements may provide higher minimum wages.
5. The minimum wage size is a basis for the estimations of the
state rates for wages, pensions, stipends, allowances, and other social
payments.
Article 216. The state tariffs for wages
1. The state tariffs of wages are the monthly tariff rates and salaries determining the minimum level of wages for individual professional and qualification groups of employees of the budgetary agencies
and/or organizations.
2. The state tariffs may not be subject to decrease and are the
basis for establishment of individual rates and salary in budgetary
agencies and/or organizations.
3. The employers others than the State may use the state tariffs
for the differentiation of employee wages unless the collective contract or agreement provides otherwise.
4. The state tariffs for wages shall be established in compliance
with the procedure set by the Government of the Kyrgyz Republic upon
consultations with the branch associations of trade unions or other
representative bodies of employees.
5. The Government of the Kyrgyz Republic may increase the state
tariffs for wages during a calendar year.
Article 217. The rights of the local keneshes of the Kyrgyz
Republic in the area of labor
The local keneshes of the Kyrgyz Republic within the limits of
their budgets may increase the minimum size of the state tariffs for
employees of the agencies and/or organizations financed by the state
and local budgets and located within the territory of corresponding administrative and territorial units reserving along with this the professional and qualification differentiation of the groups of employees
working for such budgetary agencies and/or organizations.
Article 218. The wages of employees
1. The wages as a rule are paid on the basis of the tariff rates
(salaries) set by the collective agreement or by an employer, and by
Resolutions of the Government of the Kyrgyz Republic for the budgetary
organizations. The common system of wages shall be approved by the Pre-
sident of the Kyrgyz Republic.
2. The distribution of the works being implemented by certain tariff rates (positions) and the assignment of certain qualifications to
an employee may be performed by an employer in compliance with the procedure established by the collective contract. In such cases the qualification reference books approved in compliance with the established
procedure may be used.
3. The employees fulfilling the production quotas shall be assigned higher qualification in the first instance.
4. In case that an employee has been successfully implementing a
work of higher qualification for at least three months in a year, s/he
may require that the employer assigns them a higher qualification in
accordance with the established procedure.
5. To stimulate the financial incentives of the employees for increase of the production efficiency and work quality, the systems of bonuses and other forms of financial remuneration may be introduced. The
additional payments, rises in wages, and encouraging payments shall not
be included in a monthly wage (salary).
6. The concrete amounts of bonuses may be determined by the employer in accordance with the results of the employee's work.
Article 219. Wages for the work under extraordinary conditions
The increased wages for hard works, works with bad for health labor conditions, and the work on the territory with radioactive pollution shall be provided in accordance with the procedure established by
the Government of the Kyrgyz Republic, and by collective contracts
and/or agreements.
Article 220. Wages for the work in the high altitude and remote
areas
1. The wages for the work in the high altitude and/or remote areas
of the Kyrgyz Republic as well as in the areas with bad climate shall
be paid taking into account an aggregate coefficient (high altitude coefficient and regional coefficient) for unfavorable labor conditions.
2. The aggregate coefficient shall be applied to any type of work
for which the insurance charges are provided.
Article 221. The region coefficient of the wages of the employees
working in the high altitude areas
1. The region coefficient of the wages and the procedure for the
respective pays to the employees working in the high altitude areas and
in other equated to them localities shall be set by the Government of
the Kyrgyz Republic.
2. A single region coefficient for all production and nonproduction branches may be established for the employees working in the high
altitude areas and equated to them localities without limitation of the
maximum quantity of the coefficient in question.
3. The region coefficient for wages may be applied to any types of
work for which insurance charges are provided without limitation of the
maximum wages for such works.
Article 222. The percent increase of wages for the employees
of the enterprises, agencies, or organizations
located in the high altitude areas
1. The employees of the enterprises, agencies, or organizations
located in the high altitude areas shall be paid additional remuneration in percent to monthly wage. The amount and the procedure for paying
out the percent increase of wage shall be established by the Government
of the Kyrgyz Republic.
2. The percent increase of wages shall be paid in full to the
young persons (under the age of 30) from the first day of work in the
high altitude areas and in the equated to them localities.
Article 223. The time record of an employee working in the high
altitude areas to receive the percent increase of
wage
1. The procedure for determination and calculation of the duration
of work required to receive the percent increase of wages shall be established by the Government of the Kyrgyz Republic.
2. The duration of work giving the right to the percent increase
of wages for the employees working in the high altitude areas and in
the equated to them localities where the rayon and percent increase of
wages are set shall be summed up regardless of the intervals in work
and of the grounds for the cessation of labor relationships, except for
the events of dismissal for wrong doings.
3. In the event of a transfer of an employee whose time record is
sufficient for such additional pay to another region or locality (belonging to the specified regions or areas) the calculations of the percent increase of the wages shall be revised proportionally to the period of work in the corresponding high altitude areas or in equated to
them localities in accordance with the procedure established at the new
place of work.
Article 224. Forms, systems, and amounts of wages
1. The forms, systems and the amounts of wages of employees may be
established by an employer on the basis of a collective contract (agreement) and of a labor contract (advanced responsibility contract).
2. The work of employees shall be paid per time, according to the
output, or according to other systems of remuneration for work. The pays may be made according to the individual or collective results of
work.
3. The types of wages, rates (salaries), the proportion of the rates and salaries of the individual categories of the enterprise employees, the bonus system, and the procedure and terms and conditions of
paying the bonuses for the time record, and other forms of financial
encouragement shall be established by the collective contract (in cases
where the contract is not concluded - by an employer upon coordination
with the representative body of employees).
The labor contract may provide higher wages by comparison with the
wages provided by the collective contract.
4. The forms, systems, and amount of wages of the employees of the
agencies and/or organizations financed from the state budget shall be
determined in compliance with the procedure established by the Government of the Kyrgyz Republic.
5. The wages of employees may not be limited by maximum sizes.
Article 225. Notification of employees on introduction of new or
amendment of existing terms of wages
1. An employer shall notify employees of the introduction of new
or amendment of then existing terms of wages at least one month in advance.
2. The individual terms and conditions of paying wages may be
changed for the terms and conditions less favorable for an employee only by consent of the employee.
Such amendments may be permitted:
1) in the events of changes in technology or organization of the
production and labor process where such terms and conditions cannot be
preserved;
2) in other cases provided by laws and other legal acts.
3. An employee shall be informed about the expected changes of the
terms and conditions for the terms and conditions less favorable for
the employee at least one month prior to such changes except as provided in Paragraph 2 of Article 106 of this Code.
Article 226. Wages of the first official in authority of an
enterprise and of the officials performing
the general management functions at the enterprise
1. The terms and conditions of wages of the first official in authority of the enterprise and of the officials performing the general
management functions at the enterprise shall be agreed by the parties
in the course of conclusion of the contract (see Paragraph 2, Article
87 of this Code).
2. The terms of wages of the first official of the enterprise and
of the officials performing the general management functions at the enterprise enlisted as the state property shall be established by the Government of the Kyrgyz Republic.
3. The terms of wages of the first official of the enterprise and
of the officials performing the general management functions at the enterprise enlisted as the municipal property, shall be established correspondingly by the local self governments of the Kyrgyz Republic.
Article 227. Wages for the work under bad for health or dangerous
conditions and at hard works
1. An employer shall pay increased wages for the work under bad
for health or dangerous conditions and at hard works; the increase may
not be less than 15 percent of an appropriate tariff rate (salary).
2. The list of the jobs with bad for health or dangerous conditions and of the hard work jobs as well as the concrete size of the increased wages and the procedure for introducing such wages at the enterprises shall be established by the collective contract upon coordination with the appropriate governmental agency of labor safety (in cases where the collective contract is not concluded - by an employer
upon coordination with the trade union or another representative body
of the enterprise employees).
Article 228. Wages of the persons combining professions
(positions) and/or performing the duties of
temporarily absent employees
1. The employees performing for the same employer along with their
principal work provided by labor contract, additional work by another
profession (position), or the responsibilities of a temporarily absent
employee without release from their principal work during the business
day (working shift) established by the legislation shall be paid additional remuneration for the combination of professions (positions) or
for the performance of the responsibilities of a temporarily absent
employee.
2. The amount of the additions for the combination of professions
(positions) or for the performance of the responsibilities of a temporally absent employee shall be agreed between the employer and the employee within the limits of thus saved amount of wages.
Article 229. Wages for work on days off and holidays
1. The work on days off and holidays shall be paid in double size
of the wages calculated for the days in question.
2. Employees working according to the sliding scale with the summed-up recording of working time may be paid double wages only for the
work on or holidays.
3. An employee by agreement with an employer may be given another
day off for the work on days off or on holidays.
4. The work on days off and holidays may not be paid less than double size in compliance with the provisions of Paragraph I of this Article.
The employees receiving monthly salaries may not be paid less than
the per hour or per day rate in addition to the salary in cases where
the work has been implemented within the monthly quota of business time, and less than double per hour or per day rate in addition to the
salary in cases where the work has been implemented beyond the monthly
quota.
Article 230. The wages for the night and overtime work
1. The wages for any hour of night work may not be less than one
and a half per hour rate.
2. A night shift shall be reduced by one hour. The employees shall
be additionally paid one per hour rate for the reduced hour.
3. Higher wages for the night and over-time work may be established by collective contracts and/or agreements.
4. The remuneration for the night and over-time work shall not be
included in the rates (salaries).
Article 231. Wages in the events of non-fulfillment of the output
quota, spoilage, or a forced interval, and in the
event of assimilation of new production (manufacture)
1. In the events of non-fulfillment of output quotas and spoilage
which are not caused by an employee the wages may not be less than the
tariff rate (salary) established for the employee.
2. In the event of non-fulfillment of output quotas through the
employee's fault only actually performed work shall be paid.
3. The full spoilage and forced intervals through the employee's
fault shall not be paid, the partial spoilage caused by the employee
shall be paid according to decreased rates depending on the extent of
fitness.
4. The spoilage of production resulted by a hidden defect of the
material under processing and the spoilage not caused by the employee
and discovered after acceptance of the production by the technical
control department shall be paid equally to the fitting production.
5. The forced intervals not caused by the employee including the
time of forced leaves conditioned by a temporary stoppage of the production process may not be paid less than then size of the regular tariff rate (salary). The higher wages for the forced intervals may be
provided in the collective contacts and/or agreements, and in the labor
contacts.
6. The remuneration for the work during assimilation of new production (manufacture) shall be determined in the collective contract.
Article 232. Reservation of wages in the events of a transfer
to another permanent less paid work and of
a transference
1. In the events of a transfer to another permanent less paid work
an employee may reserve their average wages for at least two weeks following the date of transfer.
2. In cases where transference results in reduction of the wages
of an employee due to the reasons beyond their control, the employee
shall be additionally paid the difference with their previous wages for
at least two months following the date of transference.
3. The employees dismissed in connection with restructuring or liquidation of an enterprise, agency, or organization, or with reduction
of the number of employees or staff cuts, and/or moved to another work
be it a transfer within a particular enterprise, agency or organization
or a transfer to another enterprise, agency, or organization, shall reserve the wages they have been paid at the previous work (in the event
of lower wages at the new place) for the period for which they occupy
the new position.
4. In cases where the appropriately authorized bodies in compliance with the established procedure stop the functioning of an enterprise, subdivisions of the enterprise, or the installments/equipment which
do not meet the requirements of the labor safety, an employee shall reserve their job (position) and the average wages.
Article 233. The terms and periodicity of paying out wages
1. The wages shall be paid on a regular basis on the days set in
the collective contract or agreement, or in the labor contract, but not
less frequently than one time a month.
3. The wages for the entire period of leave may not be paid later
than two days prior to the beginning of the leave.
4. In the events of coincidence of the dates of paying out the wages with days off or holidays the wages shall be paid on the preholidays.
5. An employee may stop the work in case that the payment delay
exceeds 10 days following the end of the month for which the pay is to
be made.
Article 234. Forms of payment of wages
1. Wages shall be paid in the monetary units of the Kyrgyz
Repub-
lic.
2. Wages in the form of debt obligations, receipts, products or
goods cards, and other similar substitutions of money shall be prohibited.
Article 235. The place of paying out the wages
1. The wages may be paid only during working days and at the place
of work or nearby unless otherwise provided by the legislation of the
Kyrgyz Republic, collective contracts, or collective agreements.
2. In case that an employee carries out an instruction of the employer outside the place of work (at the enterprises of a client, on business trip, at skill-upgrading courses, etc.) the employer by request
of the employee shall send the employee the wages due to them at the
expense of the employer.
3. By request of an employee their wages may be transferred to the
bank account specified by the employee.
Article 236. The wage reserve fund
1. In order to insure the payment of wages due to employees as
well as of the guarantee and reimbursement payments provided by the legislation and/or by collective and/or labor contracts for the events of
bankruptcy or insolvency of an employer, liquidation of an enterprise,
cessation of the business activities of an entrepreneur, and in other
cases provided by the legislation, the employers shall form wage reserve funds for, on the basis, in the amount and in accordance with the
procedure which may be provided by a legislative act or by a collective
contract/agreement. The reserve fund may be permitted to utilize for
other purposes exclusively upon coordination with the representative
body of the enterprise employees.
2. A specific size of reserve fund, the basis and order of its establishment may be provided in the collective contracts/agreements.
3. Pledgors shall be prohibited to confiscate the wage reserve
funds.
Article 237. Reservation of finance for wages
1. Enterprises and/or organizations may enter into contracts with
banks on provision of accounting and book keeping services; such contracts may stipulate reservation of finance for wages.
2. The finance reserved for wages may be used exclusively in accordance with its direct purpose and shall not be subject to unconditional confiscation by any bodies otherwise than by a court decision.
Article 238. The term of final settlements in the event of
a dismissal
1. In the event of a dismissal of an employee all the money due to
the employee by the employer shall be paid on the day of dismissal. In
cases where the employee does not work on the day of dismissal the corresponding sum of money may not be paid out later than on the day following the day of dismissal upon submission a request on final settlement by the employee.
In the event of a dismissal of an employee in the case of
bankruptcy of employer the payment of the sum of money owe to such
employee should be made in accordance with the Kyrgyz Bankruptcy Law.
2. In the events of a dispute on the amount of money due to the
employee being dismissed the employer in any case shall pay the disputed sum of money within the term specified in this Article.
Article 239. The liability for the delay of final settlements
in the event of a dismissal
For the delay of final settlements in the events of dismissal exceeding the term stipulated by Article 238 of this Code an employer
shall pay the employee their average per day rate for every day of such
delay taking into account the official inflation rate for the period of
delay, and the fines for every day of the delay in compliance with the
legislation of the Kyrgyz Republic.
Article 240. The liability for the delay of issuance of a
work-record card
In the events of the delay of issuance of a work-record card caused by an employer, an employee shall be paid the average wages for the
entire period of thus forced idle time taking into account the official
inflation rate for the period of delay, and the fines for every day of
the delay in compliance with the legislation of the Kyrgyz Republic.
Article 241. Pay-books
1. An employer shall provide any employee paid per time with a
pay-book upon the five days following the date on which the employee is
hired.
2. The pay-books shall contain the records of the labor conditions
and of the pays.
3. The expenses on producing and issuing of the pay-books shall be
paid by the employer.
4. The rules of maintaining of the pay-books shall be set in compliance with the procedure established by the Government of the Kyrgyz
Republic.
Article 242. The limitations of deductions from wages
1. Inviolability of the wages of an employee shall be insured by
the limitation of deductions.
2. The wages may be deducted exclusively in cases provided by this
Code.
3. The deductions aimed at the redemption of the debts of an employee to the employer may be made upon the order of the employer:
1) to return the advance payments made at the expense of the wages; to return the excessive sum of money paid as the result of calculation mistakes; to redeem the advance payments not spent nor paid back
timely, provided for a business trip, for a transfer to another locality, or for the economic needs given that the employee does not argue
the grounds and the amount of such deductions.
In these cases the employer may issue an order on deduction within
one month following the expiration date of the period established for
the return of the advance payments or for the redemption of the debts,
or, in the events of improperly accrued pays, within one month following the day on which the corresponding pays are made. In case that the
month under consideration is missed the deductions may be charged only
in compliance with the court procedure;
2) in the events of a dismissal of an employee before the expiration of the business year for which the employee has been given a leave
- for the non-worked-off days of the leave. The deductions for such days shall not be made in case that the employee quits on the grounds
specified in clauses 1, 2, or 3 of part 1 of Article 119, and/or clauses 1,2, and/or 5 of Article 125 of this Code as well as in the events
of sending to an educational institution or of the retirement of the
employee;
3) to cover the losses caused by the employee to the employer; the
amount of such reimbursement may not be more than the amount of the
average monthly wages of the employee.
4. Excessive wages paid by an employer including the cases of improper application of law, may not be deducted, except the excessive wages caused by wrong calculations.
5. At written request of an employee the employer shall make deductions from the wages of the employee for by-order payments.
Article 243. The limitation of the amounts of deductions from
the wages
1. The total amount of the deductions may not exceed 20 percent of
the wages due to the employee unless otherwise provided by the law of
the Kyrgyz Republic. The amount of wages after deductions may not be
less than the minimum amount of wages established by law.
2. Limitations established by Paragraph I of this Article shall
not cover the deductions from wages in the events of serving a sentence
on corrective labor and/or exacting of the alimony to children under
age.
Article 244. Prohibition against deducting from certain pays due
to employees
The deductions from the discharge pay, and from compensatory and
other payments which may not be subject to exacting in compliance with
the legislation, shall be prohibited.
Chapter XII
Guarantees and compensatory payments
1. Guarantees and compensatory payments
for a business trip
Article 248. A business trip
1. A trip of an employee on the instruction of an employer to
another locality for a fixed period of time to implement a business
task shall be considered a business trip.
2. A business voyage of the employee whose permanent work is carried out on move or has a traveling or movable character shall not be
considered a business trip.
3. An employee on business trip shall reserve their job (position)
for the entire term of the trip.
4. A business trip for the term over 30 calendar days may be permitted exclusively by consent of the employee.
Article 249. The business time regime on a business trip
The persons on business trip shall be subject to the business time
schedule set in the place of the business trip, nevertheless, the average wages for any business day of a week shall be reserved in accordance with the time-table of works set at their permanent job.
Article 247. Directing and formalizing of a business trip
1. Directing to a business trip may be performed by an employer
and shall be formalized by issuance of a business trip card complying
with the established form.
2. A business trip card is permitted not to issue in cases where
an employee is to return from a business trip to their permanent job on
the day of the trip.
3. An unauthorized business trip shall be considered a violation
of the labor discipline. Thus caused expenses shall not be reimbursed
unless the employer takes another decision.
Article 248. The term of a business trip
1. The actual period of a business trip shall be determined by the
records in the business trip card made on the dates of arrival and departure from the place of destination. In cases where a person is sent
to business trip to more than one localities the records shall be made
in every locality.
2. The day of departure of a train, plane, bus or another vehicle
from the place of the permanent work of the employee sent to a business
trip shall be considered the departure date, and the day of arrival of
the corresponding vehicle to the place of permanent work - the arrival
date. In the events of departure at and before a midnight then current
day shall be considered the departure date, and in the events of a departure immediately after a midnight and later - the day following the
then current day shall be considered the departure date.
3. In case that a station or airport is located outside a city the
time required to reach the place of departure shall be taken into account. The date of arrival of an employee to the place of permanent work
shall be identified in accordance with the same procedure.
4. The end of the business day on the day of departure to a business trip shall be agreed with the employer. In the events of arrival
of the employee to the place of permanent work before the end of a business day the decision on the time of their attendance at work on such
day shall be made in accordance with the same procedure.
Article 249. Types of the payments to an employee on business trip
1. An employee on business trip may be reimbursed the expenses on
transportation to the place of destination and back and the rent, and
paid per diem.
2. The transportation expenses may be reimbursed in the amount of
the transportation costs by airplane, railway, ship, and public vehicles (except for taxi, including the state obligatory insurance charges
from passengers according the presented tickets. The expenses on using
bed-linen on a trip may also be reimbursed.
3. The cost of transportation in a first class carriage, a cabin
of 1-2 grades on river boat and/or by plane with the first class ticket
shall be reimbursed in every individual case with permit of a corresponding employer upon presenting of the tickets.
4. The rent expenses excluding the time en route may be reimbursed
in the amount specified in the presented bills (receipts), and in the
event of absence of such bills - in the amount and in compliance with
the procedure established by the Government of the Kyrgyz Republic.
5. The employee may be paid per diem for the time on business trip
in the amount established by the Government of the Kyrgyz Republic. The
per diem shall be paid on the basis of the departure and arrival re-
cords in the business trip card except the days off and holidays.
6. In the event of one day business trips and/or business trips to
such a locality which presents the opportunity to be back to the place
of permanent work every day, the per diem in the amount established by
the Government of the Kyrgyz Republic may be paid according a decision
of the employer.
7. Other issues of the guarantees and compensatory payments for
business trips shall be regulated in compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 250. The guarantees and compensatory payments for business
trips to foreign countries
The guarantees and compensatory payments in the events of business
trips to a foreign country/countries shall be determined in compliance
with the procedure established by the Government of the Kyrgyz Republic
2. The guarantees and compensatory payments
in the event of moving to another locality for work
Article 251. Persons in possession of the right to the guarantees
and compensatory payments
1. An employee (or a person having completed their studies) who
moves to another locality in connection with a transfer shall be given
the guarantees and paid the compensations in accordance with the preliminary agreement on employment, concluded contract, or a bid.
2. The procedure for payments, the minimum amount of the reimbursement of the expenses and of the extraordinary allowance, and a minimum number of days provided for the preparations for the move and accommodating at the new place shall be established by the Government of
the Kyrgyz Republic.
Article 252. The expenses to be reimbursed in connection with
a transfer
1. The persons specified in Article 251 of this Code shall be paid
compensations of the expenses connected with their transfer and the move of their family members:
1) reimbursement of the costs of the transportation of luggage and
household goods by railway or automobile (public transportation) up to
500 kg for the employee and up to 150 kg for any family member who moves to a new locality (by mutual consent of the parties the expenses on
the transportation of bigger amount of luggage and/or household goods
may be paid);
2) per diem shall be paid for every day en route provided by the
legislation on business trips;
3) an extraordinary allowance to the employee (or to the person
having completed the studies) in the amount of their monthly salary
(rate) at the place of a new job and to every family member who moves
to the new locality - in the amount of one quarter of the extraordinary
allowance due to the employee ( or to the person having completed the
studies).
2. The persons moving to another locality to work shall be paid
wages on the basis of their salary (tariff rate) at the new job for the
days of preparation for the move and accommodating at the new place
(not to exceed 6 days), and for the period of transportation.
3. In cases where the accurate amount of the compensatory payments
due to an employee is impossible to determine in advance, the employee
shall be provided an advance payment.
Article 253. Family members of an employee
1. The members of an employee's family who may be paid the above
compensations are: a spouse, and children and parents of any spouse being their dependents and staying with them.
2. The costs of the transportation of the family members and of
the transportation of their household goods, and the extraordinary allowance shall be paid to the members of the employee's family in case
that they move to the new place of residence of the employee within one
year from the date of actual provision with a residence.
Article 254. The types of compensatory payments due to an employee
in cases where s/he moves to another locality under
preliminary agreement
1. In case that the move of an employee to another locality is
conditioned not by a transfer but by a preliminary agreement the employee shall be paid all the compensations stipulated for the persons provided with a job by a transfer, with the exception of the extraordinary
allowance which may be paid exclusively on condition that there exists
the corresponding agreement between the parties.
2. In case that an employee is transferred or admitted to work for
one year and less, and their family does not join them, then, by mutual
consent of the parties s/he may be reimbursed all the expenses connected with their temporary stay at the new place, along with this the
amount of the reimbursement may not exceed a half of the per diems due
to the employee.
Article 255. Return of compensatory payments
1. The money paid in the events of the move to another locality
for work shall be paid back in full provided that an employee:
1) has not come to work or has refused to start the work without a
valid reason;
2) has been dismissed for wrong doings which, in compliance with
this Code, have become the grounds for termination of the labor contract before the expiration of the term of work provided by the labor
legislation or stipulated for a transfer, order or admission to work,
and in the event of absence of a fixed term - before the expiration of
one year of work.
2. In cases where an employee has not come to work or has refused
to start the work by valid reason, s/he shall return the received finance, except the costs of the transportation.
3. The guarantees and compensatory payments
conditioned by a special character of work
Article 256. The compensatory payments linked with the movable
type of work in construction
1. Individual categories of employees of construction enterprises
and organizations shall be paid additions for the movable type of work.
2. The procedure and terms of paying additions for the movable ty-
pe of work in construction shall be established by
the Kyrgyz Republic.
the
Government
of
Article 257. The compensatory payments for the traveling type
of work
1. Individual categories of employees of transportation and some
other enterprises and organizations shall be paid additions for the
traveling type of work.
2. The terms and procedure for paying additions for the traveling
type of work shall be established by the Government of the Kyrgyz Republic.
Article 258. The field allowance
1. Individual categories of employees of geological prospecting
and some other enterprises and organizations shall be paid a field allowance.
2. The terms and procedure for paying the field allowance shall be
established by the Government of the Kyrgyz Republic.
Article 259. The compensatory payments for work by the work-effort
method
1. Individual categories of employees of enterprises and organizations using the work-effort method of work management shall be paid an
addition for the work by work-effort method.
2. The terms and procedure for paying the additions for the work
by work-effort method shall be established by the Government of the
Kyrgyz Republic.
4. Other types of guarantees and
compensatory payments
Article 260. The guarantees and compensatory payments for
the performance of the military duties by citizens
The guarantees and compensations for employees, called up on preparatory training for military service, for serving in military reserve, and also in connection to a call up or admission to the military
service, and for the family members of the military are determined by
the Law of the Kyrgyz Republic On General Military Responsibility and
by other laws of the Kyrgyz Republic.
Article 261. The guarantees to the employees elected to the state
authority bodies
An employee released from work as a result of their election to
the elective position in the state authority bodies upon the expiration
of their authorities conditioned by the elective position shall be provided with the previous job (position), and in cases where such job(position) is unavailable - another equal job (position), except for the
events of liquidation of the enterprise, the agency, or the organization.
Article 262. The guarantees to the employees for the period
of implementation of their public or social duties
1. For the period of execution of the public or social duties in
cases where, in accordance with the legislation, such duties may be
implemented during business time, an employee shall be guaranteed their
job (position) and average wages at the expense of the corresponding
agency, enterprise or organization regardless of the ownership structure unless otherwise provided by the collective contracts/agreements.
2. The employee called up for military service, shall be given the
established by the legislation guarantees and privileges at the expense
of the Ministry of Defense of the Kyrgyz Republic.
3. Average wages may be reserved in the events of implementation
of the following public or social duties during business time:
1) realization of the election rights;
2) participation of the Delegates in the Sessions of the People's
Representative Assembly of the Jogorku Kenesh (Parliament), in cases
provided by the legislation and/or in the course of implementation of
other duties of deputies;
3) participation as a delegate in congresses and/or conferences
called by the state authorities, and in cases provided by the collective contracts/agreements, by trade unions and other representative bodies of employees;
4) appearance by summons of the investigation, preliminary investigation, and the prosecutor's offices, and to court as a witness, victim, expert, specialist, or interpreter, and/or for participation in
court sessions as an assessor, public accuser or public counsel for defense, or a representative of public associations and/or working collectives;
5) participation in collective negotiations, in accordance with
the terms and procedure provided by the collective contracts/agreements, and in the events of absence of such contracts or agreements by mutual consent of the parties in the collective negotiations;
6) attendance by a call up to the pension committees as a witness
for time record;
7) participation of members of voluntary fire-brigades in liquidation of fire or of an accident;
8) implementation of other public or social duties in cases provided by this Code.
Article 263. The guarantees to the employees on skill upgrading
and retraining (courses)
In case that an employee is released from work to upgrade their
professional skills or to be retrained s/he shall reserve their job
(position) and be paid the remuneration determined in compliance with
the procedure established by the Government of the Kyrgyz Republic.
Article 264. The guarantees to the employees sent for examination
to the health care institutions
The average wages shall be reserved at the place of work for the
employees obliged to pass a medical check in a health care institution
for the time of their stay in such institution.
Article 265. The guarantees to employees-donors
1. An employer shall, in accordance with an agreement with an appropriate medical institution at the time coordinated with such institu-
tion, release the employees from work for checking and blood handling
over and provide a day off after the day of the specified procedures.
Such day off by request of the employee may be added to their annual
leave.
2. In the event of handling over the blood on a day off or a holiday a donor at their wish may be either provided another day off or be
paid twice as much as the cost of the blood handling over.
3. The reservation of the average wages for the days specified in
Paragraphs I and 2 of this Article shall be made at the expense of the
health care institution.
Article 266. The privileges and benefits for the employees-donors
1. The employees regularly giving the blood or its components for
blood transfusion shall be in the first place provided with places
(including the charge-free and partially paid) in recreation houses,
sanatoriums, sanatorium-preventoriums, and with places in sanatoriums
and at health resorts for sanatorium treatment.
2. The employees awarded with a chest badge "Honored Donor of the
Kyrgyz Republic" shall have the right of regular leave at the time convenient for them.
Article 267. The guarantees to the employees-inventors and/or
production-rationalizers
1. The activities on the introduction of inventions or rationalizing proposals implemented by an employee-the author for the same employer for whom such employee works may not be paid less than the average wages.
2. During introduction of an invention or of a rationalizing proposal for another employer a release from work with reservation of position and the remuneration for such activities in the amount not less
than the average wages may take place by agreement between the employer
and the employee.
Article 268. The compensatory payments for depreciation of
the vehicles, equipment, tools and/or devices
belonging to an employee
An employee using their own vehicles, equipment, tools and devices
for the needs of an employer shall have the right for the compensation
for depreciation. The amount and procedure for the compensatory payments may be established by agreement with the employer.
Chapter XIII
Labor discipline
Article 269. Labor regime at an enterprise
1. The labor regime of an enterprise, agency, or organization
shall be determined by the bylaws approved by the employer upon coordination with the trade union or another representative of the employees.
2. Some categories of employees are subject to the provisions of
the charters and regulations on discipline approved by the Government
of the Kyrgyz Republic.
Article 270. Ensuring of the labor discipline
1. The labor discipline at an enterprise, agency, or organization
may be insured by establishment of the organizational and economic conditions required for normal work, cultivating of proper attitudes towards work, by convincing, and by encouragement for honest work.
2. The atmosphere of intolerance to violators of labor discipline
and strictness to the negligently working employees shall be created in
the working collectives. If necessary, the disciplinary measures may be
applied to the negligent workers.
Article 271. Encouragement for work
1. The types of encouragement of an employee for work shall be established in the bylaws and approved by the employer upon coordination
with the trade union or with another representative body of the employees.
2. For the outstanding labor service to the society and the State
honored titles and state awards may be recommended to confer on an employee.
Article 272. The disciplinary liability of employees
1. Disciplinary liability of an employee are disciplinary measures
(disciplining) imposed on the employee by the employer for illegal,
wrong non-fulfillment, or improper performance of professional duties
(commitment of a disciplinary misdeed).
2. There may be established general disciplinary liability of employees (see Articles 273-275 of this Code) or special disciplinary liability of individual categories of employees implementing a special type of work (see Article 280).
Article 273. A disciplinary punishment
1. For the violation of labor discipline, that is non-fulfillment
or improper/negligent performance of professional duties by an employee, an employer may inflict on the employee the following disciplinary
punishments:
1) reproof;
2) reprimand;
3) dismissal (Article 119 of this Code).
2. The legislation of the Kyrgyz Republic, charters and regulations on discipline may provide other disciplinary measures for individual categories of employees.
3. The right to choose the type of a disciplinary measure belongs
to an employer.
4. In the event of choice of a disciplinary measure the gravity of
a disciplinary misdeed, the circumstances of its commitment, and the
previous work and behavior of the employee shall be taken into account.
5. It shall be prohibited to apply disciplinary measures others
than the measures provided by the legislation of the Kyrgyz Republic
and appropriate charters or regulations on discipline.
Article 274. The procedure for disciplinary punishments
1. Prior to the disciplinary punishment an employee shall be requested a written explanation.
2. A refusal of an employee to present explanations shall not be
the obstacle for infliction of a punishment and shall be formalized by
an act specifying the names of the witnesses of the violation.
3. Any misdeed may be disciplined only one time.
4. An order (instruction) or a resolution of an employer shall
specify the reasons of the disciplining and shall be signed by the employee.
5. A disciplinary punishment may be appealed in accordance with
the procedure established for the settlement of individual labor disputes.
Article 275. The terms of infliction of disciplinary punishments
1. A disciplinary punishment may be inflicted immediately upon
discovering of a misdeed but not later than one month following the date on which it is discovered, with exception of the sick or leave time.
2. The day when the employer to whom the employee is directly subordinated learns about a misdeed shall be considered the date of discovering of the misdeed.
3. A disciplinary punishment may not be imposed later than the six
months and in the events of revision or control check of financial and
business activities undertaken by appropriately authorized state bodies
or organizations, - later than the two years following the day on which
the misdeed is committed. The specified terms do not include the time
of criminal proceedings.
4. In case of considering the information on a disciplinary misdeed by the law and order agencies a disciplinary punishment may be imposed within one month following the date of refusal to institute prosecution, or the date of cessation of criminal proceedings.
Article 276. The bodies (employers) competent to inflict
disciplinary punishments
1. A disciplinary punishment may be inflicted by the body (employer), in possession of the right to hire (elect, approve and/or appoint
to a position) a particular employee, or upon the instruction given by
such body (employer).
2. A transfer of the authority to inflict disciplinary punishments
shall be formalized by an order (instruction) of the employer.
3. The disciplinary punishments may also be inflicted on the employees implementing a special type of work by the bodies (employers)
superior to the bodies (employers) specified in Paragraph I of this Article.
4. The employees occupying the elective positions may be dismissed
exclusively by decision of the body having elected them, and only on
the grounds provided by the legislation of the Kyrgyz Republic.
Article 277. The procedure for appealing disciplinary punishments
1. A disciplinary punishment may be appealed in compliance with
the procedure established by the Government of the Kyrgyz Republic.
2. The body considering the labor dispute may take into account
the extent of gravity of the committed misdeed, the circumstances under
which it has been committed, the attitudes toward the work, and also
the conformity of the disciplinary punishment with the gravity of the
committed misdeed.
3. An employer may impose a milder punishment on an employee in
cases where the term provided by Article 275 of this Code has not expi-
red; such term does not include the period of consideration of the labor dispute by the bodies considering labor disputes.
4. A stricter disciplinary punishment may not be permitted in cases where the issue of imposing the punishment is considered at the
claim of the employee.
Article 278. The terms of a disciplinary punishment
1. The terms of a disciplinary punishment may not exceed one year
following the date of infliction. In case that another disciplinary punishment is not inflicted on an employee within the specified term the
employee shall be considered free from the disciplinary punishment. In
this case a disciplinary punishment is removed automatically without
issuing any order (instruction).
2. The employer having inflicted a punishment may cancel it prior
to the expiration of the one year term on his initiative, on intercession of an immediate supervisor, or of a representative body of the enterprise employees, and/or at request of the employee.
3. Anticipatory removal of a punishment shall be formalized by a
corresponding order (instruction).
Article 279. The special features of the disciplinary liability
of state officials
The specifics of the disciplinary liability of state officials
shall be determined by the legislation of the Kyrgyz Republic.
Article 280. The special features of the disciplinary liability of
other categories of employees implementing the work
of a special type
The specifics of the disciplinary liability of other categories of
employees implementing the work of a special type shall be established
by the Government of the Kyrgyz Republic.
Chapter XIV
Labor safety
Article 281. Ensuring of healthy and safe working conditions
An employer shall establish healthy and safe working conditions
for the employees and introduce the facilities and technologies ensuring the observance of the sanitary and hygiene standards and of the
requirements of the labor safety standards.
Article 282. Observance of the requirements of labor safety during
the period of construction and exploitation of
production buildings, structures and/or facilities
1. The production buildings, structures, facilities, and technological processes shall meet the requirements ensuring healthy and safe
labor conditions.
2. The requirements in question shall include rational utilization
of the territory and production accommodations, proper exploitation of
the facilities, proper organization of technological processes, protection of employees from the influence of bad for health labor conditions, maintenance of the production accommodations and working sites in
accordance with the sanitary and hygiene standards and rules, and arrangement of sanitary and wardrobe facilities/rooms.
3. The rules and standards of labor safety shall be observed during designing, construction and functioning of production buildings
and structures.
4. The designs of machines, machine-tools and other production
equipment shall meet the requirements of safety engineering and production sanitary.
Article 283. Prohibition against introduction into production
process of the sample machines and other facilities
which do not meet the requirements of labor safety
No sample of a new machine, mechanism or other production facilities may be introduced into the production process unless it meets the
requirements of labor safety.
Article 284. The rules of labor safety obligatory for an employer
1. An employer shall ensure duly technical equipment of all working sites and establish labor conditions corresponding with the labor
safety rules (rules of safety engineering, sanitary standards and rules, etc.).
2. The labor safety rules may be approved upon consultations with
the branch associations of trade unions or with other representative
bodies of employees in compliance with the procedure established by the
Government of the Kyrgyz Republic.
3. In case that the requirements necessary to achieve safe labor
are missing in the rules an employer shall install the measures ensuring safe labor.
Article 285. The limitations of hard works and of work with bad
for health and dangerous labor conditions
1. Labor of women, persons under 21 years of age and/or of the
persons to whom hard work and/or work with bad for health and dangerous
labor conditions is contraindicated due to the state of health shall be
prohibited to use at the above works.
2. In the events of discovery of the symptoms of an occupational
disease or deterioration of health resulted from bad for health and/or
dangerous trade factors an employer shall transfer a corresponding employee to another work in compliance with the established procedure;
such transfer shall be performed on the basis of a medical conclusion.
3. The list of hard works and works with bad for health and/or
dangerous labor conditions shall be approved by the Government of the
Kyrgyz Republic.
Article 286. The guarantees of the employee right of labor safety
1. The terms and conditions of a labor contract shall meet the labor safety requirements. The labor contract shall include reliable
descriptions of the labor conditions, and of the compensations and privileges provided for the employees implementing hard work and/or work
with bad for health and/or dangerous labor conditions.
2. An employee may reserve their job, position and average wages
for the period of stoppage of the enterprise (a subdivision of the enterprise) or of the works at their working site resulted from a viola-
tion of the labor safety requirements given that such violation is not
the fault of the employee.
3. An employee may refuse to do the work being an obvious threat
to their life or health and violating the labor legislation; in this
case the employee shall immediately inform the corresponding superior
of the employer. The refusal of an employee to work in the events of an
direct danger to life or health or to implement hard work and/or work
with bad for health and/or dangerous labor conditions not stipulated by
the labor contract, as well as in case that the employee is not provided with the means of individual protection may not cause any consequences to the employee.
4. Other guarantees of the employee right of labor safety, types
of the compensations and privileges for the work with bad for health
and/or hard labor conditions, and the procedure for the provision of
such guarantees, shall be determined by this Code, laws and regulatory
acts, and/or labor contracts.
Article 287. Training and instructing of employees on the labor
safety
1. An employer shall instruct the new employees and the employees
who are to perform the work different from their previous work, on the
labor safety, and organize training on the safe methods of work and
provision of first aid to the persons having suffered in accidents.
2. Preliminary training on labor safety along with examinations
and subsequent regular re-examination shall be conducted for the employees hired to work under the conditions of high level danger or to perform the work which requires special professional selection.
3. Any employee and employer of an enterprise shall be trained,
instructed, examined and re-examined on labor safety in accordance with
the procedure established by the State Standard of Labor Safety Agency
and the state supervision bodies.
4. The person who has not been trained, instructed and examined on
labor safety in accordance with the established procedure shall not be
allowed to work.
Article 288. The instructions on labor safety obligatory
to employees
1. Employees shall follow the instructions on labor safety establishing the rules of work and behavior in production and construction
sites and in the offices.
2. Such instructions may be developed and approved by employer
upon consultations with the trade union or another representative body
of the enterprise employees.
3. The ministries and agencies upon consultations with the republic-wide branch associations of trade unions or with other representative bodies, and, if necessary, with the appropriate state supervision
bodies may approve the standard instructions on labor safety for the
employees of general professions.
4. The employees shall also observe the established requirements
of handling of machines and mechanisms, and use the supplied means of
individual protection.
Article 289. The control over observance of the requirements
of labor safety instructions
The responsibility of the permanent control over the observance of
all the labor safety instructions by employees shall be laid on an employer.
Article 290. The responsibility of an employer with respect
to investigating and recording of the labor accidents
1. An employer with participation of the representatives of a trade union or another representative body of the employees of an enterprise, an institution, or an organization regardless of the ownership
type shall undertake duly and timely investigating and recording of the
labor accidents.
2. An employer at request of a victim shall provide them with a
certified copy of the act on the accident within the three days following the completion of investigation.
3. In case that an employer rejects to issue the act on the accident or in case that a victim disagrees with the circumstances of the
accident specified in the act, the victim may appeal to the trade union
or another representative body of the employees of the enterprise,
agency, or organization, which resolution on the content of such act is
obligatory for the employer.
4. An employer shall, on the basis of the information on investigating and recording of the accidents, timely undertake the measures
required to liquidate the grounds of such accidents.
Article 291. The labor safety funds
1. An employer shall annually make necessary allocations on labor
safety in the amount provided by the collective contract. Such funds
and/or materials shall be prohibited to utilize for any other purpose.
The employees of enterprises, agencies, or organizations shall not hold
any additional expenses in this respect.
2. The procedure for the utilization of such funds and/or materials shall be established by the collective contracts or the agreements
on labor safety.
Article 292. Supply with special uniforms and with other means
of individual protection
1. The employees engaged at works with bad for health labor conditions, or at works carried out under special temperature conditions or
associated with pollution, shall be provided with charge-free special
clothes, special shoes, and other means of individual protection in accordance with the established standards.
2. An employer shall provide storing, washing, disinfecting, decontaminating, disactivating and repairing of the supplied special
clothes, special shoes, and other means of individual protection.
3. The standards and rules of the supply with special clothes and
other means of individual protection shall be set in compliance with
the procedure established by the Government of the Kyrgyz Republic.
Article 293. Supply with soap and rendering means
1. At works associated with pollution the employees shall be provided with charge-free soap in accordance with the established standards.
2. At works associated with potential affecting of skin by harmful
substances the employees shall be provided with free of charge washing
out and rendering means according the established standards.
3. The standards and rules of the supply with soap and rendering
means shall be set in compliance with the procedure established by the
Government of the Kyrgyz Republic.
Article 294. Provision with milk and therapeutic and
decease-preventive products
1. At works with bad for health labor conditions the employees
shall be provided with charge-free milk and other equal food products.
2. At works with extremely bad for health labor conditions the
employees shall be provided with free of charge therapeutic and decease-preventive food.
3. The standards and rules of the supply with milk and other equal
food products shall be set in compliance with the procedure established
by the Government of the Kyrgyz Republic.
Article 295. Provision of employees of hot workshops with salt
carbonated water
1. An employer shall provide employees of hot workshops with salt
carbonated water.
2. The workshops and production sites which need to be provided
with carbonated salt water shall be identified by the sanitary control
bodies.
3. The rules provision of employees with salt carbonated water
shall be set in compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 296. Breaks to be included in business time
1. The employees working during the cold periods of year outside
or in closed not heated accommodations, freight handlers working at loading and unloading works, and other categories of employees in cases
provided by the legislation and collective contracts shall be given
special breaks for warming up and rest, which are included in business
time.
2. An employer shall duly equip the accommodations for warming up
and rest of employees.
Article 297. Medical examination of some categories of employees
1. The employees working on hard works, high altitude work (at the
altitude of 2500 m) and on works with bad for health and/or dangerous
labor conditions (including the underground works), on works associated
with traffic and works carried out by work-effort method, and the state
employees working for the state offices shall pass obligatory preliminary (when being hired) and periodic (persons under 21 - annual) medical examinations for identification of their capability for such work
and prevention of occupational diseases.
2. The employees of enterprises of food industry, public catering
and trade, water supply, medical and preventive treatment institutions,
schools and kindergartens, and of some other enterprises, agencies, and
organizations shall pass the obligatory preventive medical examinations.
3. The obligatory medical examinations shall be carried out in bu-
siness time with reservation of average wages.
4. The rules of performance of the obligatory medical examinations
shall be set in compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 298. The right of an employee to demand for liquidation
of dangerous circumstances
An employee may refuse to do the work causing danger to their life
or health. In the events of confirmation of the dangerous circumstances
by the bodies carrying out the monitoring and supervising over the observance of the labor safety an employer shall take action to liquidate
such circumstances. In case that the required action is not taken the
employee may refuse to perform the work until the circumstances threatening their life or health are liquidated. The employee shall reserve
the average wages of the employee for such period of time.
Article 299. The wages of the employees transferred to easier work
1. In the events of a transfer to easier less paid work associated
with the state of health an employee shall reserve their average wages
for the two weeks following the date of transfer.
2. The employees temporarily transferred to another less paid work
in connection with tuberculosis or an occupational disease shall be paid a sick list allowance in the amount which being added to the wage at
the new place may not exceed the full actual wage at the former place.
Such allowance shall be provided for the entire period of transfer not
to exceed two months. In case that easier work is not provided by the
employer within the term specified in the sick list, the allowance
shall be paid on a general basis for every day missed by this reason.
3. An employee temporary transferred to less paid work in connection with an injury or another damage of health associated with work
shall be paid by the employer liable for the damage thus caused the
difference between the previous wage and the wage at the new place.
Such difference shall be paid until recovery or until identification of
sustainable disability or disablement.
4. The legislation may provide other cases of reservation of previous average wages or of payment of the public social insurance allowance in the event of a transfer to less paid easier work.
Article 300. Transportation of an employee having got sick at
the working site to a medical treatment institution
The transportation of an employee having got sick at the working
site to the medical treatment institution shall be performed by the vehicles or at the expense of an employer.
Article 301. The financial liability of an employer for the losses
caused to an employee through the damages of their
health
An employer shall bear financial liability for the losses caused
to an employee through the injuries or other damages of their health
associated with the performance of the professional duties by the employee (see Chapter XIX of this Code).
Chapter XV
Women's labor
Article 302. The works where the women's labor is prohibited
1. The women's labor shall be prohibited at hard works, at works
with bad for health labor conditions, and at underground works, except
for some kind underground works (non-physical works or sanitation and
every day services).
2. In the events of attraction of women to the work associated
with lifting and moving of heavy loads an employer shall provide the
means of mechanization and automation and other devices for transportation of the loads.
3. The labor of pregnant women at the works associated with manual
lifting and/or manual removing of loads is prohibited.
4. The list of hard works and works with bad for health labor conditions where the women's labor is prohibited shall be approved in
compliance with the procedure established by the Government of the Kyrgyz Republic.
Article 303. Prohibition and limitation of night shifts, overtime
work, work on weekends, and business trips for
pregnant women and mothers of children under three
years of age
1. Pregnant women and the women who have children under three
years of age shall be prohibited to attract to night or overtime work,
work on weekends and business trips.
2. Mothers of children from three to eight years of age may be
attracted to night and overtime work and work on weekends or sent to a
business trip only by their consent.
Article 304. Transfer of pregnant women and mothers of children up
to one and a half year of age to easier work
1. Production and services quota for pregnant women shall be reduced in accordance with a medical conclusion, or they shall be transferred to easier work which excludes the influence of unfavorable production factors; the average wages for their previous jobs shall be reserved.
2. Prior to the settlement of the issue of the based on a medical
decision offer of easier work excluding the influence of unfavorable
production factors to a pregnant woman she may be released from work,
while her average remuneration for the missed business days shall be
saved at the expense of her employer.
3. In case that a women who has a child/children under one and a
half year of age cannot proceed with her work she shall be transferred
by consent of the employer to another work while her average wages
shall be saved until the child/children reach(es) one and a half year
of age.
Article 305. A leave on pregnancy and childbirth
1. Women shall be given a leave on pregnancy and childbirth with
the duration of 70 calendar days prior to childbirth and 56 (in the
events of complicated birth or birth of two or more children - 70) calendar days after the birth, and paid public social insurance for the
term specified herein.
2. The leave on pregnancy and birth shall be calculated in total
and granted to the women regardless of the number of the days actually
spent on leave prior to the childbirth.
Article 306. A labor leave connected with the leave on pregnancy
and childbirth
Prior to the leave on pregnancy and childbirth or upon it, as well
as upon the expiration of the leave for nursing a child, a woman at her
request shall be given a labor leave irrespectively of duration of work
for the employer.
Article 307. A leave for nursing a child under three years of age
In compliance with the procedure, and terms and conditions provided by Article 205 of this Code at request of a woman irrespectively of
the duration of work she shall be given a leave for child nursing until
the child reaches three years of age.
Article 308. Additional days off
1. At request of a mother bringing up a handicapped child under 16
years of age an additional day off shall be given to her monthly and
paid in the amount of her average wages at the expense of the social
insurance fund.
2. At request of a mother bringing up two or more children under
16 years of age one day off shall be given to her monthly and paid in
the amount and under the terms and conditions which comply to the collective contract.
Article 309. The leaves for women with adopted children
1. Women with adopted children/child under three months of age
shall be given a leave for the 70 calendar days following the date of
adoption with payment of the public social insurance allowance for the
term specified herein.
2. On/at request of a woman who has adopted a child she shall be
given a leave on child nursing in the events and in compliance with the
procedures provided by Article 205 of this Code.
Article 310. The breaks for feeding a child
1. Mothers of children under one and a half year of age shall be
provided breaks for feeding a child in addition to a general break for
rest and meals.
2. Such breaks may not be given less than every three hours, and
every break shall last for half an hour. In case that a woman has two
or more children under one and a half year of age the duration of the
break may not be less than one hour.
3. Breaks for feeding a child shall be included in business time
and paid in the amount which complies to the average wages.
4. Terms and conditions for breaks may be determined by an employer who shall take into account the preferences of a mother.
Article 311. The guarantees to pregnant women and to mothers in
the events of conclusion and cessation of labor
contracts
1. It is prohibited to reject a woman of conclusion of a labor
contract or to reduce her salary under the pretext of her pregnancy or
children/child under three, and for unmarried mothers - under 14 (a
handicapped child - under 16) years of age.
2. In the events of a refusal to conclude a labor contract with a
women belonging to any category specified herein an employer shall inform such woman in written form about the reasons for the refusal. The
refusal to conclude a labor contract may be appealed in court.
3. A labor contract with a pregnant woman or with a mother of a
child/children under 3 years of age (a single mother of a child under
14 or of a handicapped child under 16 years of age) may not be canceled, except for the cases of full liquidation of an enterprise, agency,
or organization, or cessation of the business activity of an employer,
where cessation of the labor contract followed by obligatory employment
is permitted. Jobs shall be obligatory offered to the women specified
herein either by a legal successor of the employer or by the state employment service. The employer shall also be obliged to offer a job in
the events of an anticipatory dismissal prior to the expiration of a
fixed-term labor contract with such woman. The average wages for the
period of placing in a job not to exceed the three months following the
date of expiration of the fixed labor contract shall be reserved in the
case under consideration.
Article 312. Places in sanatoriums and health resorts and
financial assistance to pregnant women
An employer may, if necessary, provide a pregnant woman with a
charge-free place in a sanatorium or a health resort, or provide such
place on preferential terms.
Article 313. Additional privileges to be granted to women working
for employers widely using women's labor
1. The employers widely using female labor shall, on their own
initiative or in cases provided by the legislation or by the collective
agreement, organize day nurseries and kindergartens, the rooms for infants in arms feeding and hygienic rooms for women, determine in accordance with medical recommendations jobs and types of work (including
work home) where pregnant women in case of necessity may be transferred, and independently or jointly create special subdivisions utilizing
female labor.
2. A woman may be hired only after a preliminary medical examination, and thereafter is liable to an obligatory annual medical examination to be performed at the expense of an employer.
Article 314. The guaranties and privileges of fathers
1. The guaranties and privileges provided by this Code and by collective agreements to working mothers may also apply to working fathers
bringing up a child/children without a mother (due to her death, deprivation of parental rights, long-term hospitalization, and/or other reasons).
2. A leave for nursing a child under 3 years of age can be provided on discretion of a family to a working father in compliance with
the same procedure and terms as established for mothers.
3. A working father of a sick child under 14 years of age, or of a
child under 3 years of age in the events of a mother's illness has
right to the privileges provided for mothers.
the
Article 315. The guarantees and privileges of relatives of a child
1. A leave for nursing a child under 3 years of age may, in compliance with the same procedure and terms as established for mothers be
provided on a family's discretion to a working relative of the child
who actually looks after the child.
2. A working relative of a sick child under 14 years of age, or of
a child under 3 years of age who actually looks after the child in the
events of illness of a mother of the child have the right to a social
allowance in accordance with the same procedure and terms as stipulated
for mothers.
3. Allowances provided by this Article shall be provided and paid
out in the place of work of the relative of the child.
Article 316. The guarantees and privileges of other persons
An employee who has adopted a child/children and a guardian of a
child/children have the right to:
1) a leave for the 70 calendar days following the date of adoption
or assuming of a guardianship of a child under 3 years of age in compliance with the same procedure and terms as stipulated for mothers;
2) a leave for nursing a child under 3 years of age in accordance
with the same procedure and terms as stipulated for mothers;
3) other guarantees and privileges provided by this Code, by collective contracts, and/or by collective agreements for mothers of
children of the respective age.
Chapter XVI
Labor of youth
Article 317. The age allowing to enter into labor contracts
1. Labor contracts shall not be permitted to conclude with persons
under 16 years of age.
2. A youth of 14 years of age and older may enter into a labor
contract by a written consent of their parents (guardians) on implementation of easy work which:
1) is not harmful for the health and development of the youth;
2) does not prevent them from attendance in general education institutions.
3. The list of easy works which may be performed by persons from
14 to 16 years of age shall be established by the Government of the
Kyrgyz Republic.
Article 318. The rights of underage persons in labor legal
relationships
The rights of juveniles (under 18 years of age) in labor legal relationships are equal to the rights of adult persons. In the sphere of
labor protection, business time, leaves and some other labor conditions
juveniles age may enjoy the privileges stipulated by this Code and by
collective contracts.
Article 319. The works where the labor of persons under 18
is prohibited
1. Labor of persons under 18 years of age on hard works, works
with harmful for health and/or dangerous labor conditions, underground
works or work undermining their proper moral development (casino business, night clubs, and production, transportation and marketing of alcohol, tobacco, narcotic and toxic products) shall be prohibited.
2. In the events of hiring a person under 18 for work which includes lifting and/or removing of heavy objects an employer shall provide
mechanical and automatic devices and other facilities for transportation of loads.
3. Persons under 18 years may not be allowed to work with machinery, mechanical devices and/or facilities which lack the safety certificate.
4. The list of works where the labor of persons under 18 is prohibited shall be approved in compliance with the procedure established by
the Government of the Kyrgyz Republic.
Article 320. Medical examination of persons under 18 years of age
1. Any person under 18 years of age may be hired only upon a preliminary medical examination and shall be subject to the obligatory annual medical examination until s/he reaches 18.
2. Medical examinations of persons under 18 shall be performed at
the expense of an employer.
3. Obligatory annual medical examinations of underage persons
shall take place during the business time, and the average salaries
shall be reserved.
Article 321. Prohibition against attraction of employees under 18
years of age to overtime and night work and to work
on days off
1. An employee under 18 may not work overtime and/or at night,
be sent to a business trip without their consent.
2. A person under 18 shall be prohibited to work on days off.
or
Article 322. The leaves of employees under 18 years of age
1. An employee under 18 shall be given an annual paid leave which
may not be shorter than 31 calendar days and may be taken any time convenient to the employee.
2. For employees under 16 years of age the daily rest including
night time may not be less than 18 hours.
Article 323. The production norms for employees under 18 years
of age
Production norms for employees under 18 shall be determined on the
basis of the production norms for adult employees proportionally to the
reduced business time stipulated for a corresponding category of employees by this Code.
Article 324. The production norms for young employees
1. Reduced production norms may be fixed for employees hired upon
graduation from general education and/or vocational training instituti-
ons, or courses conducted directly at a respective enterprise.
2. The extent to which the production norms may be reduced and
terms of such reduction shall be determined by a collective contract.
Article 325. Wages of employees under 18 with a short business
hours
1. The employees under 18 working a short business day shall be
paid the same wages as adult employees of the corresponding categories
working a full business day.
2. Labor of employees under 18 allowed to piecework shall be paid
by the piece in compliance with the rates established for adult employees plus additional remuneration to be made according the tariff rate
for the time for which their business day is shorter than the business
day of adult employees.
3. Wages of students of general education and vocational training
institutions who work during the free from classes time may be proportional to the worked-off time or depend on the production output. An
enterprise may provide remuneration additional to the wages of a student.
Article 326. Job quotas for employment of youth
1. An employer shall hire young people having finished a general
education or a primary/secondary vocational training institutions, and
persons under 18 years of age who specially need social protection and
experience difficulties with seeking for a job (orphans, students graduated from schools-orphanages, children without parental care, etc.)
directed by the state employment services to be employed at account of
the quota established by local Keneshes of the Kyrgyz Republic.
2. Refusal of employment at account of the stipulated quota to a
person specified in Part 1 of this Article shall be prohibited and may
be appealed by such person in court.
3. An employer shall be liable for the refusal to hire a person
specified in Part 1 of this Article in compliance with the procedure
established by the legislation of the Kyrgyz Republic.
Article 327. Jobs for persons after a primary, secondary or higher
education and/or vocational training institution
1. A person who has finished a primary, secondary or higher education/vocational training institution shall be provided with job in
compliance with the received specialty and qualifications on the basis
of a contract between such person and an employer, or on the basis of a
contract on training of specialists between a primary, secondary or
higher education/vocational training institution and an employer.
2. Local Keneshes of the Kyrgyz Republic supervising secondary and
higher education/vocational training institutions, and state employment
services agencies shall provide assistance in employment to the persons
after primary, secondary and/or higher education/vocational training
institutions taking into account their professional training level and
qualifications. The employment services offices others than the state
employment agencies may provide assistance in employment to such graduate at their request.
3. Refusal of an employer to hire a graduate of a primary, secondary or higher education/vocational training institution in compliance
with the contracts (agreements) stipulated by Part 1 of this Article
may be appealed by such person in court.
4. In case of refusal to hire a graduate of a primary, secondary
or higher education/vocational training institution having arrived to
work in accordance with a contract (agreement) specified in Part 1 of
this Article an employer shall be liable in compliance with the procedure provided by the legislation of the Kyrgyz Republic.
Article 328. Additional guaranties to employees under 18 years of
age in the event of cancellation of the labor
contract
Cancellation of the labor contract with an employee under 18 provided that the general procedure for a dismissal are observed may be
permitted only by consent of the State Inspection on Labor under the
Ministry of Labor and Social Protection of the Kyrgyz Republic and of
the rayon (town) commission on affairs of juveniles of the local Kenesh
of the Kyrgyz Republic. Along with this the labor contract may be canceled on the grounds specified in Paragraphs 1 and 2 of Part 1 of Article 119 of this Code only in extraordinary cases and may not be permitted without subsequent employment.
Chapter XVII
Professional training of employees.
Skill upgrading and retraining
1. Professional training of employees
Article 329. Arrangement of professional training of employees
An employer shall organize professional training and upgrading of
the employees' professional skills, and, if necessary, enable them to
acquire a "second" profession either directly at an enterprise or in a
vocational education institution in accordance with the social plan of
the enterprise (to be done at least every five years).
Article 330. Development of the conditions which enable an
employee to combine work and training
1. An employer shall establish conditions required to combine work
and training of the employees on professional training, skill upgrading, or learning the second profession in accordance with the social
plan of the enterprise, as well as the conditions required for the employees who combine work with simultaneous studies at educational institutions.
2. An employer shall provide privileges stipulated by the laws and
by other legal acts and agreements on labor for the employees combining
work with training.
Article 331. The guarantees to the employees on professional
training in accordance with the social plan of an
enterprise
1. An employee at professional training or skill upgrading courses, or an employee acquiring a second profession either directly at an
enterprise or at vocational education institutions in accordance with
the social plan of the enterprise shall reserve their average wages during the entire period of studies.
2. On completion of professional training, skill upgrading or learning a second profession an employee shall be assigned an appropriate
professional grade (level, class, category).
Article 332. Arrangement of professional consultations for
employees at an enterprise
1. The right of employee for a consultation on professional orientation shall be insured by the public professional orientation system.
2. The public professional orientation system agencies shall establish their subdivisions (regular or temporary professional consulting centers) at enterprises by/at request of employers. Such centers
shall be financed at the expense of enterprises.
3. Subdivisions of enterprises, educational institutions, and
agencies of the state employment services dealing with professional
consulting of employees may implement their consulting activities aimed
at identification of professional capabilities of employees with/upon
permit of appropriate agencies of the public professional orientation
system.
Article 333. Training during restructuring of an enterprise
1. Within the period of restructuring of production at an enterprise an employer shall take action to organize at the expense of the
enterprise preliminary professional retraining of employees working in
the subdivisions under restructuring to make them ready to implement
new work. In case that the enterprise lacks corresponding funds the
employer has the right to a beneficial loan within the governmental
programme of assistance to professional development of personnel provided that s/he submits concrete projects of the restructuring.
2. An enterprise under reorganization of production may arrange
training of the employees during business or free time, directly at the
enterprise or in a vocational training institution, depending on the
needs of the enterprise.
Article 334. Professional rehabilitation of an employee
An employer shall provide professional rehabilitation at the same
enterprise or in a special training center to an employee whose capability to work is temporarily lost as a result of a professional decease,
production injury, long illness, or other similar reasons
Article 335. The guarantees to employees combining work with
the studies at educational institutions
1. An employee combining work with the studies in an educational
institution shall have the right to an additional leave from work, a
reduced business week, and other privileges in compliance with the procedure and conditions provided by laws and other regulatory acts, provided that the employee successfully completes the curriculum at the
educational institution.
2. A collective or a labor contract may provide additional privileges to the employees studying in educational institutions, to be done
at the expense of an enterprise.
2. Upgrading of professional skills and retraining
Article 336. Upgrading of professional skills and retraining
1. An employer shall upgrade the professional skills of employees
and, if necessary, arrange their retraining.
2. Skill upgrading or retraining of an employee shall be performed
at least every five years.
3. Skill upgrading and retraining shall be performed at the expense of the employer.
4. An employee shall suspend their work at an enterprise for the
time of upgrading their professional skills or retraining in an educational institution (center).
5. A document reflecting the results of skill upgrading or retraining in compliance with the established standard form shall be issued
and provided to the employee.
6. Other issues of skill upgrading and retraining shall be regulated in compliance with the procedure established by the Government of
the Kyrgyz Republic.
3. Combining work with studies/training
Article 337. Encouragement of employees combining work with
studies
Successful professional training at an enterprise and acquiring of
the secondary, vocational training, and/or higher education shall be
taken into account in the events of assignment of a higher grade (level, class, category) or in the events of promotion.
Article 338. The privileges of employees studying at educational
and professional training institutions
1. An employee combining work with the studies in an educational
or a vocational training institution with state accreditation shall be
given leaves in connection with the studies paid in compliance with the
established procedure, and other privileges.
2. An annual paid leave may be given to such employee upon their
request in any season of a year.
Article 339. Reduction of the business time of the employees
studying in educational schools
1. The following reductions of a business week shall be provided
for the academic year term to an employee combining work with the studies at secondary evening (shift) or distant education school: schools
of working youth - at least by one business day or by the number of hours equal to one business day (in the events of reduction of business
time during a week); schools of rural youth - at least by two business
days or by the number of hours equal to two business days (in the
events of reduction of business time during a week).
2. The persons specified herein may not be released from work during the academic year for less than 36 business days under the six-day
business week labor regime, or less than for the number of hours comprising 36 business days. In the event of a five-day business week the
number of free from work days may change depending on duration of the
working shift while the number of free from work hours shall remain
unchanged.
3. The persons specified herein shall be paid at least 50% of the-
ir average wages at the enterprise for the time of release from work;
the remuneration to be paid for such period may not be less than the
minimum average salary.
4. An employer may release an employee studying at a secondary
evening (shift) school or at a distant education school from work for
one or two business days a week without reservation of wages at request
of the employee and provide them other privileges given that such release or other privileges do not cause problems to the activities of the
enterprise.
5. In particular cases where the trade conditions (seasonal, sliding schedule work, etc.) prevent an employee studying at a secondary
general education evening (shift) or distant education school from regular utilization of free days, an employer may give them the accumulated quantity of free days during interseasonal period or in other period of less intense business activities at the enterprise.
Article 340. The leaves conditioned by studies at general
education schools
1. An employee combining work with studies in a general education
secondary evening (shift) or distant education school shall be given an
additional leave not to be less than 20 business days for final (11th
grade examinations), or than 8 business days for the 9-th grade examinations; the average wages in both cases specified herein shall be reserved at the place of their principal job.
2. An employee allowed to examinations as an external student of a
general education school shall be given an additional leave not to be
less than 15 days, and in the events of final examinations - not less
than 20 days with reservation of the average wages at the principal
job.
Article 341. The terms of labor leaves of employees studying in
general education or secondary vocational training
institutions
1. When providing a labor leave to an employee combining work with
studies at a general education secondary evening (shift) or distant
education school, or to an employee combining work with studies on direction (bid) of an employer or according a contract (collective or labor) concluded with the employer on studies in a secondary vocational
training institution of evening(shift) system of education or at evening (shift) department of a secondary vocational training institution,
the employer shall, at the employee's request, time the labor leave to
the examination period at school or in the secondary vocational training institution.
2. An employee combining work with studies at a general education
secondary evening (shift) or distant education school upon their request may be given an annual leave which can be used before the studies
start.
Article 342. The limitations of involving employees studying in
general educational or secondary vocational
institutions in overtime works
It shall be prohibited to involve on school days (without consent
of an employee) in overtime work an employee combining work with studies at a general education secondary evening (shift) school, at a dis-
tant education school, on the employer's direction (bid), or in accordance with the contract (collective or labor) concluded with the employer on studying at a secondary vocational school according the evening
(shift) system of education, or at studying at the evening (shift) department of a vocational training institution.
Article 343. The leaves in connection with studies in secondary
vocational training schools
An employee combining work with studies on the employer's direction (application), or in accordance with the contract (collective or labor) concluded with the employer on studying at a secondary vocational
school according the evening (shift) system of education, or at studying at the evening (shift) department of a vocational training institution shall be given an additional leave for preparing and passing exams
for 30 calendar days a year with reservation of the average at the
principal job.
Article 344. The leaves for entrance examinations to higher or
secondary vocational training institutions
1. An employee allowed to entrance examinations to a higher or secondary vocational training institution shall be given a non-paid leave.
2. An employee allowed to entrance examinations to a higher education institution shall be provided with a leave no to be less than 15
calendar days, and to a secondary vocational training institution - not
less than 10 calendar days, plus the time spent on the way to the location of the institution and back.
Article 345. The privileges of the students of pre-study
departments of higher education institutions
1. An employee combining work with studies at a pre-study department of a higher education institution at their request may be provided
at least one unpaid free from work (business) day a week during academic year.
2. For the period of graduating examinations an employee shall be
provided with an additional unpaid leave not to be less than 15 calendar days plus the time spent on the way to the location of the institution and back.
Article 346. The privileges of students of evening or distance
education higher or secondary vocational training
institutions
An employee successfully studying at an evening or distance education higher or secondary training institution accredited by state on
direction (application) of an employer or in accordance with the contract on training (collective or labor) concluded with the employer
shall be granted privileges provided by Articles 347-350 of this Code
and by other legislative acts of the Kyrgyz Republic.
Article 347. Reduction of the business time of students of evening
or distant education higher or secondary vocational
training institutions
1. An employee studying at an evening or distant education higher
education institution or at an evening or distant education secondary
vocational training institution during the period of 10 academic months
prior to the preparation of the diploma project (paper) or graduation
examinations may be released from work for one day a week under the
six-day business week labor regime. Such day may be paid in the amount
of 50% of their average wage at the principal work, but not less than
the stipulated minimum salary. Under the five-day business week labor
regime the number of free days may change depending on duration of the
working shift while the number of free from work hours shall remain
unchanged.
2. An employer may weekly provide additional unpaid days at request of a student during the 10 months term.
Article 348. The leaves conditioned by studies at evening or
distant education higher or secondary vocational
training institutions
1. An employee successfully studying at a higher education evening
institution for the period of introductory classes laboratory works,
and/or credits and exams shall be given a 20 calendar days leave in the
first or second year of study and a 30 calendar days leave in the third
or any subsequent year of study. an employee successfully studying at
an evening vocational training institution for the period of laboratory
works and examinations shall be given a 10 calendar days leave in the
first or the second year of study and a 20 calendar days leave in the
third or any subsequent year of study.
2. An employee successfully studying at a distant education higher
or secondary vocational training institution for the period of introductory classes, laboratory works, and/or examinations shall be given a
30 calendar days leave in the first or the second year of study and a
40 calendar days leave in the third or any subsequent year of study.
3. A student of an evening or distant education higher or a secondary vocational training institution for the period of state examinations shall be given a leave for 30 calendar days.
4. A student of an evening or distant education higher education
institution for the period of preparation and defense of the diploma
project (paper) shall be given a 4 months leave. A student of an evening or distant education vocational training institution shall be given a 2 month leave for the period specified herein.
5. An employee shall reserve their average wages in the period of
leaves conditioned by studies at an evening or distant education higher
or secondary vocational training institution.
Article 349. The leave for familiarizing with the work on
the chosen specialty and for preparation of materials
for a diploma project/paper
An employer may, upon recommendation of an appropriate educational
institution, provide a last year student of an evening or distant education higher or vocational training institution with an additional one
month unpaid leave for familiarizing right at the enterprise with the
work on the selected specialty and for preparation of material for the
diploma project/paper.
Article 350. The terms of labor leaves of students of evening or
distant education higher or secondary vocational
training institutions
1. When providing a labor leave to an employee combining work with
studies at an evening or distant education higher or secondary vocational training institution an employer shall, at the employee's request,
time such leave to the period of adjustment classes, laboratory works
or examinations at any educational institution specified herein.
2. The labor leave specified herein may also be timed to the vacations in an educational institution.
3. A student of a higher education or vocational training institution studying according to the evening or distant education system at
their request may be given a labor leave in the first year of work prior to the expiration of the 11 months term.
Article 351. The payment for the travel to the location of
a distant education institution
1. An employer shall cover 50% of the travel expenses to a student
of a higher or secondary vocational training institution, a post-graduate, and/or a doctorate provided that such person studies according the
distant education system, for the travel by an appropriate type of
transportation to the location of the institution to the introductory
classes, laboratory works, and/or credits and exams, and back, as stipulated by the legislation on business trips (to be done one time a
year).
2. The same amount shall be paid for the travel required to prepare and defense a diploma project (paper) or to take graduation examinations.
Chapter XVIII
Individual labor disputes
1. Settlement of labor disputes
Article 352. Parties, content and procedure for consideration of
individual labor disputes
1. The reasons for individual labor disputes are disagreements
between an employer and en employee with respect to application of the
laws of the Kyrgyz Republic and other legal acts and agreements on labor, as well as changes in the terms and conditions of the labor contract.
2. An employer and an employee shall take action to settle a dispute by themselves.
3. Individual labor disputes unsettled by agreement between the
parties shall be considered in compliance with the procedure established by this Code unless the legislative acts of the Kyrgyz Republic other than this Code establish different procedure for consideration of
such disputes.
Article 353. The bodies in authority to consider individual labor
disputes
1. Individual labor disputes on application of legislative and other legal acts on labor or of a collective or labor agreement may be
considered:
1) by commissions on individual labor disputes;
2) by courts.
2. Individual labor disputes of certain categories of employees
shall be considered in compliance with a special procedure.
Article 354. The procedure for consideration of individual labor
disputes
1. The procedure for consideration of individual labor disputes by
commissions on labor disputes and by superior bodies shall be regulated
by this Code, and in courts, in addition, the provisions of the Civil
Procedural Code shall apply.
2. The disputes on an anticipatory release of an official of a
public organization/association or of another organization/association
of citizens from an elected paid position by decision of the bodies
which have elected such official shall not be subject to the procedures
established by this Code for consideration of individual labor disputes.
Article 355. A commission on individual labor disputes
1. The commission on individual labor disputes shall be established on a basis of parity and shall consist of representatives of a trade union and of other representative bodies of employees and employers.
The candidates who have received the majority of votes and for whom more than half attendants at the general meeting (conference) of an enterprise, an agency, or an organization have voted may be considered
elected members of the commission. The election procedures, the quantity and (the list of) members of the commission, and the terms of its
authority shall be determined by the general meeting (conference) of
the employees of an enterprise, agency, or organization. The commission
on labor disputes shall elect a chairman, deputy chairman and a secretary out of its members.
Article 356. Jurisdiction of the commission on individual labor
disputes
1. The commission on individual labor disputes (given that it is
established) is an obligatory first instance considering individual labor disputes, except for cases where this Code or other legislative
acts establish different procedure for consideration.
2. The commission on individual labor disputes shall consider disputes between employees related to application of the legislation on
labor, collective agreements, contracts and/or other local regulatory
acts or labor agreements, including the disputes on:
1) established rates and/or norms of production output as well as
conditions of their fulfillment;
2) a transfer or a transference to another job;
3) wages, including the events of a failure to fulfill production
norms, of a forced interval, of combining professions (positions), of
substitution, and of overtime and night time work;
4) the right to receive premiums and/or bonuses due to an employee
as stipulated by the employer's system of wages;
5) reimbursements and guarantees;
6) return of money deducted from an employee's wages;
7) leaves;
8) supply with special clothes and shoes, means of individual protection and recovery and decease-preventive food.
3. The jurisdiction of the commissions on individual
tes established by subdivisions of an enterprise, agency,
tion shall be determined by written agreement between an
the representative body of employees, or by the collective
labor dispuor organizaemployer and
contract.
Article 357. The procedure for admitting of applications by
the commission on individual labor disputes and for
holding neetings; terms of consideration of labor
disputes
1. An application of an employee submitted to the commission on
individual labor disputes shall be subject to obligatory registration.
2. The dispute shall be considered in presence of the employee having submitted the application. Discussion of the subject of the dispute in absence of the employee may be allowed only by their written notice.
3. In the events of a failure of the employee to attend the meeting of the commission, the discussion of the application shall be
postponed. Upon second failure of the employee to appear without valid
reason the commission may decide to remove the application from the
discussion which does not deprive the employee of the right to submit
the application again.
4. The commission on individual labor disputes has the right to
summon witnesses, to invite experts, members of the body representing
the enterprise employees, and representatives of other public organizations. An employer shall provide necessary calculations and documents
at request of the commission.
5. Meetings of the commission shall be reflected in the minutes
signed by the chairman and the secretary of the commission.
6. The commission on individual labor disputes shall consider a
labor dispute within ten days.
Article 358. Decision making of the commission on individual labor
disputes
1. The commission on individual labor disputes may take a decision
by mutual consent of the representatives of an employer and of the representative body of the enterprise employees.
2. A decision of the commission's is binding and shall not be liable to the approval of an employer or of the representative body of
the enterprise employees.
3. A decision shall specify: employer; last, first and middle name(s) of an employee having addressed the commission; dates of address
to the commission and of discussion; the subject of the dispute; last
names of the commission members present at the meeting; well-grounded
decision taken by the commission.
4. Copies of the decision shall be provided to the employee and
the employer within three days.
Article 359. Appealing the decision of the commission on
individual labor disputes
1. A decision of the commission on individual labor disputes may
be appealed by an employee and/or an employer except as provided in Articles 372-374 of this Code in court within the ten days following the
day on which a copy of the decision is handed in or the day on which
such copy is to be handed in.
2. A failure to appeal a decision of the commission within such
term may not be considered the reason for refusal to admit a claim.
Article 360. The guarantees to the members of the commission on
individual labor disputes
1. A labor contract with an employee who is a member of the commission on individual labor disputes may not be canceled on initiative
of an employer during the term of exercise of their authority (except
for the cases resulted from their wrong doings as provided by Paragraphs 4 and 5 of Part 1 of Article 119, by Article 122 by other Articles of this Code, and/or by other legislative acts, as well as for cases of liquidation of an enterprise, agency, or organization, or cessation of the business activity of an entrepreneur), nor may the salary
or the tariff rate of such member be reduced (decreased).
Article 361. Settlement of labor disputes in court
1. The court may settle labor disputes of the following applicants:
1) an employee or an employer in case that they disagree with the
decision of the commission on individual labor disputes, or in case
that the representatives of the employer and of the representative body
of the enterprise employees in the commission have failed to come to
agreement;
2) an employee, in case that the commission on individual labor
disputes has not considered their claim within the stipulated ten days
deadline;
3) a public prosecutor, in case that the decision of the commission on individual labor disputes contradicts the law.
2. Court may directly settle labor disputes on the claims of the
following applicants:
1) an employee hired by an employer who has not established the
commission on individual labor disputes;
2) an employee by their application for reinstatement in the job
irrespective of the reasons for cancellation of the labor contract, for
amendment of the date and formulation or of the reason for dismissal,
and/or for remuneration for forced absence from work or for execution
of a less paid job, with the exception of the disputes of employees
subject to settlement procedure other than the court procedure;
3) an employers on their application for reimbursement of financial losses caused by an employee;
4) an employee on the issue of application of the labor legislation which in accordance with the legislation has been settled by the
employer and the representative body of the enterprise employees within
their jurisdiction;
5) an employee in the events of refusal of an employer to issue
the act on an accident or in the events of disagreement with the content of such act.
3. The court may also directly settle disputes on refusal to enter
into a labor contract with:
1) an individual invited to job according to the procedure of
transfer from another employer;
2) a young specialist graduated from a higher education or a vocational training institution, a post graduate, and/or a doctorate having
graduated from internal post-graduate (doctorate) courses, and/or a
graduate of a vocational training school directed to work to a particu-
lar employer in accordance with the established procedure;
3) any other person with whom an employer in accordance
legislation shall enter into a labor contract.
with
the
Article 362. The deadlines for submission of applications for
settlement of labor disputes
1. An employee may address the commission on individual labor disputes, or, in cases provided by legislative acts, apply to court within
the three months following the date when s/he finds out or is to find
out the violation of their rights. In the events of a dismissal an employee may apply to court within one month following the date of issuance of the copy of the order on their dismissal or the date of return of
their work-record card with a record of the reason for cancellation of
the labor contract, or from the date of refusal to issue or of a refusal to receive such documents.
2. An employer may apply to court on the issues of reimbursement
of financial losses incurred by an employee within the year following
the day of disclosure of such losses.
3. An employee may apply to a superior body in authority to settle
the dispute within the three months, and in the events of a dismissal within the/one month following the date of issuance/provision with a
copy of the resolution, order (instruction) on infliction of the взыскание or on a dismissal, or the date of giving out their work-record
card with a record on the reason for cancellation of the labor contract, or the date of refusal to give out or to receive such documents.
4. The deadlines specified herein may apply in the events of a petition to court, to a superior body, or to the public prosecutor office.
5. In case that the deadlines provided by this Article are missed
due to a valid reason they may be reestablished respectively by the
commission on individual labor disputes, by court, and by a superior
body.
6. A claim submitted upon the expiration of the one year following
the day on which the court decision or the decision of a superior body
on refusal of reinstatement on/at job becomes effective is not subject
to consideration.
Article 363. Reinstatement in job, in position, or in material
labor conditions
1. In the events of cancellation of a labor contract with no legal
reason, or of an illegal transfer, displacement, changes in material
labor conditions, or dismissal, the body considering the labor dispute
shall reinstate an employee in their job and preserve the previous material labor conditions.
2. In case that a court finds reinstatement of the employee in job
impossible or inexpedient, it shall oblige the employer to reimburse
the employee in the amount not to be less than twelve month average wages.
Article 364. Remuneration for the forced absence from work or
for performance of less paid work
1. In the event of reinstatement of an employee in job, or of
amendment in the wording of the reason for a dismissal which prevented
the employee from getting another job, the employee shall be paid the
average wages for the period of forced absence from work not to exceed
two years.
2. In the event of illegal transfer, displacement, changes in material labor conditions, or dismissal, by decision of the body having
settled the labor dispute the difference between the average wages of
an employee and the wages for the less paid work shall be reimbursed
for the entire period of implementation of the less paid work (not to
exceed two years) up to the date of their actual reinstatement.
3. An employer may make the payments provided by this Article in
cases where the decision of the body on settlement of labor disputes is
absent.
Article 365. The financial liability of an employer (official)
guilty of illegal dismissal, transfer, transference,
changes in material labor conditions or removal from
work
1. A court may make an employer (official) guilty of illegal dismissal, transfer, transference, changes in material labor conditions,
or removal from work liable for reimbursement of the losses caused to
the enterprise by the payment for the forced absence from work or for
the implementation of less paid work.
2. Such liability may be inflicted in cases where a dismissal,
transfer, transference, changes in material labor conditions, or removal from work have been performed with an obvious violation of law, as
well as in the events of delay of execution of the court decision or of
the decision of the superior body on reinstatement of an employee in
job, in position, and/or in material labor conditions.
Article 366. Immediate execution of certain decisions and
resolutions on labor disputes
1. A decision taken by a body on settlement of labor disputes on
issues provided in Article 374 of this Code shall be subject to immediate execution. In case that an employer delays the execution of such
decision or resolution, an employee shall be paid their average wage or
the difference between the actually paid amount and the amount due to
the employee for the delay from the day on which the decision or resolution is taken till the day on which it is executed.
2. A court decision on providing an employee with salary for the
period not to exceed one month shall be subject to immediate execution
in compliance with Article 205 of the Civil Procedural Code of the Kyrgyz Republic.
Article 367. The deadlines of execution of decisions taken by
the commission on individual labor disputes
A decision of the commission on individual labor disputes shall be
subject to execution by an employer within the three days following the
date of expiration of the ten day term provided for appealing against
such decision.
Article 368. Compulsory execution of a decision of the commission
on individual labor disputes
1. In the event of non-execution by an employer of a decision of
the commission on individual labor disputes within the period provided
by Article 362 of this Code the commission shall issue to an employee a
certificate which has the authority of an executive order.
2. Such certificate shall not be issued in case that the employee
or the employer applies to court for settlement of a labor dispute within the established term (see Article 381 of this Code).
3. The certificate shall specify: the name of the commission which
has taken a decision on the labor dispute; the date of decision making;
the date of issuance of the certificate; the employee's first, last and
middle name(s); the decision on the subject of the dispute. The certificate shall be signed by the chairman and the secretary of the commission.
4. In case that the issued certificate is submitted to court within three months the court executor shall provide compulsory execution
of the decision of the commission on individual disputes.
5. In case that an employee has missed the established three months term due to a valid reason, the commission on individual labor disputes which has issued the certificate may reestablish such term.
Article 369. The limitations of return of the money paid out
by decision of the bodies settling labor disputes
Return of the money paid to an employee in accordance with the decision of the commission on individual labor disputes or in accordance
with another subsequent settlement of a labor dispute, as well as of
the money paid according to a court decision on a labor dispute, or in
the event of cancellation of a decision according to the supervision
procedure may be permitted only in cases where the canceled decision
has been based on false information or fraud documents provided by the
employee.
Article 370. Satisfaction of financial claims
In the events of settlement of labor disputes concerning financial
claims, in addition to the claims for pay of the average wages for the
period of forced absence from work or of the difference of the remuneration for the period of implementation of less paid work (see Articles
365 and 375 of this Code), the body settling the dispute may take a decision on paying the money due to the employee for the period of time
not to exceed three years.
Article 371. The conciliation, intermediary, and arbitration
bodies of settlement of individual labor disputes
1. An employer may, by consent of a representative body of the enterprise employees, establish conciliation, intermediary, and arbitration bodies for the purpose of settlement of individual labor disputes.
2. The procedure for the activities of the body specified in Paragraph 1 of this Article may be determined by the parties which have
established such body, along with this the right of an employee to court defense may not be limited.
2. Settlement of labor disputes of certain
categories of employees
Article 372. Settlement of labor disputes of certain categories
of employees
1. Labor disputes between officials in authority elected, approved
or appointed to their positions by Jogorku Kenesh of the Kyrgyz Republic,by the President of the Kyrgyz Republic, by the Prime - Minister of
the Kyrgyz Republic, related to a dismissal,amendment of the date
and/or wording of the reason for the dismissal,transfer to another job,
the payment for forced absence from work or for implementation of less
paid work, or disciplining shall not be subject to settlement in court.
2. In the event of reinstatement of an employee in job the payment
for the time of forced absence from work shall be made for the period
commencing on the date of the dismissal, or for the period of performance of less paid work not to exceed three months. In this case the
provisions of Article 364 of this Code shall apply.
Article 373. The procedure for settlement of labor disputes by
a superior body
1. A superior body shall settle a labor dispute in presence of an
employee within one month following the date of receipt of the application of the employee. Settlement of the dispute in absence of the employee may be allowed only by their written consent or in the event of
their non-appearance upon repeated call.
2. The body settling the dispute may invite a representative of
the body of State Governance and Administration which has taken the decision being disputed, as well as a representative of the representation body of employees.
3. The decision of the superior body on labor dispute shall be based on the legislation and well-grounded.
4. In case that an employee is dismissed or disciplined without
legal reason, the superior body may take a decision to annul the corresponding resolution or order (instruction).
5. Within the three days following the day on which the subject of
the dispute is considered the copies of the decision of the superior
body shall be sent or handed in to the employee and to the body the actions of which have been appealed.
6. In the event of settlement of a labor dispute on a disciplinary
measure the superior body may not inflict on the employee a stricter
disciplinary punishment, but may replace the previously inflicted disciplinary punishment with a milder disciplinary punishment taking into
account the concrete circumstances under which a disciplinary fault has
been committed, and previous work and behavior of the employee.
Article 374. Reinstatement in job and payment for forced absence
from work by decision of a superior body
In the event of reinstatement of an employee in job by decision of
a superior body the average wages for the time of forced absence from
work or the difference in the remuneration for the time of performance
of less paid work shall be reimbursed. In these cases Articles 368 and
369 of this Code shall respectively apply.
Chapter XIX
Liability of employees and employers.
Supervision and control over observance
of the labor legislation
1. Financial liability of the parties
in a labor contract
Article 375. The obligations of any party in a labor contract
to reimburse the damages caused to the counterpart
1. Any party in a labor contract (an employer or an employee) who
has caused damage the counterpart shall reimburse the damages as provided by this Code, by laws and by other regulatory acts.
2. A labor contract may provide reciprocal financial liability of
the parties. In this case the extent of the contractually agreed liability of an employer to an employee shall not be lower, nor shall the
extent of the contractually agreed liability of the employee to the
employer higher than provided by this Code.
3. Termination of labor relationships after causing damages may
not release the parties in the contract from financial liability under
this Code.
Article 376. The conditions of holding financial liability by
the parties under a labor contract
1. A party in a labor contract shall hold financial liability in
the event of actual damage caused to its counterpart labor contract as
a result of guilty illegal behavior (be it action or inaction) unless
this Code provides otherwise.
2. Any party shall prove the amount of the damages it has suffered.
Article 377. The damage subject to reimburse to an employee
An employer shall reimburse an employee any actual damage (including moral harm) in full unless otherwise provided by this Code.
Article 378. The liability of an employer to an employee
for illegal transfer to another job, illegal removal
from work or illegal dismissal of the employee
1. An employee illegally transferred to another job, illegally removed from work, or illegally dismissed and later reinstated shall be
paid the wages thus lost for the period from the date of such transfer
(dismissal) till the date of actual reinstatement not to exceed two
years.
2. Liability within the specified limits shall be held in cases
where a dismissal, a removal or a transfer has been done with obvious
breach of law.
Article 379. The financial liability of an employer for an illegal
or incorrect record in the work record card and/or
issuance of a discrediting reference
1. An employer shall hold financial liability for illegal or incorrect records in the work record card that have hampered an employee
to find another job.
2. An employer shall be liable to an employee for dissemination of
the information in any way discrediting the employee (including by issuance of a biased reference) if the dismissed has faced difficulties
in finding a new job in accordance with their specialty.
3. The extent of the liability of an employer shall be limited by
the annual wages of the employee received for their work for such emp-
loyer.
Article 380. The financial liability of an employer for the delay
to execute the decision of the body settling labor
disputes on reinstatement in job
An employer who delays the execution of the decision of the body
settling labor disputes on reinstatement of an employee in their job
shall reimburse the employee their wages for the whole period of forced
absence from work.
Article 381. The financial liability of an employer for the damage
caused to the property of an employee
1. An employer who has damaged the property of an employee due to
the non-fulfillment of their responsibilities under the labor contract
shall reimburse such damage in full. The damages shall be calculated on
the basis of market prices then current in a corresponding area.
2. The damages may be reimbursed in-kind by agreement between an
employer and an employee.
Article 382. The procedure for consideration of the issues of
reimbursement for the damages caused to an employee
1. The application for the reimbursement for damages shall be presented to an employer by an employee or by any other interested person.
2. The employer shall examine the application and make a respective decision within the ten days following the day of receipt of the
application supplemented by the required documents, or the date of presentation of additional documents. The decision shall be formalized by
an order (instruction) to be issued by the employer.
3. In case that the employee or another interested person disagrees with the decision of the employer or does not get an answer timely,
s/he may apply to court according to the employer's location as well as
according to the location of the residence of the employee or the interested person, or the place where the damage has been caused.
Article 383. The additional liability of an employer for a refusal
to satisfy the claim of an employee on a voluntary
basis
Simultaneously with the satisfaction of the claim of an employee a
court shall execute from the employer legal expenses to the benefit of
the employee and charge a fine to be allocated to the revenue of the
local labor and social protection agencies; the amount of such fine
shall comprise 100% of the sum executed to the benefit of the employee.
Article 384. The financial liability of an employee for damages
caused to an employer
1. An employee shall reimburse a direct actual damage caused to an
employer unless this Code provides otherwise.
2. The employee shall hold financial liability for direct actual
damages caused to the employer, be it the damage directly caused by the
employee to the employer, or the damages the employer has suffered
through the fault of the employee as a result of reimbursement by the
employer of the damages caused to any other person.
Article 385. The circumstances excluding financial liability of
an employee
An employee shall not hold financial liability in cases where the
damage is caused by force majeure, by normal economic risk, or by emergency or necessary defense.
Article 386. The right of an employer to reject the execution of
damages from an employee or from disciplining
the employee
1. Taking into account the circumstances under which the damage
has been caused, an employer may reject to execute the full or partial
the full or partial amount of damages from the guilty employee; s/he
may also reject to discipline the employee.
2. At the enterprises of the state (municipal) type of ownership
the decision on such rejection may be taken by the employer upon coordination with the representative body of the enterprise employees, and
the damages may be reimbursed at the expense of the funds of the enterprise.
Article 387. The extent of the financial liability of employees
1. As a rule, an employee shall hold full financial liability for
the damage caused to the employer due to the employee's fault.
2. This Code and/or a collective contract (agreement) may provide
limited financial liability of an employee for the damage caused to an
employer due to the fault of the employee except as provided by Article
389 of this Code.
Article 388. The extent of the limited financial liability
The limited financial liability may be held by:
1) an employee - in the amount of the damages caused through their
fault not to exceed their average monthly wage, in the event of damage
or destruction of materials, half-finished products and/or manufactured
products due to their negligence including the damage or destruction
caused in the production process as well as the deterioration or destruction of tools, measurement devices, special uniform and/or other objects given to the employee by the employer for utilization;
2) first officials in authority of an enterprise, an agency, or an
organization, their deputies, heads of structural subdivisions and their deputies - in the amount of the damages caused through their fault
not to exceed their three month wages, in cases where the damages are
caused by improper recording or storing of assets be it commodities or
money, by lack of the measures required to prevent forced intervals in
work, or by producing low-quality goods.
Article 389. The cases of full financial liability
1. Employees shall hold full financial liability for the damage
caused to an employer through the fault of the employees in cases where:
1) the agreement in writing on incurring by employees full financial liability for non-maintenance of the safety of the property and of
other assets entrusted to them for storage or for other purposes is
concluded between the employees and the employer as provided by Articles 390 and 391 of this Code;
2) the employee is accountable for the property and/or other assets received by them on the basis of the power of attorney valid for
one occasion or another document valid for one occasion;
3) the damage has been caused by a crime; the release of the employee from the criminal liability on the non-rehabilitating grounds
shall not release them from the financial liability;
4) the damage has been caused by the employee under the influence
of alcohol or narcotics/drugs;
5) the damage has been caused by the shortage, intentional destruction or deterioration of materials, half-finished products, manufactured products including in the process of their production as well as
to the tools, measurement devices, special uniform, or other items given by the employer to the employee for utilization;
6) the damages (including the lost profit) have been caused out of
the course of the fulfillment of labor responsibilities.
Article 390. Written contracts on the full financial liability
1. Written contracts on the full financial liability may be concluded between an employer and an employee (of 18 years of age and older) occupying the position or executing the job directly connected
with storage, processing, sale, transportation, or utilization of the
transferred to them assets in the production process.
2. The approximate list of such positions and jobs as well as the
approximate contract on the full personal financial liability shall be
approved in accordance with the procedure established by the Government
of the Kyrgyz Republic.
3. An employer may, taking into account the approximate list and
on the basis of the collective contract (if any), approve the list of
positions and jobs occupied, substituted, or executed by the employees
with whom the written contracts on the full financial liability may be
concluded.
Article 391. The full financial liability of an employee for
the shortage of the assets entrusted to them on
the basis of the special written contract
1. An employee directly servicing money or commodity assets shall
hold full financial liability for the shortage of such assets entrusted
to them on the basis of the special written contract.
2. When hiring an employee and later in addition to the labor
contract, the special written contract on the full personal or joint
financial liability can be concluded with the employee directly servicing money or commodity assets.
3. The lists of the categories of employees who may enter into the
above contracts shall be set by agreement between the employer and the
representative body of the enterprise employees.
4. The contract on the full personal or joint financial liability
shall specify the responsibilities of the parties in the labor contract
with respect to the safety of the assets entrusted to the employee (the
collective), and set the additional rights, responsibilities, and liability of the parties.
5. In accordance with the contract on the personal full financial
liability, the assets shall be entrusted to the employee who assumes
personal responsibility for their shortage. In order to release from
liability, the employee who has entered into such contract shall prove
the absence of their fault.
6. In accordance with the contract on the joint financial liability, the assets shall be entrusted to the group of persons chosen in advance who assume the full financial liability for their shortage. In
order to release from liability, the member of the collective/group
shall prove the absence of his/her fault.
7. The trade and/or other state-owned enterprises servicing assets
(storage, sale, transportation, processing) in accordance with the mutual decision of the employer and the representative agency of employees may establish the economic risk funds for reimbursement of shortages in cases where the persons guilty of the shortages are not found
out.
8. In cases where the damages are reimbursed on a voluntary basis
(Article 405 of this Code) the extent of fault of every member of the
collective shall be determined by agreement between all members of the
collective and the employer. In the events of execution of the damages
in accordance with the court procedure the degree of fault of every
member of the collective shall be set by court.
9. The Ministry of Labor and Social Protection may, upon coordination with the appropriate state authorities and the representative bodies of the employees of enterprises, accept the recommendations on the
procedure for the application of individual and/or joint financial liability at the enterprises regardless of the ownership and/or business
structure.
The local regulations on the above issues approved by the enterprises as well as the contracts in which an employee enters shall not
aggravate the situation of the employee by comparison with the abovementioned recommendations.
Article 392. The full financial liability of an employee for
the shortage of the assets received in accordance
with the document valid for one occasion
1. An employee whose routine labor responsibilities do not include
servicing of assets and who has not entered into the special written
contract shall hold the full material liability for the shortage of the
assets received by them in accordance with the document valid for one
occasion.
2. In order to release from liability the employee shall prove the
absence of their fault related to the shortage of assets.
3. The shortage of assets in this case may be fully or partially
reimbursed at the expense of the economic risk fund (Article 386 of
this Code).
Article 393. The full financial liability for the intentional
damage
1. An employee shall hold the full financial liability for the intentional damage s/he has caused to the employer.
2. The burden of proof of the intention shall rest with the employer.
Article 394. The full financial liability for the damage caused
by an employee under the influence of alcohol
1. An employee who has caused damage under the influence of
alco-
hol or drugs/narcotics shall hold full financial liability for the damage to the employer.
2. The burden of proving causation of damage by the employee under
the influence of alcohol or drugs/narcotics shall be laid upon the employer.
Article 395. The full financial liability of an employee for
the damage resulted from crime
1. The full financial liability for the damage caused by an employee to the employer through crime shall be determined by a court sentence.
2. The judgment on the execution from the employee the damages caused through crime may be delivered by court simultaneously with the
imposition of criminal penalty on the guilty person.
Article 396. The conditions under which an employee may be brought
to financial liability
1. An employee may be brought to financial liability under the
following conditions given that such conditions take place simultaneously:
1) damage caused to the employer in the course of performance of
labor duties;
2) illegal behavior (action or inaction) of the employee;
3) direct causality between the illegal behavior of the employee
and the damage to the employer;
4) the guilt of the employee of causation of the damage.
2. When estimating the damages only direct actual losses shall be
accounted; lost profit shall not be accounted unless otherwise provided
by this Code. Loss or deterioration of the property, reduction of the
value of the property, the necessity of the employer to make expenses
aimed at restoration or acquirement of the property or of other assets,
or the necessity to make extra payments shall be considered direct actual damage.
3. The behavior (action or inaction) of the employee shall be recognized as illegal in the event of non-fulfillment (or unduly fulfillment) of the labor responsibilities laid on them in accordance with
this Code and with the collective or labor contract.
4. The employee's guilt may be intentional or negligent.
In the event of intention the employee understands the illegality
of their behavior, foresees the consequences of their behavior, and
wishes (direct intention) or consciously allows (indirect intention)
such consequences.
In the event of negligence the employee either does foresee the
possibility of harmful consequences of their behavior but frivolously
accounts on prevention of such consequences, or does not foresee although has been able and must have foreseen such consequences.
5. The burden of proving the fact of causation of the damage and
the presence of other conditions of financial liability shall rest with
the employer.
6. The employees who have assumed full financial liability on the
basis of Article 389 of this Code shall prove the absence of their guilt of causation of the damage.
7. The employer shall develop the labor conditions required to ensure normal work and safety of the assets.
Article 397. Estimation of the damage
1. The damage to the employer shall be estimated on the basis of
actual losses and accounting data.
2. In cases where the property being a part of fixed assets is
lost, destroyed, or stolen the damages shall be calculated on the basis
of the market prices in the corresponding area as of the day on which
the damage is caused (not to be lower than the book value (cost after
depreciation). Damages are generally calculated on the basis of the
prices current in a corresponding area as of the day on which the damage is caused.
Article 398. The responsibility of an employer for estimation of
damage and revelation of the reasons for its
occurrence
1. Prior to the decision on the reimbursement of the damages by
the employee the employer shall carry out the inspection to estimate
the damages and reveal the reasons due to which the damage has occurred.
2. The employer may form the inspecting commission including experts.
3. The written explanation shall be obligatory requested from the
employee to determine their fault.
Article 399. The procedure for reimbursement for the damages
caused to an employer
1. Employees shall reimburse for the damages in the amount not to
exceed their average monthly wages through the deduction from the remuneration for their work upon the instruction of the employer.
2. The instruction of the employer shall be issued within the two
weeks following the day on which the damage caused by the employee is
revealed. The execution shall not be started prior to the expiration of
the ten days following the day on which the employee is appropriately
notified.
3. Prior to the issuance of the employer's instruction on the deduction from the wages, the employee shall be requested a written explanation.
4. In cases where the employee disagrees either with the deduction
or with the amount of the deductions, the labor dispute on the application of the employee shall be considered in accordance with the procedure established by Article 387 of this Code.
5. In other cases the damages shall be reimbursed through a law
suit filed by the employer.
6. In cases where the employer has violated the procedures established in clauses 1-4 of this Article when deducting from the wages of
the employee, the body settling the labor disputes shall make the decision on the repayment of the illegal deductions.
7. The damages shall be reimbursed regardless of whether the employee is or is not brought to disciplinary, administrative, or criminal
liability for the action (the inaction) which has caused the damage to
the employer.
Article 400. Reimbursement for the damages by the employee on
a voluntary basis
1. An employee who has caused damages to the employer may fully or
partially reimburse the damages on a voluntary basis.
2. The damages shall be reimbursed on a voluntary basis within the
limits provided by this Code (see Article 388).
3. The damages may, by mutual consent of the employee and the employer, be allowed to pay by installments. In this case the employee
shall give the employer the obligation in writing on reimbursement for
the damages and indicate the exact term of the payments.
4. The employee may, by the employer's consent, repay the employer
in-kind or repair the damaged property in order to reimburse for the
damages.
5. In case that the employee who has assumed the obligation on the
voluntary reimbursement for the damages has ceased the labor relationships with the employer the unpaid debt shall be executed in accordance
with the notary procedure given that the employee has documented their
obligation in writing.
Article 401. Reimbursement for the damages caused to
the enterprise by the employer
1. The damages caused by the employer to the enterprise, agency,
or organization shall be reimbursed as provided by this Code.
2. The instruction on the reimbursement from the employer of an
enterprise run by the State (of a municipal enterprise), of a state
agency or a state organization may be issued by a superior body.
3. The material damages shall be judicially reimbursed from the
employers of enterprises, agencies or organizations upon the request of
an owner or the body authorized by the owner, and in the event of an
enterprise run by the State as well as in the event of a state agency
or organization - upon the request of the owner or the body authorized
by the owner, and of the public prosecutor.
4. Damages shall be executed from the employers of the enterprises
operated under lease, of the enterprises of the owner other than the
State, or of the enterprises with the mixed ownership structure by decision of the owner or of the appropriately authorized body (the Council of Founders, Management Board, etc.) which may judicially execute
damages from the specified persons.
Article 402. The limitations of the term of filing a law suit
1. The term of 3 years prescription shall be established for an
employer for filing a law suit for recovery of the damages by an employee.
2. The same limitation of action shall apply in the event of a judicial execution of damages from the employer of an enterprise, an
agency, or an organization regardless of the ownership structure.
3. In cases where the three years term is missed due to a valid
reason, court may reestablish such term.
Article 403. The financial liability to be held with account of
specific circumstances
1. Court may, upon consideration on the extent of guilt, on specific circumstances, and/or on financial situation of an employee reduce
the amount of the damages liable to reimbursement.
2. The amount of the damages to be reimbursed shall not be reduced
in cases where the damage is caused by for-profit crime.
2. The responsibility of an employer for
the damage to the health, for the injury, or for
the death of an employee in the course of fulfillment
of labor responsibilities by the employee
Article 404. The responsibility of an employer for the damage to
the health of an employee caused in the process of
fulfillment of labor responsibilities by the employee
An employer shall be liable for the damage to the health of an
employee, be such damage caused within or outside the territory of the
employer, given that the employee is performing their labor duties at
the time of causation of the damage or is on the way to or from the location of their work by the means of transportation provided by the
employee or by their personal vehicle.
Article 405. The grounds of the employer's liability for
the damage to the health of an employee
1. An employer shall reimburse in full the damage affected to the
health of an employee in the process of the fulfillment of the labor
responsibilities by the employee and caused by the source of special
danger unless the employer manages to prove that the damage has been
caused by force majeure or through the malicious intent of the victim.
2. In cases where the damage is not caused by the source of special danger the employer shall be released from the reimbursement provided that s/he manages to prove that the damage has not been caused
through their fault.
Article 406. The fault of an employer
The on-job injury shall be considered caused through the fault of
an employer if it results from lack of healthy and safe working conditions (violation of labor protection rules, of the safety technique, or
of the hygiene of labor by the employer).
Article 407. The evidence of the liability of an employer for
the caused damage
The evidence of the liability and, as provided for in Article 406
of this Code, the evidence of the fault of an employer for the caused
damage may be as follows:
1) industrial accident act;
2) a court sentence or decision, or the instruction of the public
prosecutor or of the agency of investigation or preliminary investigation;
3) the resolution of the agency of the state supervision and public control on the reasons of the damage;
4) the decision on the imposition of administrative or disciplinary punishment on the corresponding officials;
5) a medical certificate of the occupational disease;
6) the testimony of witnesses;
7) other documents.
Article 408. The responsibility of an employer-owner of
an aircraft
In cases where a member of crew of an aircraft is injured in the
course of performance of their labor duties when steering, taking off,
on flight, or when landing the aircraft, the employer in possession of
the property title to the aircraft or of the title to operative management of the aircraft shall hold the liability for the injury unless
s/he proves that the injury has been caused through the intent of the
victim.
Article 409. Combined liability
1. In cases where gross negligence of a victim assists to the occurrence of damage or aggravates the damage the amount of the reimbursement may be reduced depending on the extent of the fault of the victim.
2. In the event of the gross negligence of a victim and the absence of the employer's fault in cases where an employer shall be liable
regardless of their fault, the amount of the reimbursement may be correspondingly reduced. The reimbursement for the damage shall not be
permitted to reject.
3. The decision of the employer on the degree of fault of a victim
caused by the gross negligence of the victim may be appealed in court.
4. The additional reimbursements , extraordinary allowances, or
redress of the damage due to the death of a family provider shall not
be subject to the combined liability.
Article 410. The types of the damages
The types of the damages to a victim may be as follows:
1) money in the amount of the monthly wages (or the corresponding
portion of the wages) of the victim depending on the degree of the professional labor inability resulted from the labor injury;
2) reimbursement for the additional expenses;
3) an extraordinary allowance;
4) reimbursement for the moral harm.
Article 411. Expert examination of labor ability
The degree of professional labor ability of a victim of an on-job
injury, the degree of disability provided that there exist the corresponding grounds, and/or the need of the victim of additional assistance
shall be determined by the Medical and Social Expert Commission
(hereinafter - the MSEC).
Article 412. Increased reimbursement for on-job injury
The amount of money to recover an on-job injury, the reimbursement
for the additional expenditures, and/or the extraordinary allowance may
be increased by mutual consent of the parties or on the basis of the
collective contract (agreement).
Article 413. Increased reimbursement due to the increase of
the cost of living
1. The damages shall be subject to indexation due to the increased
cost of living in accordance with the procedure provided by this Code.
2. The reimbursement pays shall be subject to monthly recalculati-
on. The recalculation shall be made on the basis of the wages corrected
by the individual coefficient of the wages of a victim.
3. The individual coefficient of the wages of a victim shall be
calculated by division of the average monthly actual wages of the victim determined in compliance with the legislation in force as of the
moment at which the reimbursement is fixed by the average monthly wages
of the employees for this period of time.
4. The correction of the average monthly wages of the victim shall
be performed by multiplication of the average monthly wages of the employees for then previous month by the individual coefficient.
5. The damages shall be calculated on the basis of the corrected
wages.
Article 414. Reimbursement in the amount of the wage or of
a portion of the wage
1. The damages shall be calculated in percentage to the corrected
wages of the victim before the on-job injury (Article 413 of this Code)
in correspondence with the degree of their professional inability to
work.
2. In the event of reimbursement for the damages in the amount of
the wages or of the portion of the wages, neither the pension for the
injury granted both before and after the injury, nor the wages of the
victim after the injury shall be included in the damages.
Article 415. The composition of the wages being the basis of
the calculation of the damages to be reimbursed
1. The composition of the wages on which the calculation of the
amount of the damages liable to reimbursement is based shall comprise
any kind of remuneration for work (service) including the pays for
overtime work, work on days off and/or holidays, and/or for combining
jobs, except the extraordinary pays (compensations for unused leaves,
discharge pays, etc.). The allowances paid for the periods of temporary
disability and/or for the pregnancy and birth leave shall be accounted.
2. Author's emoluments/royalties shall be accounted on the same
grounds as the pays for any other work.
3. Stipends paid during the period of studies may be equated with
wages (according to a wish of a person who applies for the reimbursement of damages).
Article 416. The accounting periods of calculation of average
monthly wages
1. Average monthly wages shall be calculated for the past 12 months of work (service, except the call-up military service) preceding the
on-job injury or the loss or reduction of ability to work associated
with the on-job injury, or the coming of the actual damage (for the citizen's choice). In the event of an occupational disease the average
monthly wages may also be accounted for the 12 months preceding the end
of the work and having caused the occupational disease.
2. The following months may be excluded (by discretion of the employee) from the number of the months for which the average monthly wages are calculated:
1) the incomplete months of work resulted from the start or the
end of the work on the day other than the first day of a month;
2) the months (including the incomplete months) of the leaves pro-
vided for nursing a child under 3 years of age, a disabled person of
Group I, a disabled child under 16 years of age, or an aged person in
need of care of others according to the conclusion of a medical treatment institution;
3) the months of unpaid or partially paid leaves given on initiative of an employer in the event of a temporary stoppage of work.
3. The excluded months shall be replaced with the months directly
preceding them.
Article 417. The procedure for accounting of average monthly wages
1. The average monthly wages for the period specified in Article
416 of this Chapter shall be calculated by dividing the total amount
comprised by the wages for 12 months of work (service) by 12.
2. In cases where the period of work is less than 12 months, the
average monthly wages shall be calculated by dividing the total amount
comprised by the wages for the actually worked off period of time by
the number equal to the corresponding number of the months of work
(service).
3. In cases where the period of work is less than one calendar
month, the damages to be recovered shall be calculated on the basis of
the nominal monthly wages which is determined as follows: the total
amount of the pays for the entire period of work is divided by the number of the worked off days, and the quantity thus received is multiplied by the average number of business days in a month calculated on basis of the annual average number. In this case the amount of wages on
the basis of which the damages liable to reimbursement are accounted
may not exceed ten minimum monthly wages.
4. In cases where the documents on the actual wages are unavailable, the damages shall be accounted according to the minimum wages as of
the date on which a person applies for reimbursement of the damages.
The damages subject to recovery in cases where the average monthly wages do not exceed the minimum wages shall be calculated in accordance
with the same procedure.
Article 418. Reimbursement of damages in the event of a repeated
on-job injury
1. In the event of a repeated on-job injury the average monthly
wages shall be calculated, for the choice of the victim, for the corresponding periods preceding the first or the repeated injury.
2. In cases where the on-job injuries occur within the period of
work for the same employer, the damages liable to reimbursement shall
be accounted according to the aggregate percentage of the loss of professional ability to work resulted from the first and the repeated injury.
3. In cases where the on-job injuries occur in the course of work
for more than one employers, every employer shall account the damages
to be reimbursed independently, in compliance with the percentage of
loss of professional ability for work caused by the corresponding
on-job injury.
Article 419. The accounting of the wages of employees having
worked abroad
shall
1. The average monthly wages of an employee who has worked abroad,
be accounted on a general basis with the exclusion of the pays
for the work abroad, except the employees currently working in the CIS
countries.
2. In cases where a citizen is directed to work in an agency or
organization of the former Soviet Union, to an agency or organization
of the Kyrgyz Republic situated abroad, or to an international organization, the damages liable to recovery may, by discretion of the citizen, also be calculated on the basis of the average monthly wages of an
employee of the corresponding profession and qualification in the Kyrgyz Republic as of the day of determination of the reimbursement for
the damages, according their wish.
Article 420. The accounting of the wages of the students on
the vocational training
1. The average monthly wages of a student who is injured on job
during the period of the on-job training (practical work), shall be
calculated on a general basis, along with this the stipends being paid
during the period of training/studies shall be equated with wages.
2. The wages may be calculated for the period of work preceding
the on-job training, for the student's choice.
Article 421. Recovery of damages in the event of a temporary
transfer to another work conditioned by the on-job
injury
1. The wages of an injured person temporarily transferred by their
consent to an easier and less paid job shall not be less than the average monthly wages before the on-job injury and shall be paid until the
recovery of the ability to work or until the determination of the longterm or permanent professional disability.
2. The conclusion on the necessity of a transfer to another job,
the duration (not to exceed one year) of such transfer, and the recommended type of work shall be issued by a medical treatment institution.
3. In cases where an employer fails to offer a corresponding job
within the specified period, the victim shall be paid the average monthly wages equal to their wages before the on-job injury.
4. The average monthly wages before the injury in this case as
well in the case provided for in Article 422 of this Chapter shall be
calculated in compliance with the procedure established by the legislation, for the two months preceding the month of the on-job injury.
Article 422. Reimbursement of the damages caused in the retraining
process
1. An employer at their own expense and by consent of a victim
shall provide the training of the victim for a new profession in accordance with the conclusion of a medical treatment institution or of the
MSEC in cases where the employee is unable to proceed their normal work
because of the on-job injury.
2. During the period of training for a new profession the victim
shall be paid their average monthly wages. During this period of time
the reimbursement pays are accounted on a general basis.
Article 423. The types of additional expenses
1. An employer liable for the caused damage shall reimburse to the
victim, over the average monthly wages, the additional expenses condi-
tioned by the on-job injury.
2. In particular, the additional expenses shall be as follows: additional nutrition, purchase of medicines, prosthetic appliance, nursing of a victim, treatment in a sanatorium or at a health resort including the expenses for the transportation to the location of the medical treatment institution and back and, if necessary, the same expenses
of the accompanying person, purchase of the special means of transportation, capital repair of such means, purchase of petrol, etc., in cases where the victim is formally recognized as the person in need of
such types of aid and has not received such aid free of charge from the
corresponding organizations.
3. The disabled of Group I shall not require the MSEC conclusion
on the necessity of care (except if they need specific medical care).
4. A victim who needs more than one types of aid shall be reimbursed for the expenses, associated with receiving of any type of aid.
Article 424. The amount of the additional expenses
1. The amount of the additional expenses shall be calculated on
the basis of receipts from the corresponding organizations and of other
documents, or in accordance with the prices then current in the locality where the victim has suffered such expenses.
2. The amount of the reimbursement of the additional expenses to a
victim in need of a specialized medical care shall comprise two minimum
wages, and for other victims - 60 percent of two minimum wages.
3. The amount of reimbursement of the additional expenses for the
everyday care shall comprise 50 percent of the minimum wages.
4. A victim who needs both specialized medical care and everyday
care, shall be reimbursed for the expenses for the every day care in
addition to the expenses for the specialized medical care.
5. The additional expenses for the nursing of a victim shall be
reimbursed regardless of the person nursing the victim.
6. The expenses on the purchase and/or capital repair of the special means of transportation shall be reimbursed within the limits of
their cost.
Article 425. The additional leave for the medical treatment
aasociated with the damages, and the pays for
such leave
1. In the event of presence of the MSEC conclusion slating that a
victim needs medical treatment in a sanatorium or at a health resort
the victim shall be given the leave for medical treatment in addition
to the annual leave.
2. The leave for medical treatment shall be paid in compliance
with the rules established for the annual vacation.
3. The damage caused during the leave for medical treatment shall
be reimbursed on a general basis.
4. The transportation expenses of the victim and of the person accompanying the victim shall be reimbursed in compliance with the legislation on business trips.
Article 426. The extraordinary allowance to a victim
1. The employer shall pay the victim an extraordinary allowance
over the reimbursement for the lost wages and the additional reimbursement for the damages.
2. The amount of the extraordinary allowance shall be determined
on the basis of the collective contract and calculated in accordance
with the degree of inability or disability to work. The extraordinary
allowance shall not be less than:
three average annual wages of the victim of Group I of disability;
five annual average wages of the victim of Group II of disability;
ten annual average wages of the victim of Group III of disability.
Article 427. The liability of an employer to compensate the moral
harm to a victim
1. An employer shall compensate the moral harm (physical and moral
sufferings) to a victim of on-job injury.
2. The moral harm caused to the employee shall be reimbursed in
money or in-kind, and the amount of such reimbursement shall be determined by court or by mutual consent of the employer and of the victim.
Article 428. The citizens entitled to reimbursement for damages
1. A dependent unable to work and supported by a late employee, or
a dependent who has the right to be financially supported by the deceased by the day of their death, a child of the deceased born after their
death, and one of their parents, a spouse, or another family member given that such parent, spouse, or another family member does not work,
but looks after the children, brothers, sisters, or grandchildren under
14 years of age of the deceased.
2. Dependency of children is presumed and does not require any
proof.
3. The persons unable to work are: minors under 18 years of age,
person above 14 who became disabled before 18 years of age; a man of 60
and more years of age, and a woman of 55 and more years of age, or a
man/woman recognized as disabled in accordance with the established
procedure.
4. A student of 18 years of age and older shall have the right to
reimbursement of damages until graduation from a full-time educational
institution provided that such student is not older than 23 years of
age.
Article 429. The amount of damages
1. The damages to a citizen unable to work who is a dependent of
an employee - a primary family provider and who possesses the right to
the allowances in the event of death of the primary family provider
shall be accounted in the amount of the corrected wages of the late family provider except the share due to the deceased.
2. In order to determine the amount of reimbursement to the citizens in possession of the right to reimbursement of the damages associated with the death of a primary family provider, the portion of the
corrected wages of the deceased due to all above citizens shall be divided by the number of such citizens.
3. The procedure of determination of the damages to a citizen who
has not been a dependent of the late employee-family provider but is in
possession of the right to reimbursement shall be as follows: in cases
where the alimony has been exacted in accordance with the procedure established by court, the amount of the damages shall also be determined
by court; in cases where the money for maintenance has not been executed according to the procedure established by court, the amount of re-
imbursement shall be determined taking into account the financial situation of such citizen and the capacity of the deceased to provide them
financial support while alive.
4. In cases where both dependents and non-dependents of a late
employee have the right to reimbursement of the damages, the amount of
the reimbursement due to the dependents shall be established in the
first instance. The damages due to the dependents shall be excepted
from the corrected wages, then the amount of the damages due to the
non-dependents shall be determined on the basis of the remainder in accordance with the procedure provided by Paragraphs 1 and 2 of this Article.
5. Neither the pension for the dearth of a primary family granted
to a citizen who possesses the right to reimbursement of damages in the
event of death of the primary family provider nor any other pensions,
wages, stipends, or other revenues shall not influence upon the amount
of the damages.
Article 430. Recalculation of compensation payments for
the damages associated with the death of a primary
family provider
The portion the corrected wages calculated in accordance with the
procedure established in Article 429 of this Code due to any person
specified herein, shall be recalculated in the event of a change in the
number of persons owning the right compensation of the damages associated with death of a primary family provider.
Article 431. An extraordinary allowance to the family
In cases where a production accident or an occupational decease
cause the death of an employee, the enterprise (the legal successor,
the superior organization) shall reimburse the financial damages to the
persons in possession of the right to such reimbursement, in accordance
with the procedure and in the amount established by the legislation of
the Kyrgyz Republic, and pay them an extraordinary allowance the amount
of which is provided by the collective contract, but may not be less
than 20 average minimum annual wages of the deceased.
Article 432. The responsibility of an employer to compensate moral
harm to the family who have lost the primary provider
1. An employer shall compensate moral harm to the family who have
lost their primary provider as a result of an on-job injury.
2. The moral harm may be compensated in money or in-kind, and the
amount of such reimbursement shall be determined either by court or by
the agreement between the employer and the family.
Article 433. Submission of an application to the employer
The application for the reimbursement for the damages shall be
submitted to the employer liable for the damage caused by the on-job
injury.
Article 434. Reimbursement for the damages in the event of
liquidation or restructuring of the employer liable
for the damage
1. In case of liquidation or restructuring of the employer liable
for the damage, the application shall be transferred to their legal
successor.
2. In cases where the rights and responsibilities of the employer
under liquidation are not transferred to their legal successor such
employer shall contribute to the Social Protection Fund the amount of
money to be paid to reimburse the damages.
3. The liquidation statement may be approved only on condition
that the sum of money required for the future reimbursement of damages
is transferred in the Social Fund bank account.
4. The procedure for capitalization of the reimbursement sums
shall be established by the Kyrgyz Republic.
Article 435. Submission of an application in cases where
the on-job injury occurs abroad
An employee who has suffered an on-job injury when working abroad
or a member of their family may submit the application for reimbursement for the damages to the ministry, administrative agency, organization, and/or the employer who has sent the employee abroad. An employee
hired abroad shall submit such application to the owner of the enterprise having caused the damage.
Article 436. The documents to be supplemented to the application
of a victim
1. The MSEC conclusion on the degree of loss of the professional
ability for work and, as the case may be, on additional types of aid
shall to be attached to the application for the reimbursement of the
damages.
2. To prolong the reimbursement payments the same documents shall
be submitted.
Article 437. The procedure for directing for examination in
the medical and social expert commission (MSEC)
1. The MSEC shall examine a victim on the basis of the direction
order issued by the employer or by court, or on the basis of the application of the victim given that s/he has presented the act on the accident which has occurred in the course of performance of the labor duties, and the order on treatment in a medical treatment and preventive
care institution.
2. A repeated examination in case of coming of the established day
of reexamination shall be conducted by the MSEC at the application of
the victim or another interested person.
Article 438. The request for the documents to be made by
the employer
The employer shall assist the applicant to receive the documents
required to make a claim for reimbursement of the damages and, as the
case may be, request such documents from other organizations.
Article 439. The representative of a victim in the negotiations
with the employer
At request of an employee who has suffered damages or
at
request
of another interested person the trade union or another representation
body of the enterprise authorized by the employees may appoint its representative for participation on behalf of the victim in the negotiations with the employer.
Article 440. Examination of the application for reimbursement
for the damages by the employer
1. The employer shall consider the application of the employee for
reimbursement for the damages and take an appropriate decision within
ten days.
2. The decision shall be formalized by a well-grounded order (instruction, statement) of the employer which shall specify the amount of
damages due to every member of the victim's family and the term of payments.
3. A copy of the order on reimbursement for the damages issued by
the employer, or of a well-grounded refusal (to be done in writing)
shall be provided to any interested employee within ten days following
the date of submission of the application supplemented by the required
documents.
4. The delay to examine the application or to provide the copy of
the order within the established term shall be considered a rejection
to reimburse for the damages.
Article 441. Filing a law suit for reimbursement for damages.
The procedure for settlement of the dispute by court
1. In case that an interested employee disagrees with the decision
of the employer or in the event of a failure to receive a response within the established term the dispute shall be considered by court.
2. The trade union or another representation body of the enterprise employees may, by consent of the interested employees, file a law
suit and sue in court.
3. The law suit for reimbursement of the damages may be filed at
the applicant's discretion, in the location of the employer, in the location of the place of residence of the applicant, or in the location
of the place of the accident.
4. The claims for reimbursement of the damages caused by the
on-job injury or associated with the death of a primary family provider
shall not be subject to the statute of limitations.
Article 442. The liability to make reimbursement payments
1. Damages shall be paid by the employer responsible for the caused damage.
2. In the event of restructuring or liquidation of the employer
the damages shall be paid by their legal successor, and in the event of
absence of such successor by a social protection agency.
Article 443. The starting dates of the reimbursement for damages
1. The damages shall be paid:
1) to the victims - starting from the day when they became fully
or partially disabled as the result of on-job injury;
2) to the citizens owning the right to reimbursement for the damages caused by the death of their primary family provider - starting
from the date of death of the primary family provider but not earlier
than the date on which they acquire the right to the reimbursement of
the damages.
2. In the event of submission of the application for the reimbursement for damages upon the expiration of the three years following the
day on which the victim became disabled as a result of the on-job job
injury, the day of coming of the damages, or the day of the death of
the primary family provider, the damages shall be paid starting from
the date of submission of the application.
3. The date of submission of the application shall be considered
the day of applying for reimbursement for the damages.
Article 444. Prolongation of reimbursement payments
1. Payments for the reimbursement for damages may be prolonged
from the date of ending of the previous payments, regardless of the day
on which the victim or another interested person applies to the employer.
2. The past damages and/or the additional expenses caused by the
on-job injury may be reimbursed on condition that the disability for a
certain term is confirmed, and the corresponding documents are submitted.
Article 445. The terms of paying damages
1. The damages comprising the amount of lost wages shall be paid
within the certified period of disability caused by the on-job injury,
and the damages caused by the additional expenses - within the period
determined for the necessity of such expenses.
2. A citizen who has the right to reimbursement of the damages associated with the death of their primary family earner shall be paid
the damages in compliance with Article 428 of this Code.
3. The damages to a victim as well as the damages to a citizen in
possession of the right to reimbursement of the damages associated with
the death of their primary family provider shall be paid regardless of
their revenues.
Article 446. The responsibility of a beneficiary to inform about
the circumstances aafecting the reimbursement of
damages
1. In case that the degree of disability of a victim is changed
according to the MSEC conclusion, or in the event of ocurrence of other
circumstances with respect to a citizen who has the right to reimbursement for damages, the damages being paid shall be recalculated.
2. The beneficiary shall inform the employer in writing on the
changes causing the revision of the amount of the damages.
Article 447. The reimbursement payments. Delivery expenses and
the expenses on recalculation of damages
1. Damages shall be paid monthly on the first paying of wages in
then current month.
2. Delivery and transfer of the damages shall be carried out at
the expense of the employer. At request of a beneficiary the damages
may be deposited in their bank account.
Article 448. The starting dates of recalculation of the damages
Damages shall be recalculated on the following dates:
1) in the event of origination of the right to increase of the damages - on the first day of the month following the month when the victim applies for recalculation of the damages and submits the required
documents;
2) in the event of occurrence of the circumstances which cause reduction of the damages - on the first day of the month following the
month when such circumstances occur.
Article 449. The procedure for payment of damages during
the period of stay in a boarding house (boarding
center, territorial center) for the aged and disabled
1. In case that a citizen to whom damages are assigned stays in a
boarding house (boarding center, territorial center) for the aged and
disabled, the employer shall deposit the damages in the account of the
boarding house (boarding center, territorial center).
2. The unable to work dependents of such citizen shall be paid the
damages in accordance with the following procedure: for every dependent
unable to work - one quarter, for two dependents - one third; for three
and more dependents - half of the assigned damages, the remainder shall
be deposited in the account of the boarding house (boarding center,
territorial center).
3. A citizen to whom damages are granted shall be paid the difference between the transferred damages and the cost of stay in the boarding house (boarding center, territorial center) not to be less than 25
percent of the damages.
Article 450. Payment of damages during the period of serving
a sentence on imprisonment by a beneficiary
During the term of serving a sentence of imprisonment the damages
shall be deposited in the special account of the beneficiary and paid
to them upon release from confinement.
Article 451. Payment of the damages which were not received timely
1. The past damages granted but not received timely by a victim or
a citizen entitled to reimbursement of damages shall be paid for the
term not to exceed the three years preceding the application for the
damages.
2. The past damages not received timely through the fault of the
employer liable for the caused damage shall be paid without any limitations of the terms.
Article 452. Payment of the missing damages for death
1. The damages to a victim or to a citizen entitled to reimbursement of the damages for the death of the primary family earner, not received in connection to the death shall be paid to their heirs on general grounds.
2. The family members of the deceased who arrange the funeral
shall be paid such damages prior to the issuance of the certificate on
the right to inheritance.
Article 453. The limitation of repayment of the damages
1. The damages paid to a victim or a citizen entitled to the damages for the death of their primary family provider may be confiscated
by the employer exclusively on condition that the decision on reimbursement of the damages is based on counterfeit documents submitted by
the interested persons or on the deliberately falsified information
provided by such persons, and/or in the events of a calculation mistake
or of concealment of the information affecting the amount of damages.
2. Unduly damages shall be exacted by the employer with observance
of the guaranties provided by this Code.
3. In the event of cessation of reimbursement payments, the remaining debt shall be exacted in compliance with the procedure established
by court.
Article 454. Keeping and maintaining of the documents on
reimbursement for damages
1. A copy of the order (instruction, decree) of an employer on reimbursement for damages, the application of a victim or of another interested citizen on reimbursement for damages supplemented by all necessary documents (including the court decision) shall be kept by an
employer in a separate file for every beneficiary.
2. During the period of reimbursement payments any documents on
assigning of reimbursement to victims shall be kept in the accountant
office of the employer.
3. Upon expiration of the two years following the date of cessation of paying damages the documents specified herein shall be kept in
the employer's archive for an unlimited period of time.
3. The liability of an employer for non-observance
of the legislation on labor
Article 455. The liability of an employer for non-development
of healthy and safe working conditions for employees
1. Non-fulfillment or unduly fulfillment of the responsibilities
of the development of healthy and safe working conditions for employees
and/or of the introduction of the means and technologies insuring the
observance of the sanitary and hygiene standards and labor safety standards shall be followed by the administrative liability of the employer.
2. A violation of the labor safety rules by an employer resulted
in an injury, disability, or death of an employee shall cause the criminal liability.
Article 456. The liability of an employer for violation of
the labor legislation
Violation of the labor legislation by an employer including illegal cancellation on initiative of an employer of the labor contract
with a pregnant woman, with a mother of a child under three years of
age, with a leader or a member of the elective trade union body or
another representation body of the enterprise employees, and/or with
any other employee who in accordance with the legislation has additional guarantees in the event of cancellation of the labor contract; attraction to work without formalizing a labor contract and/or other obvious gross violations; unilateral rejection on the side of an employer
to enter into collective negotiations, mass counteraction on the side
of the employer against an official of the state authorities specially
authorized to implement supervision and control over the observance of
the labor legislation (public prosecutor offices, State Labor Inspection agencies, etc.), as well as non-fulfillment of the instructions of
state inspectors, shall be followed by the liability established by the
Administrative Code of the Kyrgyz Republic.
Article 457. The liability of an employer for unduly payment
of wages
Officials of enterprises, agencies, or organizations regardless of
the ownership structure guilty of violation of the terms and conditions
of payment of wages shall be liable in compliance with the legislation
of the Kyrgyz Republic.
Article 458. The bodies authorized to impose penalties upon
employers
The State Labor Inspection may bring an employer to administrative
liability for violation od the labor safety in accordance with the provisions of the Administrative Code of the Kyrgyz Republic.
Article 459. The procedure for imposing an administrative penalty
The types and the maximum amounts of fines, the procedure for
charging and collecting of the fines, and the appealing procedure are
established by the Administrative Code of the Kyrgyz Republic.
Article 460. The liability of the officials of an employer
for violation of the labor legislation
An official of an enterprise, of an agency, of an organization, or
of another employer, responsible for violation of the labor legislation, may be brought to the disciplinary, financial, administrative, or
criminal liability in accordance with the legislation, regardless of
the penalties imposed on the employer as provided for in Subsection 3
of Chapter XIX of this Code.
4. Supervision and control over observance
of the labor legislation
Article 461. The bodies of the state supervision and control over
observance of the laws and of other legislation
on labor
1. The state supervision and control over observance of the laws
and other legislation on labor and labor safety shall be implemented by
the State Labor Inspection under the Ministry of Labor and Social Protection of the Kyrgyz Republic and by the state inspections of the oblast and city level subordinated to the State Labor Inspection.
2. The state supervision over the observance of the rules of safe
performance of works in particular industries and at certain objects
shall be carried out (along with the State Labor Inspection) by the
special appropriately authorized bodies and by the state supervision
bodies.
Article 462. Public control over observance of the labor
legislation
1. The public control over observance of the labor legislation, of
the labor contracts, and of the labor safety rules shall be implemented
by trade unions as well as by public inspectors and the commissions of
corresponding elective bodies of the trade union or of another representation body of the employees of an enterprise, an agency, or an organization.
2. The public sanitary control shall be implemented by the public
sanitary inspectors at enterprises, agencies, and organizations.
Article 463. The State Labor Inspection (State Committee on Labor)
of the Kyrgyz Republic
1. The State Labor Inspection (State Committee on Labor) under the
Ministry of Labor and Social Protection of the Kyrgyz Republic is a body of the state control and supervision over the observance of the labor legislation, the rules of labor safety and labor safety engineering, the standards and norms of labor safety, and the production sanitary and labor hygiene.
2. The State Labor Inspection shall be governed by the Chief State
Labor Inspector appointed by the Government of the Kyrgyz Republic.
3. The decisions of the State Labor Inspection taken within its
jurisdiction shall be obligatory to follow by any employer, their official, and employee.
4. The State Labor Inspection shall perform its functions under
the Regulations approved by the Government of the Kyrgyz Republic.
SECTION III
THE SPECIAL FEATURES OF REGULATION OF THE LABOR
OF PARTICULAR CATEGORIES OF EMPLOYEES
Chapter XX
Regulation of the labor of employees
in particular branches
Article 464. The special features of legal regulation of
the working conditions of the employees of the timber
industry and forestry
1. The employees whose work is directly connected with the major
technologic process in the timber industry and forestry shall be subject to the provisions of this Code except the following:
1) a temporary transfer to another work for the same employer
which is not provided by the labor contract but is conditioned by the
production needs, including the substitution of an absent employee,
shall be permitted for the period up to three months, and in the event
of substitution of an absent employee who reserves their job - up to
four months within one calendar year;
2) an employee who has worked off a complete business year (not
less than eleven months), shall be given four business weeks of labor
leave and after every three years of permanent work - an additional leave not to be less than two business weeks;
3) in the event of the summed-up recording of business time the
length of daily work (shift) may increase up to 12 hours provided the
corresponding reduction in the number of business days within the acco-
unting period, or compensatory days off. In case that overtime may not
be compensated by days off or by the reduction of the number of business days due to trade conditions it shall be paid in the amount provided by this Code for the over-time work;
4) the length of daily inter-shift rest may not be reduced to less
than 12 hours not taking into account the breaks for rest and meal. In
the event of the summed-up recording of business time the unused hours
of inter-shift rest may be accumulated and given as days off within the
accounting period;
5) the length of weekly uninterrupted rest in the event of summed-up recording of business time may be reduced to 32 hours. The average amount of business time for an accounting period shall correspond
with the norms provided for in Chapter IX of this Code.
2. The list of professions of timber industry and forestry employees subject to the specified subtractions and other specific features
shall be set in accordance with the procedure established by the Government of the Kyrgyz Republic.
Article 465. The specifics of legal regulation of the working
conditions of the employees of construction and
assembling organizations
1. An employer may introduce for the employees of a construction
and assembling organization the summed-up recording of business time
for a calendar year or for an accounting period.
2. The length of daily work (shift) in this case may be increased
up to 10 hours provided the corresponding reduction of business days or
provision with compensatory days off during another period of time within the accounting period.
3. The time-table of works (shifts) shall provide at least one day
off a week and compensatory leaves or reduced days so that the number
of business hours in the time-table is equal to the hours quota for the
accounting period (Articles 143 and 145 of this Code).
4. A short business day and/or a compensatory day off shall be paid according to the daily tariff rate or the salary based on the 8-hour
business day labor regime (one compensatory leave for every 8 overtime
hours).
Article 466. The specifics of legal regulation of the business and
rest time of the employees engaged in agriculture
1. The summed-up recording of business time for the annual accounting period (a calendar or accounting year) shall be introduced for the
employees of plant-growing agricultural enterprises. In this case an
employer may:
1) during the period of intensive field work (sowing, cultivation,
stocking up of fodder, harvesting , etc.) increase if necessary the
length of daily work (shift) up to 10 hours, and by consent of an employee - up to 12 hours;
2) compensate the over-time by reduction of a business day (shift)
in other time of such periods or in winter time, or by compensatory leaves based on the one compensatory leave for every 8 overtime hours
principle.
2. The summed-up recording of business time may be introduced for
the employees of transportation workshops, storehouses, and other subdivisions servicing the plant growing for the particular periods of intensive field works. In this case an employer may increase the length
of daily work of such employees up to 10 hours provided that the average length of business time for the accounting period according the time-table of works (shifts) does not exceed the standard number of hours.
3. A business day divided not more than into three parts with interim breaks of not less than two hours long including the breaks for
rest and meals may be established for the employees of stockbreeding
(milkmaids, cattlemen, etc.). In this case the total length of business
time shall not exceed the length of daily business timeprovided for
this category of employees.
Article 467. The specifics of legal regulation of working
conditions for the employees who work at high
altitudes
1. The work at the altitude of 3 000 m and higher shall be performed exclusively by the work-efforts method.
2. An employer may not reject to reenter into a contract (an advanced responsibility contract) with their employee either for a new
term or for an indefinite term without consent of a corresponding elective body of the trade union or another representative body of employees unless the quantity of employees is reduced or the staff is cut.
Article 468. The labor privileges of the employees working in
the high altitude areas and in the areas equated to
them
1. An employee of an enterprise, agency, or organization located
in the high altitude area and/or the area equated to it shall be granted the following privileges:
1) the addition to the monthly wages; the amount of such addition
shall increase proportionally to the period of permanent work in the
high altitude areas or in the areas equated to them;
2) an additional leave over the established annual labor leave:
in the high altitude areas - for 18 business days;
in the areas equated with the high altitude areas - for 12 business days;
3) a complete or partial uniting of leaves accumulated for not more than three years. Along with this a leave for 6 business days for
every year shall be used within one year following the date on which an
employee acquires the right to the leave. The time of transportation to
the place of leave and back shall not be included in the leave term one
time in three years. In this case the transportation costs shall be paid by the enterprise, the agency, or the organization;
4) in the event of temporary disability an enterprise, an agency,
or an organization shall pay the difference between the amount of the
social insurance allowance and the actual wages (including additions).
In this case the total sum of the allowance and the difference may not
exceed the maximum social insurance allowance established by the legislation;
5) the employees, who have been working at the high altitudes for
not less than 15 years, or in the areas equated to them for not less
than 20 years may retire upon 55 years of age (men) and 50 years of age
(women).
The employees having entered into fixed-term labor contracts (advanced responsibility contracts) for the 3 year term shall be granted
additional privileges. The categories of the employees who may enter
into fixed-term labor contracts (advanced responsibility contracts)
providing additional privileges shall be established by the legislation.
Article 469. The specifics of legal regulation of business time at
the enterprises and organizations of communications
and transport
1. The special features of legal regulation of business and rest
time at the enterprises and organizations of communications and transport within the standards established by this Code shall be defined by
the regulations on business and rest time approved in accordance with
the procedure established by the Government of the Kyrgyz Republic.
2. An employer may record the business time according to the business time utilization quotas.
Chapter XXI
Legal regulation of the scientific
activity of employees
Article 470. The labor relationships in the system of science
1. The relationships of the employees of scientific institutions
and/or organizations with an employer shall be regulated by a labor
contract (advanced responsibility contract) concluded either for a fixed term (up to five years) or for an indefinite term.
2. The conclusion of the labor contract (advanced responsibility
contract) may be preceded by a contest or by another type of selection.
The results shall be determined by a scientific collective or by the
Scientific Council in compliance with the Charter of an institution or
an organization.
3. Graduates of a higher education institution shall be admitted
for scientific work without a contest on the basis of a one year term
contract followed by extension of the contract or by the invitation for
permanent work of the most capable young scientists.
Article 471. The terms and conditions of hiring of scientists
1. The terms an conditions for hiring to the scientific research
and experimental projects institutions and/or organizations shall not
be subject to strict regulation; the regulations comprising the terms
and conditions of hiring or the directives of the working conditions of
scientists shall be formulated and interpreted with reasonable flexibility. Such regulations shall aim at the development of science and
technology; they shall not put scientists in the situation less favorable than the situation provided for the employees of equal qualifications who assume similar responsibility.
Article 472. The responsibility of a scientific researcher
1. A scientist (a scientific researcher) assumes responsibility
towards other scientists, towards the State, and towards the entire
mankind for the directions, methods and reliability of their scientific
research as well as for the results of their work and the introduction
of such results into practice in the interests of the scientific and
technical progress, of humanism, of justice, and of the safety of ecology and life.
2. A scientist unduly performing their professional duties shall
be liable in accordance with the legislation of the Kyrgyz Republic.
3. A scientist shall also be liable for:
1) the violation of the professional ethics code or of the norms
of morality;
2) the non-fulfillment of the responsibilities provided by this
Code.
3. The extent of liability provided for a scientific collective
shall simultaneously be the extent of liability provided for any member
of such collective unless otherwise stipulated by the founding documents.
Article 473. Protection of the professional honor and dignity of
a scientist
1. A scientist shall have the right of protection of their professional honor and dignity.
2. The disciplinary investigation of a violation of the professional ethics code or of the provisions of the Charter of a scientific
institution by a scientist may be carried out exclusively upon a claim
in writing. A copy of the claim shall be provided to the scientist in
question.
3. The course of a disciplinary investigation and the decisions
taken upon the investigation may be announced exclusively by consent of
the interested scientific researcher, except in cases followed by prohibition to perform scientific activities.
Article 474. Cancellation of the labor contract (advanced
responsibility contract) with a scientist
1. In addition to the grounds provided by this Code the following
grounds may cause dismissal of a scientist on initiative of an employer
before the expiration of the term of the labor contract (the advanced
responsibility contract):
1) cancellation or cuts of financing;
2) incapability of the scientist to perform the scientific work
entrusted on them;
3) violation of the labor responsibilities provided by this Code;
4) the grounds provided by the advanced responsibility contract.
2. A discharge of scientist in accordance with clauses I and 2 of
Paragraph I of this Article shall be preceded by a decision of the scientific collective or of the Scientific Council of the scientific institution, or organization.
3. The labor disputes between the scientific researcher and employer, including the disputes on discharge issues and/or the disputes on
violation of the terms and conditions of the advanced responsibility
contracts shall be settled in court.
Article 475. The working conditions of a scientist in labor
relationships with an employer
1. The working conditions of a scientist may be determined in the
advanced responsibility contract between the scientist and the employer. Such contract shall stipulate the following issues: the type and
term of implementation of work, the promotion, the wages, the rights,
responsibilities, and the liability of the scientist and the employer,
the social protection of the scientist, the procedure for cancellation
of the advanced responsibility contract, the particularities of the
possibility of utilization of the results of the scientific research,
the issues of intellectual ownership, and other issues of interest for
the parties.
2. An employer may establish temporary scientific collectives to
resolve particular scientific problems. The work in a temporary scientific collective shall not be considered combining of jobs; such work
shall be regulated by the advanced responsibility contract (advanced
responsibility contracts).
3. A scientist shall not be attracted to the works not associated
with their profession or to the work of insignificant value for the society.
4. A scientist shall have the right for a standard 8-hours business day, for a short business week, and for the extended paid leave in
compliance with the procedure established by the legislation of the
Kyrgyz Republic. The business time of a scientist shall be regulated. A
scientist shall be provided an opportunity to enter into advanced responsibility contracts on scientific issues, to work in libraries, to
perform consulting and educating activities. The results of the scientific work of a scientist shall be the only criteria for evaluation of
their work.
Article 476. The working conditions of a scientist performing
independent scientific work
1. A scientist engaged in independent scientific work, shall not
be limited in determining of conditions implementation of such work, of
the financing sources, of the financial, technical and other supply,
and/or of the conditions of realization of the results of scientific
research.
2. The state budget funds, bank loans, the finance received under
the advanced responsibility contracts, the allocations of the innovation and/or of other funds, the private incomes of a scientist, and other
funds may be a source of financing of independent scientific work to
the extent consistent with the legislation.
3. The independent scientific work may be performed by a scientist
within the framework of the state, international and other scientific
and technical programs and projects.
4. A scientist may attract other scientists and other employees to
participation in his/her independent scientific work The terms and conditions of such attraction shall be provided in an advanced responsibility contract (advanced responsibility contracts).
5. The revenues of a scientist shall be taxed in accordance with
the established procedure.
The revenues liable to taxation shall be reduced by the amount allocated by a scientist to financing of the independent scientific work.
6. A scientist may have the right to the state social insurance
and pension in case that s/he makes corresponding contributions in accordance with the established procedure.
7. A scientist implementing independent scientific work may establish (found) the insurance, pension, innovation, and/or other funds
including the funds with the status of a legal entity.
The functions that may be laid upon such funds are as follows: insurance of a scientist in the event of temporary or permanent disability or of loss of job by the reasons beyond their control; insurance of
life, property, intellectual property, etc.; provision with pension,
payment of allowances; financial support of the scientific work on the
basis of compensation, and other functions.
The finance allocated to such funds shall not be taxed.
8. A scientist shall not pay custom fees for the imported or granted by a foreign country scientific equipment, appliances, literature,
computer and office equipment, and/or other assets necessary for their
scientific work.
Article 477. Specifics of working conditions of particular
categories of scientists
The special features of working conditions of the scientists employed for the state or military service, and of some other categories
of scientists shall be established by special legislative acts of the
Kyrgyz Republic.
Article 478. The wages of a scientist
1. The wages of a scientist shall be in correspondence with the
results of their work; the wages of a scientist shall not be limited by
maximum amount. Scientific organizations may independently introduce
differentiated additions to the salaries within the limits of their remuneration funds.
2. The work of a scientist under the advanced responsibility contract, and/or of a member of a temporary research team shall be paid on
a contractual basis.
3. The participation of a scientist in a temporary scientific collective with additional pays and as well as combining of jobs by a scientist shall not be limited by additional terms and conditions provided
that the scientist fulfills their duties at the principal job.
Article 479. Health protection and social insurance
1. In compliance with the legislation of the Kyrgyz Republic and
with the international acts on protection of employees in general from
the influence of unhealthy or dangerous environment, the responsibility
of the insurance to maximum possible reasonable extent of the health
protection and safety of a scientist at the place of their work, as
well as of any other person who may probably be affected by the scientific researches and projects shall be laid upon an employer.
2. An employer shall insure the observance or corresponding safety
rules and training of all scientific researchers for all necessary safety rules; implement control and protection of the health of the persons exposed to risk; take into account warnings on new (possible new)
dangers brought to their attention in general and by scientific researchers in particular and take corresponding action; insure the establishment of reasonable length of the business hours and of time for
rest including the annual fully paid leaves.
3. An employer shall provide a scientist (along with all other
employees) with adequate and fair social insurance appropriate for their age, sex, family status, the state of health, and the type of work
being performed by the scientist.
Article 480. The rights and social guarantees of the freedom of
scientific creative activity
1. Any citizen of the Kyrgyz Republic regardless of their financial and social status, race and nationality, origin, sex, age, religion
and belief, language, political and other convictions, and/or place of
work and residence is entitled to the right of freedom of scientific
creative activity in accordance with the Constitution of the Kyrgyz Republic.
2. A scientist in the course of his scientific activities shall be
governed by their scientific interests, by the advanced responsibility
contracts with a scientific organization, and by the plans and thematic
tasks approved in compliance with the established procedure. A scientist may freely choose the directions, subjects, and methods of the investigation and take into consideration the humanistic purposes of science.
3. Scientific work may be based on any type of property of the citizen - collective or state as well as on the property of international
organizations and/or foreign states, along with this various types of
joint property shall be permitted.
4. Certain types of scientific research may be forbidden or limited due to the reasons of ecological safety, national security and insurance of the state defense. The list and the procedure for performance of such scientific works shall be established by the special legislation of the Kyrgyz Republic.
Article 481. Assertion by a scientist of their interests with
the assistance of a public organization
1. In accordance with the Declaration on Human Rights and with the
principals stated in other international documents the state shall recognize as legal the uniting of scientists for assertion and securing
of their individual or joint interests in professional associations
(amalgamations?) and scientific societies. Wherever necessary, the association (amalgamation?) shall protect and support the fair demands of
scientists.
Chapter XXII
Regulation of the labor of the employees
under special labor contracts (the advanced
responsibility contracts)
1. The labor of temporary employees
Article 482. A temporary employee
1. An employee hired for the period up to two months, and in the
event of substitution of a temporary absent employee who reserves their
job (position) - up to four months shall be considered a temporary employee.
2. A temporary employee shall be subject to the labor legislation
with the exceptions provided for in this Chapter.
Article 483. Conclusion of a labor contract
1. Terms and conditions of the temporary work shall be specified
in the labor contract.
2. Probation period shall not be set in the event of hiring a temporary employee.
Article 484. Cancellation of the labor contract
1. A temporary employee may cancel the labor contract upon s/he
informs the employer in written the three days prior to the cancellation of the contract.
2. The labor contract with a temporary employee may be canceled on
initiative of an employer on the grounds provided in Articles 116 and
124 of this Code as well as in the event of:
1) a stoppage of work at the employer for the period exceeding one
week due to the production reasons, or reduction of the amount of work;
2) non-attendance for more than two consequent weeks due to temporary disablement. In the event of disability conditioned by an on-job
injury or an occupational disease, and/or in the event of a disease for
which longer terms of reservation of a job are provided by the legislation, a temporary employee shall reserve the job until full recovery or
until recognition of disability; such term shall not exceed the term of
cessation of the work under the contract.
Article 485. The right of a temporary employee for financial
reimbursement for the unused leave days
A temporary employee may be reimbursed in money for the unused days of the leave.
Article 486. A discharge pay
1. A temporary employee shall have the right to a discharge pay as
provided for in this Chapter, and also in the event of cancellation of
the labor contract in accordance with clause I, Paragraph 2 of Article
491 of this Code.
2. The discharge pay shall comprise the amount of the three days
average wages and in case that the employee is called-up or admitted
for military service - the amount of the average wages for two weeks.
Article 487. The payment of the average wages for the period of
forced absence from work
1. A temporary employee reinstated on job in accordance with the
decision or resolution or the body settling labor disputes shall be paid their average wages for the period of forced absence from work starting from the date of discharge until the date of reinstating on job or
until expiration date of the work according the contract, not to exceed
the amount for three months.
2. The employee illegally transferred to another work shall be paid their average wages within the same limits for the period of enforced absence from work, or the difference in the wages for the period of
implementation of less paid work.
Article 488. Attraction to work on days off and holidays
1. A temporary employee who has entered into a labor contract for
six days and less may within this term be attracted to work on days off
and/or on holidays without their consent.
2. Compensatory days off shall not be given in this case, and the
work on days off shall be paid in the regular amount.
Article 489. The cases where the labor contract with a temporary
employee is considered to be extended for an
indefinite term
1. The labor contract with a temporary employee shall be considered extended for an indefinite term in cases where:
1) the temporary employee has been working beyond the term provided for in Article 485 of this Code, and neither counterpart has requested for cancellation of the labor relationships;
2) a discharged temporary employee is repeatedly hired by the same
employer after an interval not to exceed one week, provided that the
total length of the work of such employee before and after the interval
exceeds two or four months respectively.
2. The labor of seasonal employees
Article 490. Seasonal works
1. The works, which due to the natural and climate conditions may
not be implemented all year round, but are performed only during a certain period (season) not exceeding 6 month shall be considered seasonal
works.
2. The list of the seasonal works shall be approved in compliance
with the procedure established by the Government of the Kyrgyz Republic.
3. The seasonal employees shall be subject to the labor legislation with the exceptions provided for in this Chapter.
Article 491. Conclusion of a labor contract
1. The condition on the seasonal type of work shall be specified
in the labor contract.
2. The labor contract in the event of hiring for seasonal works
may be concluded for the period not exceeding the length of the season.
3. Probation shall not be set in the event of hiring for seasonal
works.
Article 492. Cancellation of a labor contract
1. An employee hired for seasonal works may cancel the labor contract according their wish. The employee shall inform the employer in
writing three days before such cancellation.
2. The labor contract with an employee on seasonal works may be
canceled on initiative of the employer on the grounds provided by this
Code, except as provided in clause 6 of Article 115 of this Code,
and/or in the event of:
1) a stoppage of works at the employer for the period longer than
one week due to the production reasons, or due to reduction of the amount of work;
2) continuous non-attendance for more than one month due to temporary disablement.
3. In the event of disability caused by an on-job injury or by an
occupational disease, and in cases where the legislation provides longer terms of reservation of a job in connection with a particular disease, an employee on seasonal works shall reserve their job (position)
until full recovery or until the recognition of disability; such term
shall not exceed the term of the work provided by the contract.
Article 493. The right of a seasonal employee for financial
reimbursement for the unused leave days
A seasonal employee may be reimbursed in money for the unused days
of the leave.
Article 494. A discharge pay
1. A temporary employee shall have the right to a discharge pay as
provided for in this Chapter, and also in the event of cancellation of
the labor contract in accordance with clause I, Paragraph 2 of Article
492 of this Code.
2. The discharge pay of a seasonal employee shall comprise the
amount of the weekly average wages, and in case that the employee is
called-up or admitted for military service - the amount of the average
wages for two weeks.
Article 495. The payment of the average wage for the period of
forced absence from work
1. A seasonal employee, reinstated on seasonal job in accordance
with a decision or resolution of the body responsible for the settlement of labor disputes shall be paid their average wages for the period
of forced absence from work from the date of dismissal until the date
of reinstating on job or until the expiration date of the contract; the
wages may be paid for the term not to exceed three months.
2. An employee illegally transferred to another work shall be paid
their average wages within the same limits for the period of forced absence from work, or the difference in the wages for the period of performance of less paid work.
Article 496. The time record procedure
1. The work of an employee on seasonal works for one and the same
employer shall, in accordance with the legislation, be summed-up and
considered uninterrupted in case that the employee has been working during the entire season has entered into the labor contract for the season following the worked-off season, and has come back to work by the
established date.
2. The work for the entire season at an enterprise or an organization belonging to the seasonal industries regardless of the administrative subordination of the enterprise or organization shall be entered
in the time record as one year of work in compliance with the list approved by the Government of the Kyrgyz Republic. Other seasonal works
shall be recorded in accordance with their actual length.
3. In cases provided by the Resolutions of the Government of the
Kyrgyz Republic, the full-season work may be entered in the time record
as one year of work providing with the right to pension.
3. The labor of the disabled
Article 497. Realization of the right to labor by the disabled
1. The disabled, on the basis of individual rehabilitation programs, shall have the right to work for employers under regular working
conditions, and/or at specialized enterprises, workshops, and sites.
2. A rejection of conclusion of the labor contract or of promotion, as well as dismissal on initiative of an employer, a transfer of
the disabled to another work undertaken without their consent and moti-
vated by their disability shall not be permitted, except the cases where the MSEC conclusion on the state of the health of the disabled prevents their fulfillment of professional responsibilities or exposes
their health and labor safety to risks.
3. A person on the medical, professional, or social rehabilitation
in the respective institution regardless of the term of their stay there may not be dismissed on initiative of the employer.
Article 498. Privileges and benefits of the employers utilizing
the labor of the disabled
An employer who utilizes the labor of the disabled shall enjoy the
privileges and benefits provided by this Code and by collective contracts/agreements.
Article 499. The employment of the disabled
1. The employment of the disabled is insured by the agencies of
the state employment service.
2. The oblast ( and Bishkek city) employment services shall develop annual programs of employment of the disabled in cooperation with
the public associations (amalgamations?) of the disabled, with the
agencies of labor and social protection, and with trade unions and other representation bodies of the enterprise employees.
3. The employment of the disabled shall be directly insured by the
rayon (city) employment services. Their direction of the disabled to a
specially created or reserved job shall be obligatory to follow by an
employer.
4. In the event of a groundless rejection of employment to the disabled directed by the rayon (city) employment service agency, an employer shall be fine in the amount of twelve minimum wages in compliance
with the procedure provided in Paragraph I of Article 571 of this Code.
Article 500. Reservation of jobs for the disabled
1. The agencies of the state employment service with participation
of the public organizations of the disabled shall develop, and local
Keneshes of the Kyrgyz Republic shall approve the quotas (or reservation of jobs for the disabled not to be less that 5 percent of the total
number of employees (provided that the minimum number of employees is
20). Along with this the disabled shall be permitted to employ on the
conditions of short business hours at the expense of this standard.
2. The agencies of the state employment service shall inform an
employer about the job quotas for the disabled not later than three
months prior to the beginning of a calendar year.
3. The employers shall develop jobs for the disabled in accordance
with the established quotas.
4. The job of the disabled may be liquidated only upon coordination with the corresponding local Kenesh of the Kyrgyz Republic.
Article 501. The responsibility of an employer to provide a job
to an employee whose disability is caused by the work
for such employer
1. An employer shall offer or develop new jobs for an employee who
has become disabled due to an on-job injury or an occupational disease
when working for the employer.
2. In the event of non-fulfillment of this requirement the employer shall pay the fine in the amount of twelve monthly wages to any
employee who has become disabled when working for the employer as of
the time of cancellation of the labor contract with such employee as
provided in Paragraph I of Article 570 of this Code.
Article 502. Creation of specialized enterprises, workshops and
sites for utilization of the labor of the disabled
1. Taking into account the needs of disabled and the local specifics the agencies of the state employment service and employers shall
create specialized enterprises, workshops and sites for utilization of
the labor of the disabled.
2. The costs of the equipment for adjusting the working sites for
the disabled shall be reimbursed at the expense of the state employment
assistance fund of.
3. The construction of specialized enterprises, workshops and sites for the employment of the disabled provided by the programs of the
oblast (and of Bishkek) employment services shall be obligatory for
employers.
Article 503. The conditions of work and rest of the disabled
1. The
disabled
shall not be subject to probation when being hi-
red.
2. An employer shall develop the working conditions for the disabled in accordance with their individual rehabilitation program, including organization of on-job professional training and/or work at home.
3. The working conditions including the wages, the business and
rest time regime, and /or the length of the annual leave set in the
collective and labor contracts (agreements) shall not aggravate the situation of the disabled or limit their rights in comparison with any
other employee.
4. Short business hours not to exceed 36 hours a week shall be
provided for the disabled of Groups I and II.
5. The attraction of the disabled to overtime, to work on days off
or to night work may be permitted exclusively by their consent provided
that such work is not prohibited to them by the medical conclusion.
6. The disabled may be sent to a business trip exclusively by their consent.
7. An employer may reduce the work output quotas for the disabled
depending on the state of their health.
8. The annual leave of the disabled may not be less than one business month.
9. In the event of reduction in the quantity of employees or of
the staff cuts, the disabled shall be given the preference with respect
to the reservation of a job on condition of equal labor productivity
and professional skills.
10. The disabled working at specialized enterprises, workshops,
sites, adjusted for the utilization of the labor of the disabled shall
have the preferential right to reserve their jobs regardless of the labor productivity and/or professional skills.
Article 504. The rights and responsibilities of an employer with
respect to the social protection of the disabled
1. The disabled who have worked for the employer
prior
to
their
retirement, shall reserve the right to medical care, provision with
flats, orders to the health rehabilitation and preventive care institutions, and to other social services and privileges, as provided by this
Code and by the collective contracts/agreements for other employees.
2. An employer may at their own expenses introduce rises and additions to the pensions of the disabled, first for the single persons in
need of the external assistance and care, and grant other benefits provided by this Code and by collective contracts/agreements.
4. The labor of employees with short
business hours
Article 505. Introducing of the short business hours
1. The short business hours may be introduce by mutual consent of
an employee and an employer at or upon the hiring.
2. An employer shall provide short business hours:
1) at request of a mother of a child under 3 years of age or of
another person specified in Chapter XV, who works during the period of
the maternity leave;
2) for the disabled in accordance with the medical conclusion;
3) for other categories of employees as provided by the collective
contract/agreement.
3. The condition on short business hours shall be included in the
labor contract.
Article 506. The wages of the employees with short business hours
The wages of the employees with short business time shall be proportional to the worked off time (in the event of per hour pays) or to
the outputs (in the event of by the piece pays).
Article 507. Inadmissibility of limitations of the labor rights of
the employees with short business hours
1. The work under the short business hours labor regime shall not
be followed by any limitations of the length of the annual leave, of
time record, and of other labor rights of an employee.
2. The information on the short business hours shall not be entered in the work-record card of the employee.
Article 508. Regulation of the labor of the persons who combine
jobs
1. Combining of jobs is the performance by an employee when free
from their principal work, of another other paid regular work for the
same or for another employer under the labor contract.
2. The combining of jobs for the employers of non-state ownership
structure shall not be limited, except the business hours standards.
3. Employees under 18 years old and pregnant women shall not be
permitted to combine jobs.
4. The employees of the State Authorities shall be prohibited to
implement another paid work on the conditions of pluralism (excluding
the scientific, educating, and creative activities).
5. The special features of regulation of the labor of employees
combining jobs at the enterprises run by the State and in the state
agencies and organizations, and the business hours quotas and the mini-
mum wages in the event of combining jobs for the employers with
non-state ownership structure shall be determined in compliance with
the procedures established by the Government of the Kyrgyz Republic.
6. A dismissal from the work implemented on the plurality basis
may be initiated by an employer on general grounds as provided for in
Article 124 of this Code, and in the event of invitation of another
employee who does not combine jobs.
5. Other forms of legal regulation of
the labor of employees
Article 509. Regulation of the labor of the employees directly
servicing the financial or commodity assets
1. An employee who is hired to perform direct servicing of financial and/or commodity assets may enter into the contract on the full
personal or team financial liability. The issue of entering into such
contract shall be settled by consent of the employee and the employer.
2. The transfer of an employee motivated by production needs or by
a forced interval to the work requiring full personal or team financial
liability may take place exclusively by consent of the employee.
3. An employer may dismiss an employee directly serving the financial or commodity assets in case that the employee has committed the
actions providing the grounds for the loss of confidence.
Article 510. Regulation of the labor relationships in free
economic zones
1. The labor relationships including hiring and/or dismissal of
employees, the wages, be them in national or in foreign currency, the
labor regime, and the social guarantees and compensations at the enterprises of the free economic zones shall be regulated by this Labor
Code and by labor contracts (advanced responsibility contracts).
2. The collective and/or individual labor contract(s) may not aggravate the situation of the employees of such enterprises and/or organizations in comparison with the situation provided by the current labor legislation of the Kyrgyz Republic and by the Conventions of the
International Labor Organization ratified by the Kyrgyz Republic.
3. Foreign employees may freely transfer abroad their wages in foreign currency after taxes.
4. Other particularities of regulation of the labor of the employees in addition to the particularities provided herein are shall be
defined the laws of the Kyrgyz Republic.
Article 511. The special features of regulation of the labor
of certain categories of employees
1. The special features of regulation of the labor of employees of
the health care system, of sportsmen club-members and the members of
some other teams shall be regulated in accordance with the procedure
established by the Government of the Kyrgyz Republic, taking into account the legal norms provided by this Code.
Article 512. Regulation of the labor of employees-migrants
The special features
yee-migrant (registration,
of the regulation of the labor of an emplolicensing, etc.) shall be determined in
compliance with the procedure established by the Government of the Kyrgyz Republic.
Chapter XXIII
Regulation of the labor of employees
of the enterprises (organizations, business
entities) with non-state ownership structure
Article 513. Regulation of the labor of employees of
the enterprises under lease
1. The labor relationships of the members of the working collective of an enterprise under lease shall be regulated by the Charter of
the enterprise taking into account the labor legislation and the special features provided by this Code.
2. The State shall insure social protection of the interests of
the employees of enterprises under lease in accordance with the current
legislation.
3. In cases where the an enterprise undergoes changes in the ownership structure, or is let on lease without reduction of the volume
of works, it shall not cause automatic discharge of all the employees
of such collective. Certain employees may be dismissed in compliance
with the procedure established by this Code only in the event of reduction of the number of employees or staff cuts.
Article 514. The legal regulation of labor relationships
in a production cooperative
1. The labor relationships of a cooperative members shall be regulated by this Code, by the Charter of the cooperative, and by other regulatory acts of the Kyrgyz Republic.
2. The labor relationships of the employees working in a production cooperative under a labor contract shall be regulated by the labor
legislation of the Kyrgyz Republic taking into account the special features provided by this Code.
Article 515. The labor contract in a production cooperative
1. The labor relationships between the employees - non-participants in a production cooperative, and the cooperative, shall be based
on a written labor contract. The absence of the written labor contract
shall not deprive a citizen of the right to prove the existence of the
labor relationships with the cooperative through a testimony, in the
event of a dispute.
2. A production cooperative shall keep and maintain in accordance
with the established procedure the work-record card of any employee who
works in the production cooperative.
Article 516. The special features of the labor of the members
of a production cooperative
1. A member of a production cooperative shall have the preferential right to work in the production cooperative.
2. A member of a production cooperative may participate in its activities exercising/on the basis of the full-time or part-time work.
The length and the business time schedule of a business day of the members of the cooperative, the procedure for providing days off and lea-
ves, and other working conditions shall be established by the Charter
and the bylaws of the cooperative.
3. A production cooperative shall take action to develop healthy
and safe working conditions in accordance with the requirements of the
labor legislation of the Kyrgyz Republic to the enterprises run by the
State and to the state organizations belonging to the respective branches of the national economy.
Article 517. The working conditions of the employees working
for a cooperative under the labor contract
1. The provisions of the labor contract with an employee non-participant in the cooperative which aggravate the situation of the employee by comparison with the provisions of the labor legislation of the
Kyrgyz Republic shall be considered invalid.
2. The production cooperative shall insure healthy and safe working conditions for such employee.
3. The business hours and the rest time as well as the business
time schedule shall be agreed by the parties, however, the length of
the business time may not exceed the standards established by the labor
legislation of the Kyrgyz Republic.
4. A production cooperative may independently determine the encouragement for honest labor and the disciplinary liability for violation
of labor discipline for its members and for the employees working under
the labor contracts.
5. A cooperative shall provide an employee working under the labor
contract the annual leave not to be less than provided for in the labor
legislation of the Kyrgyz Republic.
6. The disputes on the fulfillment of the provisions of a labor
contract shall be settled in court.
Article 518. The wages in a production cooperative
1. A production cooperative may independently establish the form
and system of wages. The wages in a cooperative may be paid in cash
and/or in-kind.
2. The wages of the employees working under the labor contracts
shall be determined by consent of the parties, not to be less than the
minimum wages established by the State for the employees of respective
qualification working at the enterprises run by the State.
3. The amount of wages of the members of a cooperative shall be
determined by the decision of the general meeting of the members of the
cooperative.
4. The individual amount of the wages of a member of a cooperative
shall be determined in accordance with their labor input and with the
share of profit due to the members of the cooperative.
5. The wages of the members of a cooperative except the dividends,
and of the employees working under the labor contracts shall be taxed
in compliance with the current legislation of the Kyrgyz Republic.
Article 519. The financial liability in a production cooperative
1. A production cooperative shall hold financial liability for the
damages caused to its employee, for their injuries, and for any other
harm to their health associated with performance of the labor functions
by the employee.
2. An employee working in a production cooperative under a labor
agreement shall hold the financial liability for the damages caused to
the za cooperative in accordance with the procedures and in the amount established by the labor legislation of the Kyrgyz Republic.
3. An employee working in a cooperative shall reserve their pensions or stipends at the place of their studies; the wages of the employee at their principal job shall not be limited.
Article 520. Cessation of the labor relationships in a production
cooperative
1. The labor contract with a member of a cooperative may be canceled in the event of cessation of their membership in the cooperative as
provided for in Article 117 of this Code.
2. The labor contract with an employee working on a contractual
basis may be canceled by consent of the parties, and/or on the grounds
provided by the labor legislation of the Kyrgyz Republic.
Article 521. Social insurance and social protection of
the employees of a production cooperative
1. In order to realize the rights of social insurance and social
protection provided to the members of a cooperative and to the employees working in the cooperative under the labor contract, the cooperative shall allocate to the State Social Insurance Fund, to the Pension
Fund, and to the Employment Assistance Fund of the Kyrgyz Republic the
revenues as provided by the legislation of the Kyrgyz Republic. A cooperative shall register as an insurer with the appropriate agency within a month upon the date of its registration with the State.
2. The contributions to the State Social Insurance Fund, to the
Pension Fund, and/or to the Employment Assistance Fund which have not
been timely made by a cooperative may be unconditionally exacted upon
the report of the corresponding agency.
The cooperative may appeal such exaction in court.
Article 522. Regulation of labor in a family-operated farm
1. The activities of a family-operated farm shall be based on the
personal labor of its members. In the event of the production needs a
family-operated farm may enter into labor contracts on implementation
of work for the family-operated farm with other citizens.
2. The labor contract shall determine the business hours, the days
off, the annual paid leaves, the wages, the meals, and other issues associated with everyday life and working conditions.
3. The amount of wages and the duration of paid leaves of the employees, working for a family-operated farm on a contractual basis shall
not be less than the minimum wages and the leaves provided for the employees of corresponding qualification working at the enterprises run by
the State. Unilateral amendment of the provisions of labor contract
shall not be permitted.
4. The labor contract with an employee attracted to work in a family-operated farm shall be subject to the registration with the appropriate Kenesh of the Kyrgyz Republic given that the familyoperated
farm is the principal job of the employee.
5. The records made in the work-record card of an employee working
for a family-operated farm on a contractual basis by the registering
agency shall be considered the basis and the certification of the time
of their work for the family-operated farm.
6. The labor rights and responsibilities of the members of the family-operated farm and of the employees attracted to work shall be determined by this Code and by other applicable legislation of the Kyrgyz
Republic.
Article 523. Regulation of labor by the head of a family-operated
farm
1. The head of a family operated farm shall be permitted to use
the hired labor.
2. The labor contract concluded by the head of a family-operated
farm shall be registered with a local agency of the state employment
service within the seven day following the date on which the parties
sign the contract. The procedure for registration shall be established
by the Ministry of Labor and Social Protection of the Kyrgyz Republic.
3. The labor contract between an employee and the head of a family-operated farm may be canceled by either counterpart without explanation of the reasons, any time, except in the event of illness of the
employee, where the labor contract (the advanced responsibility contract) may be canceled on initiative of the employer exclusively upon
the expiration of the two weeks following the starting date of the loss
of the ability for work.
4. The time record of an employee of a family-operated farm shall
be entered in their work-record card in compliance with the procedure
established by the Ministry of Labor and Social Protection of the Kyrgyz Republic.
Article 524. The special features of labor relationships with
the members of a family-owned enterprise
1. In the event of establishment of a family-owned enterprise any
member of the family may take an independent decision on the participation in the enterprise.
2. The labor relationships with the members of a family-owned enterprise shall not be subject to special formalization in accordance
with a general procedure. At request of a member of the family s/he may
enter into the agreement on the concrete terms and conditions of their
work with the head of the family.
3. The records of the duration of work in a family-owned enterprise shall be made in the work-record card of the member of such enterprise in accordance with the procedure established by the Ministry of
Labor and Social Protection of the Kyrgyz Republic.
Article 525. Regulation of labor of the employees of religious
organizations
1. A religious organization and/or an enterprise established by a
religious organization may enter into labor contracts with hired employees.
2. A labor contract with a religious organization and/or an enterprise established by a religious organization shall be registered
with the local agency of the state employment service.
3. The records on the duration of work of an employee hired for
work in a religious organization shall be made in their work-record
card in compliance with the procedure established by the Ministry of
Labor and Social Protection of the Kyrgyz Republic.
Article 526. The labor of home helps
An employee who works on a contractual basis for a citizen, helping such citizen with their household work, providing technical assistance to such citizen in their literary or other creative activities,
or providing other services shall be considered a home help.
Article 527. Conclusion of the labor contract with home helps
1. A home help may not enter into the labor contract on the short
term work (10 or less days in a month in total).
2. The labor contract shall be registered with the local agency of
the state employment service within the seven days following the date
on which it is signed by the parties.
3. The day of signing of the labor contract shall be considered
the date on which the parties enter into the contract.
4. The work-record cards of a home help shall be maintained by the
local labor agencies.
5. The period of work under the labor contract shall be included
in the general and in the permanent time record established by the legislation.
6. The work-record card shall not be issued for a person who works
for another employer and simultaneously performs on a contractual basis
some work for citizens when free from the principal work, nor the records of such work shall be entered in their work-record card provided
that s/he possesses it. The work in question shall not be considered
the combining of jobs.
Article 528. The limitations of labor contracts between home helps
and their close relatives
1. A citizen may not enter into a contract with a person who is
their close relation or is in close affinity with the citizen (a parent, a spouse, a brother, a sister, a sons, or a daughter).
2. Persons looking after the disabled military of Group I whose
disability is caused by wound, contusion, or injury having occurred in
the course of performance of their military duties, or as a result of a
disease associated with their stay at front; persons looking after the
disabled of Group I whose disability is caused by on-job injury or occupational disease; and persons looking after the blind shall not be
subject to the provisions of Paragraph 1.
Article 529. Cancellation of the labor contract with home helps
1. Either party may cancel the labor contract without the explanation of the reasons, any time, except in the event of illness of an
employee, where the employer may initiate such cancellation exclusively
upon the expiration of the two weeks following the starting date of the
employee's inability to work.
2. In the event of violation of the terms and conditions of the
labor contract it may be canceled any time on the grounds provided by
the labor legislation of the Kyrgyz Republic.
3. The time record of an employee engaged in a citizen's household
work shall be introduced in their work-record card in compliance with
the procedure established by the Ministry of Labor and Social Protection of the Kyrgyz Republic.
4. The labor contract including the record on cancellation shall
be submitted by the parties to the appropriate registering agency.
Article 530. The business hours and rest time of home helps
1. The business hours of a home help shall be regulated by consent
of the parties.
2. The days off shall be specified in the contract.
3. A home help shall have the right to the annual paid leave not
to be less than the minimum leave provided for in Article 173 of this
Code.
Article 531. The wages of home helps
1. The wages of a home help shall be agreed between the parties.
2. An employer shall monthly introduce the records on the calculation of the wages in the accounting book issued for the home help by
the local agency on labor.
3. The wages of a home help shall be taxed on general basis.
Article 532. The social insurance of a home help
A person employed by a citizen under the labor contract shall have
the right to the state social insurance provided that s/he has registered the labor contract and pays the insurance fees.
Article 533. The labor of home workers
1. A person who has entered into the labor contract with an employer on implementation of work at home through their personal labor and
on the basis of the supplies, equipment, tools, and appliances provided
by the employer or purchased at the expense of the employer shall be
considered a home worker.
2. Other particularities of regulation of the labor of home workers, in addition to the particularities provided in this Chapter,
shall be defined in accordance with the procedure established by the
Government of the Kyrgyz Republic.
Article 534. The preferential right to enter into the labor
contract on work at home
1. The preferential right to enter in the labor contract on performance of work at home shall be given to:
1) mothers of children under 16 years of age;
2) the disabled and pensioners (regardless of the type of the pension);
3) the persons with limited ability to work, who are recommended
to work at home in compliance with the established procedure;
4) the persons, looking after the disabled or continuously ill family members in need of special care due to the status of health;
5) the persons employed at seasonal works (during the interval
between the seasons), and full-time students;
6) the persons, who due to a valid reason may not be directly engaged in the industries in a particular locality.
Article 535. The arrangement and the conditions of the home
workers labor
1. The home labor shall be permitted only in cases where employees
have the necessary residential and every day life conditions and the
required professional skills, or may be trained to acquire such skills.
2. An employer shall provide a home-worker with equipment, tools,
and appliances for charge-free utilization, and timely have them repaired.
3. In cases where a home-worker uses their own tools and mechanisms, s/he shall be reimbursed for amortization (depreciation) in accordance with the procedure established by the Government of the Kyrgyz
Republic.
4. By consent of the parties a home-worker may be reimbursed for
other expenses associated with their work for the employer at home
(costs of energy, water, etc.).
5. A specific type of work for a home-worker shall be selected taking into account their professional skills and the status of health.
6. In accordance with the general rules of fire safety and sanitary, and with the living conditions of home-workers, certain types of
the work at home may be allowed only with permission of respective
agencies.
7. The procedure and terms of supply with raw materials, materials
and semi-finished products, the pays for the ready production, the compensation of the cost of materials (in cases where the production is
made of the materials of the employee), and the conveyance of ready
production shall be specified in the labor or collective contract.
Article 536. The wages of home workers
1. In cases where a home worker changes the organizational and
technical environment (different equipment, tools, etc.), the employer,
taking into account the economic expediency, may establish for them the
output quotas based on specific conditions of work at home.
2. A home worker shall not be paid for overwork and/or overtime
unless the labor contract provides otherwise.
3. A home-worker may be given bonuses as provided by their employer's regulations on bonuses.
Chapter XXIV
Regulation of the labor relationships and
of the relationships connected with them on joint
ventures and foreign companies, and in diplomatic
representations of foreign countries
Article 537. The special features of regulation of the labor
relationships and of the relationships connected with
them in joint ventures and foreign companies
1. The labor relationships and the relationships connected with
them in the event of the employees - citizens of the Kyrgyz Republic,
employed at joint ventures and foreign companies shall be regulated by
this Code. Other issues (with the exception of: the norms which aggravate the situation of an employee in comparison with the situation provided by the regulations on protection of labor; the guarantees of
non-utilization of the labor of women and youth in certain works; the
age allowing to enter into a labor contract; payments and contributions
to the social insurance, pension, and employment assistance funds) may
be provided by the international treaties and by the founding documents
local regulatory acts of such companies, and by legislative acts.
2. The labor relationships and the relationships connected with
them in the event of the foreign employees engaged in joint ventures
and foreign companies may be regulated by the founding documents and
the local regulatory acts of such companies, and by labor contracts,
and in cases which are not governed by the specified documents - by
this Code.
Article 538. The special features of regulation of the labor
relationships and the relationships connected with
them in the diplomatic representations of foreign
countries
1. The labor relationships and the relationships connected with
them in the event of a foreign employee of the diplomatic representation of a foreign country shall be regulated by the legislation of such
country.
2. The labor relationships and the relationships connected with
them in the event of an employee - a citizen of the Kyrgyz Republic,
employed in a diplomatic representation of a foreign country, shall be
regulated by this Code, except the provisions of Section II of this Code and of the norms governing the participation of representative bodies of employees in regulation of the labor relationships and of the relationships connected with them.
3. The labor disputes between the employees - citizens of the Kyrgyz Republic, employed in the diplomatic representations of foreign countries, shall be settled jointly by the diplomatic agencies of the
Kyrgyz Republic and of the respective foreign country.
4. The protection of the labor rights and of the rights associated
with them in the event of the employees - citizens of the Kyrgyz Republic, employed in the diplomatic representations of foreign countries,
shall be provided by the Ministry of Foreign Affairs of the Kyrgyz Republic in cooperation with the Ministry of Labor and Social Protection
of the Kyrgyz. Republic in accordance with the procedure established by
the Government of the Kyrgyz. Republic.
Article 539. The employees of the Kyrgyz Republic in foreign
countries
1. The employees of the Kyrgyz Republic in foreign countries are
as follows:
1) persons directed by the Kyrgyz Republic to work abroad and members of their families hired abroad by the agencies of the Kyrgyz Republic located in foreign countries;
2) persons being the members of the staff of an employer registered and located within the territory of the Kyrgyz Republic sent to
work abroad by the employer.
2. The employees of the Kyrgyz Republic in foreign countries shall
be subject to the labor legislation of the Kyrgyz Republic taking into
account the special features provided in this Chapter of the Labor Code
and by the Government of the Kyrgyz Republic.
Article 540. The business hours and the rest time
1. The days off and holidays for the employees of the Kyrgyz Republic in foreign countries may be established in accordance with the
respective local conditions.
2. The employees of the Kyrgyz Republic working in the countries
with hot and/or humid climate shall be given short business days and
extended leaves in accordance with the conditions and the procedure established by the Government of the Kyrgyz Republic.
Article 541. Cancellation of the labor contract
The labor contract with an employee of the Kyrgyz Republic in a
foreign country may be canceled ahead of schedule in the event of deportation of the employee from the territory of the foreign country.
Chapter XXV
Legal provisions on employment and unemployment
1. Employment
Article 542. Employment of citizens
1. Employment is any activity of a citizen which is not prohibited
by law and which, as a rule, results in pays (income) of the citizen.
2. A citizen shall have the exclusive right to use their capacity
for productive and creative labor at their discretion.
3. Administrative compulsion to any labor shall not be permitted
except as provided by the legislation.
Article 543. The basic principles of the state policy in the area
of labor
The state policy in the area of labor shall provide the unity of
the bodies of State Governance of any level with the participation of
trade unions and employers, and shall be based on the following principles:
1) the priority of the life and health of an employee over the results of the production activity of an enterprise; the full liability
of an owner or of a representative authorized by the owner (hereinafter
referred to as an employer);
2) settlement of the issues of protection of labor on the basis of
the state programs on such issues and joint activities in the area of
protection of labor in coordination with other directions of the economic and social policy; establishment of common requirements to protection of labor to any enterprise regardless of the type of ownership and
management;
3) performance of the state supervision and control over the fulfillment of the requirements of the protection of labor safety and labor safety by any enterprise;
4) wide utilization of the achievements of science and technology,
and of the experience in the sphere of labor safety accumulated both
within and outside this country; encouragement of the development and
introduction of safe equipment, technology, and means of protection of
employees and of scientific research on labor safety;
5) participation of the State in financing of labor safety; carrying out the tax policy facilitating the development of healthy and safe
working conditions at the enterprises; stimulation of the economic incentive of an enterprise in development of healthy and safe working
conditions, and of an employee - in observance of the rules and standards of labor safety and safety engineering;
6) licensing of an enterprise activities for the labor safety;
certifying of the production facilities for the requirements of safe
labor; evaluation of the danger and harm of production by the bodies of
the state labor commission immediately at working sites and with respect to the construction designs of new enterprises and of the enterprises under reconstruction;
7) provision of employees with special clothes and shoes, individual protection means, and medical-and-preventive nutrition at the expense of the owner; obligatory investigation and recording of any production accident or occupational disease; providing employees with the
information on the level of on-job injuries, the occupational disease
rate, and the action taken to develop the labor safety; social protection of the interests of the employees having suffered in production
accidents and/or affected by occupational diseases;
8) training of specialists in the labor safety and safety engineering in the higher educational institutions and in vocational training
colleges;
9) comprehensive support of the activities of the representative
bodies of employees, employers, public associations, enterprises, and
individuals, aimed at the insuring of the labor safety;
10) international cooperation in the course of settlement of the
issues related to the labor safety.
Article 544. The state guarantees of the right to labor
The Kyrgyz Republic shall guarantee its citizens:
1) charge-free general and professional training and retraining.
The procedure for providing of such training and/or retraining shall be
established by the Government of the Kyrgyz Republic;
2) freedom of choice of the type of occupation and work;
3) charge-free assistance to the choice of appropriate work and to
employment in correspondence with the vocation, capacities, professional skills, and education;
4) protection of a citizen from any discrimination and insuring of
the equality of all citizens in acquiring of a profession and a job,
and in the choice of an occupation and work;
5) offering by an enterprise, agency, or organization of an appropriate job for the period not less than 3 years to a young specialist
- graduate of a state educational institution in accordance with the
anticipatory bid;
6) reimbursement of the financial expenses associated with the direction to work in another locality or to retraining, as provided by
the current legislation;
7) the opportunity to enter into a fixed term labor contract
and/or to participate in paid public works organized with the account
of the age, etc. of citizens.
Article 545. The additional guarantees of employment to
the certain categories of the population
1. The State shall insure, through the development of additional
jobs (including the specialized jobs) and of specialized enterprises,
through training within the special programs, and through other action,
the additional guarantees (setting quotas) of the employment of the
following categories of the citizens incapable to compete in the labor
market on general grounds:
1) a single parent and/or parent(s) of numerous children; parent(s) of children under age and/or of disabled children;
2) a youth under 18 years of age;
3) the disabled;
4) a person moved from the area of radioactive pollution in accordance with the legislation;
5) a person of the pension age;
6) a soldier-internationalist;
7) a person retired in connection with the expiration of the term
of the active military service or with the reductions in the number of
the military;
8) a person set free from an institution executing a court sentence or compulsory medical treatment.
2. In accordance with the legislation the local Keneshes of the
Kyrgyz Republic shall, at the expense of their funds, by granting tax
privileges, and on the basis of other sources, set the minimum number
of special jobs (quotas) for the enumerated categories of citizens.
3. The local Keneshes of the Kyrgyz Republic at the expense of
their funds may provide additional guarantees to the citizens employed
at the enterprises subject to liquidation in compliance with the legislation.
Article 546. Employment of the released employees
1. An employee shall be informed on the coming discharge in person, at least two months in advance. Simultaneously with the notification of the discharge, the employee shall be offered another work in
the same enterprise, agency, or organization. In cases where an appropriate job is unavailable, or the employee rejects of a transfer to
another job within the same enterprise, agency, or organization, s/he
may at their discretion either apply to the state employment service
agency or look for a job by themselves. Along with this, the administration shall notify the state employment service of the coming discharge of the employee and specify their profession, specialty, professional skills, time record, and wages.
2. The agency of the state employment service shall offer to the
employee an appropriate job in the same or in another locality, and in
the event of unavailability of such job choose a different job, taking
into account the wish of the employee and the social needs. The employee may, if necessary and by their consent, be sent to professional
training (retraining) or skill-upgrading to be followed by employment.
Article 547. The privileges and reimbursements of the released
employees
1. An employee whose labor contract is canceled in connection with
their release from an enterprise, an agency, or an organization undergoing restructuring, liquidation, or staff-cuts shall reserve their
average wages with account of the discharge pay and the permanent time
record for the period of search for a new job not to exceed three
months, provided that the employee registers with the employment service agency as the person looking for a job within the 10 calendar days
following the date of discharge. In any case an employee dismissed due
to the abovementioned reason shall be provided the discharge pay not to
be less than their average monthly wages.
2. The item 1 above of this Article shall not apply to the
employees
dismissed in connection with the bankruptcy of the employer.
3. In cases where a discharged employee is not offered an appropriate job within the three months period,or rejects two jobs offered
to them within the same term, s/he shall acquire the status of an
unemployed. An employee discharged from an enterprise, an agency, or an
organization undergoing liquidation, restructuring, or staff cuts, who
is on full-time professional training or skill upgrading at the new
job, shall reserve their average wages s/he has received at the previous job, for the entire period of training.
Article 548. The state guarantees of employment of persons
released from work at the enterprises, agencies, or
organizations located in the high altitude areas
1. An employee released from work at an enterprise, agency, or organization located in the high altitude areas or in the areas equated
to them in connection with restructuring or liquidation of the enterprise, agency, or organization, shall reserve the average wages, with
account of a monthly discharge pay, for the period of searching for a
new job not to exceed six months.
2. The item 1 above of this Article shall not apply to the employees dismissed in connection with the bankruptcy of the employer.
3. The discharge pay and the reserved average monthly wages shall
be paid by the specified enterprise, agency, or organization.
Article 549. The responsibility of enterprises, agencies,
organizations, and entrepreneurs in the field of
employment
1. An enterprise, an agency, or an organization regardless of the
type of ownership and management, and/or an entrepreneur shall be obliged:
1) to inform the state employment service by a written notice about the coming liquidation of the enterprise, the agency or the organization, or about the cessation of the business activities of an entrepreneur (not to be done later than two months prior to such liquidation
or cessation) and specify the professions, specialties, professional
skills, and wages of the employees to be dismissed;
2) to provide monthly to the state employment service the information on the vacant jobs (vacancies) specifying the working conditions
and wages;
3) to develop jobs for the disabled due to the on-job injury or
the disease caused at such enterprise, agency, or organization;
4) to make contributions (allocations) to the State Employment Assistance Fund.
2. Enterprises and organizations regardless of the ownership
structure and management shall be obliged:
1) to employ the citizens directed by the state employment service
agencies on the account of the quotas established in accordance with
the provisions of Paragraph 2 of Article 545 of this Code;
2) to create jobs (including the specialized jobs for the handicapped persons) to employ the citizen listed in Paragraph I of Article
545 of this Code. The minimum number of the jobs shall be set by the
local Keneshes of the Kyrgyz Republic or by the special state programs.
The expenses on development of such jobs exceeding three percent of the
average number of the employees shall be compensated by the State Employment Assistance Fund and from other sources.
3. Invitation of a foreign employee for work may be permitted exclusively upon licensing with the Ministry of Labor and Social Protection of the Kyrgyz Republic provided that there are no local employees of
appropriate profession or professional skills to perform such work.
Article 550. The consultations with the representative bodies of
employees on the issues of assistance to employment
1. The State Authorities shall consult with the representative bodies of the enterprise employees on the issues of development of the
state policy with respect to employment, of corresponding legislative
acts, and of the decisions of the local Keneshes of the Kyrgyz Republic.
2. In accordance with the results of the consultations the collective agreements (contracts) may be executed. Such agreements (contracts) shall include: the measures aimed at the assistance and maintenance of employment, and at the protection of the dismissed employees
and of the persons in need of the social protection; the obligations of
the Bodies of State Governance and Administration on presenting of the
information on the economic and financial conditions of implementation
of the employment policy; other issues affecting the interests of the
citizens in the area of employment.
Article 551. Other issues of regulation of employment and
unemployment
The issues of employment and unemployment other than the issues of
employment and unemployment provided in this Chapter shall be regulated
in accordance with the procedure established by the Government of the
Kyrgyz Republic.
Article 552. The State Employment Service
1. The policy of public employment and respective guarantees to
the citizens throughout the territory of the Kyrgyz Republic shall be
introduced into practice by the State Employment Service.
2. The State Employment Service shall perform its functions in
compliance with the Regulations approved by the Government of the Kyrgyz Republic.
Article 553. The State Employment Assistance Fund
The State Employment Assistance Fund is a state non-budget fund
aimed at protection from unemployment and at financing of the measures
for public employment.
Article 554. The procedure for establishment of the State
Employment Assistance Fund
1. The State Employment Assistance Fund may be constituted by:
1) the obligatory allocations to be made by enterprises, agencies,
and/or organizations regardless of the types of ownership and management (including the enterprises with foreign investments), by entrepreneurs except the enterprises and organizations of the associations of
the disabled, the horticultural partnerships, and the housing and garages construction cooperatives managed without participation of hired
employees;
2) the allocations from the state and local budgets;
3) the voluntary donations and other revenues.
2. The amount of the obligatory allocations to the State Employ-
ment Fund shall be determined by the Jogorku Kenesh of the Kyrgyz Republic.
3. The arrears of the allocations to the State Employment Fund uncovered within the established term, shall be unconditionally charged
by the State Employment Service together with the fines. The fines in
the amount provided for by the legislation on taxation shall be charged
on the basis of the arrears for every day of delay.
4. The budget of the State Employment Assistance Fund and the report on its implementation shall be approved by the Jogorku Kenesh upon
submission by the Government of the Kyrgyz Republic.
5. The funds of the State Employment Assistance Fund not utilized
during an accounting financial year shall not be subject to execution
but shall be reserved for the financial year following such accounting
year.
6. The funds of the State Employment Assistance Fund of Promotion
shall be administered by the State Employment Service.
7. The procedure for the collection, accounting and utilization of
the revenues of the State Employment Assistance Fund shall be established by the Government of the Kyrgyz Republic.
2. The social guarantees to the unemployed
Article 555. The Unemployed
A capable citizen of working age (a women under 55 years of age, a
man under 60 years of age) permanently residing in the Kyrgyz Republic,
who: does not have a job, is not engaged in business, does not study in
a full-time educational institution, or does not serve the call-up military service shall be considered unemployed provided that such person
is registered with the State Employment Service.
Article 556. The registration of the unemployed
The unemployed shall apply in person to be registered with a city,
rayon, or regional agency of the state employment service according to
the location of the permanent residence (residence record) of the
unemployed.
Article 557. The system of protection from unemployment
1. The system of protection from unemployment in general, and the
methods of providing the unemployment allowance in particular shall assist to the development of the full, productive, and freely chosen employment, and stimulate the entrepreneurs to offer productive jobs to
the employees, and the employees - to look for such jobs.
2. The specified system may be introduced only upon consultation
and in cooperation with the associations (amalgamations) of employers
and/or of employees in accordance with the experience accumulated in
this country.
Article 558. The assistance to the productive employment
In accordance with the national legislation and practices, the
special programs promoting the development of additional jobs and the
assistance to the employment shall be introduced. The special programs
shall also assist certain categories of individuals to find a productive and freely chosen job. Such individuals in unfavorable position who
meet or may meet the difficulties in their search for permanent jobs
are: women; young employees; persons unemployed for a long time; employees-migrants staying in this country on a legal basis; employees affected by structural changes.
Article 559. The cases covered by the system of protection from
unemployment
1. The cases covered by the system of protection from unemployment
shall include full unemployment, defined as a loss of wages caused by
the impossibility to find an appropriate job (Article 562 of this Code)
taking into account the provisions of Paragraph 2 of this Article, with
respect to a person capable to work, ready to work, and really looking
for a job.
2. The area of application of the system of protection from unemployment shall also include:
1) the loss of wages through partial unemployment defined as temporary reduction of the standard or the established by law business hours;
2) irregular pays or reduction of the amount of the pays caused by
a temporary stoppage of production without cessation of the labor relationships conditioned, in particular, by the reasons of economic, technologic, structural, or another similar character.
3. An employer shall pay the allowances to the employees who have
to work incomplete business hours and are actually looking for a
full-time work. The total amount of the allowances and wages received
in connection with the incomplete business time shall not make an employee loose the intent to find a job with full business hours.
Article 560. The persons to be protected from unemployment
The
comprise
tection
dents on
list of the persons to be protected from unemployment shall
the categories of employees prescribed by the system of profrom unemployment including the state employees and the stuvocational training.
Article 561. The methods of protection
The legislation of the Kyrgyz Republic may determine the method/methods of protection preferable for introducing into life the provisions of Convention N 168 of the International Labor Organization on
the employment promotion and protection from unemployment, be it realized through the system of contributions, through the non-contribution
system, or through combining of the two systems.
Article 562. An appropriate job
1. The job offered taking into account in particular, to a certain
extent, the age of an unemployed, the time record of the work in accordance with their specialty, the experience, the length of the unemployment period, the situation in the labor market, the results of such job
with respect to their personal and family status, and/or such a circumstance that the job may be vacant as a direct result of the production stoppage caused by the ongoing labor dispute shall be considered
appropriate.
2. A job may not be considered appropriate if:
1) it is located in another administrative-territorial unit,
and/or in the region with less favorable residential and/or other essential living conditions by comparison with the conditions the unemployed person has by the time of their application to the employment
service agency;
2) the wages are 10 percent less than the wages at the last job;
3) the rejection of the job is motivated by a valid reason or by
family circumstances.
3. Upon expiration of the six months period of unemployment, in
the event of a failure to offer the unemployed a job in accordance with
their profession (specialty), the job which requires to change the profession (specialty) and is consistent with the abilities, the state of
health, the professional experience, and the means of education available to the unemployed shall be considered appropriate.
4. In cases where an unemployed person who does not have any profession (specialty), is looking for a job for the first time, or a person is unemployed for more than 12 months, a job requiring preliminary
professional training, skill upgrading, or retraining, and in the event
of unavailability of such job - another paid job (including temporary
jobs) consistent with the age, etc., of the unemployed and with the
provisions of the legislation on labor may be considered appropriate.
5. The rayon and/or city Keneshes of the Kyrgyz Republic may also
establish other criteria for an appropriate job, in order to strengthen
the social protection of the unemployed.
Article 563. Public works
1. Public works are the widely available types of temporary labor
activities which, as a rule, do not require special professional training, are carried out on the basis of the labor contract or on the basis of another civil legal contract, and facilitate the involvement of
the unemployed and of the persons applying for employment, in the labor
relationships.
2. The activities associated with liquidation of the consequences
of accidents, of the Acts of God, and of other similar occurrences may
not be classified as the public works. In particular cases some of them
may be considered the public works in accordance with the decision of a
corresponding local Kenesh of the Kyrgyz Republic.
Article 564. The procedure for organization and the conditions
of implementation of public works
1. The local Keneshes of the Kyrgyz Republic at the request of the
state employment service and of the respective trade unions, upon coordination with the interested enterprises, agencies, organizations,
and/or entrepreneurs shall arrange the performance of paid public works
for the unemployed.
2. The unemployed shall enter into the labor or civil legal contracts for the period of implementation of the public works.
3. A citizen hired to implement the public works shall be subject
to the social guarantees including the right to pension, to the unemployment allowance, and to the temporary disability allowances, in compliance with the procedure established by this Code.
4. An employer shall enter into the labor contract with the unemployed and with other citizens, sent by the employment service to the
public works, for the term not to exceed 6 months.
5. In cases where the employment service offers the unemployed
with permanent jobs the contract on implementation of the public works
may be canceled ahead of schedule.
6. The employer shall make a record in the work-record card of the
employee engaged in the public works, as provided by this Code.
7. The employer shall be responsible for observance of the legislation on labor and employment, and of the rules of labor safety and
safety engineering during the period of implementation of the public
works.
8. The period of implementation of public works shall be included
in the general and in the permanent time record.
Article 565. The unemployment allowance
1. The unemployment allowance may be granted by the state employment service.
2. The right to the unemployment allowance shall be given to an
unemployed person, who does not receive pensions, allowances (except
the allowances for the families with children), or the reimbursements
for the damages caused by an injury or another harm done in the course
of performance of the labor duties provided that the total amount of
such pensions and/or allowances does not exceed the amount of the
unemployment allowance provided by the legislation of the Kyrgyz Republic.
3. The amount of money received by the unemployed shall not exceed
the established bounds, and may be limited depending on the incomes of
the beneficiary or their family.
Article 566. The compensations to the unemployed citizens residing
in the high altitude areas
1. An employee residing in the high altitude area or in the area
equated to the high altitudes, and recognized as the unemployed shall
be paid the unemployment allowances with the rayon coefficient taken
into account.
2. An employee who has lost their job and wages (labor income),
and who is registered with the state employment service as a person searching for a job, during the period on professional training, skill
upgrading or retraining in accordance with the order issued by the state employment service, shall be paid stipends with the rayon coefficient taken into account.
3. Professional training, upgrading of professional
skills, and retraining of the unemployed
Article 567. Professional training, skill upgrading, and
retraining of the unemployed
1. The professional training, the skill upgrading, and the retraining of the unemployed shall be performed by the educational centers of
the state employment service, or by other educational institutions (at
enterprises, in agencies, or in organizations).
2. The professional training, the skill upgrading, or the retraining of the unemployed in accordance with the orders issued by the state employment service performed at the expense of the State Employment
Assistance Fund.
3. The state employment service may, if necessary, fully or partially reimburse an enterprise, an agency, or an organization the expenses on education of the persons hired for work or discharged from anot-
her enterprise, agency, or organization.
4. In cases where an employee (except the employees hired for the
work which does not require special professional skills, women of 45
years of age and older, and men of 55 years of age and older) has not
pass the professional training, skill upgrading, or retraining at his
last job within the two years preceding their dismissal, the funds for
their training shall be charged by the state employment service from
the enterprise, agency, or organization which has dismissed the employee.
Article 568. The stipends for the unemployed during the period of
professional training, skill upgrading, or retraining
1. The stipends shall be granted to the unemployed for the period
of professional training, upgrading of professional skills, or retraining (for the persons who receive the unemployment allowance, and instead of such allowance) by the state employment service.
2. The stipends of the unemployed shall comprise 50 percent, and
in cases where the unemployed have dependents - 75 percent of the wages
of the unemployed at their last job. The stipends shall not be less
than the one and a half minimum unemployment allowance for a given
unemployed, nor shall they exceed three minimum monthly wages.
3. The stipends of a person dismissed for the violation of labor
discipline, for another fault, or at their request without valid reasons, and, as a result, unemployed for more than 12 months, shall comprise the amount of the minimum wages.
4. The stipends of an entrepreneur who carries out their activities without forming a legal entity shall be paid on condition that the
entrepreneur has been contributing to the State Employment Assistance
Fund during the period not less than half a year during the last year
of their activities.
5. The amount of the stipends may be reduced, or the payments may
be terminated in the event of poor progress or systematic absence from
classes without valid reasons.
6. When determining the amount of the stipends or the unemployed
being on professional training, skill upgrading, or retraining in the
areas where the fixed additions to the wages are established depending
on the level of the radioactive pollution, the fixed additions established in such areas shall be taken into account.
7. The stipends shall be liable to indexation in accordance with
the established procedure.
4. The additional (special) guarantees to particular
categories of employees
Article 569. Special guarantees to the employees dismissed from
enterprises, agencies, or organizations
1. An employee dismissed from an enterprise, an agency, or an organization, in the event of cancellation of the labor contract in connection with the liquidation of the enterprise, the agency, or the organization, or in connection with staff reduction, shall reserve the
permanent time record for the three months following the date of the
dismissal.
2. Excluded.
3. An employee who has suffered a job-related injury or an occupational disease, in the event of cancellation of the labor contract with
the corresponding enterprise, agency, or organization, be it on any
grounds except the grounds conditioned by the wrong doings of the employee, shall be given the guarantees provided for in Paragraph I of
this Article.
Article 570. The liability of enterprises, agencies, and/or
organizations for the violation of the legislation
on public employment
1. An organization shall be fined for 12 minimal monthly wages for
an ungrounded rejection to hire a person who is directed to the organization at the expense of the quota as provided for in Article 545, and
in clause 1, Paragraph 2 of Article 549 of this Code, and/or for
non-development of jobs in accordance with clause 2, Paragraph 2 of Article 549 of this Code.
2. An enterprise, an agency, or an organization shall be fined in
accordance with the provisions of Paragraph 1 of this Article in cases
where the enterprise, the agency, or the organization rejects to hire a
graduate of an educational institution notwithstanding the bid or the
contract on training.
3. An entrepreneur shall be fined in the amount of 120 average
monthly wages of an employee whose disability is caused by a job-related injure or by an occupational disease provided that the entrepreneur
has not developed a job for the employee in accordance with clause 3,
Paragraph 1 of Article 549 of this Code, and such non-development conditions the cancellation of the labor contract.
4. An enterprise, an agency, an organization, or an entrepreneur
shall be fined for 10 minimum wages for untimely or unduly fulfillment
of the requirements set in clause 1, Paragraph 1 of Article 549 of this
Code.
5. The fines provided for in this Article shall be charged by the
state employment service.
6. The collections shall be transferred to the State Employment
Fund.
7. A fined employer shall not be released from the responsibilities provided for in this Section.
Article 571. Appealing the actions of the officials and of
the agencies of the state employment cervice
1. The actions of the officials and/or of the agencies of the state employment service may be appealed in a superior body or in court.
2. In cases where a person is rejected the unemployment allowance,
the allowance pays are ceased or suspended, or the amount of the allowance is cut or being disputed, the applying person(s) may submit a
claim to the state employment service or to court.
The President of the Kyrgyz Republic
A.Akaev
Adopted by the Legislative Assembly
of Jogorku Kenesh of the Kyrgyz Republic
September 18, 1997