Date of publication:
06/13/2025
Kyrgyzstan
Do domestic laws and policies provide fair remuneration for forcibly displaced and stateless persons?
Assessment by population
Analysis
Remuneration in labor relations is regulated by the Labor Code of January 23, 2025, № 23, which provides for a system aimed at ensuring fair remuneration of employees. The provisions of the Labor Code contain a number of provisions that guarantee fairness in remuneration:
According to Article 91 of the Labor Code, the employer is obliged to pay employees in accordance with the law, collective agreement and employment contract. This means that the employer has no right to reduce the amount of remuneration or violate the established procedure for remuneration.
Labor is paid for by various systems, such as time-based, piecework or other systems, depending on the working conditions. Payment can be made both for individual and collective work results, which allows taking into account the contribution of each employee and collective achievements.
Article 92 of the Labor Code establishes the minimum wage, which must be observed throughout the territory of the Kyrgyz Republic. This minimum cannot be lower than the subsistence minimum of an able-bodied person, which ensures basic protection of workers from poverty and promotes fairness in wages
Including additional payments, allowances, bonuses and other payments in the calculation of wages, as well as excluding them from the minimum wage (clause 4 of Article 92), allows for additional working conditions (for example, work in difficult or dangerous conditions) to be taken into account. Thus, remuneration can be increased depending on the specifics of the work and the merits of the employee, which promotes a fair approach to wages.
According to Article 93, the wage conditions determined by agreements or a collective agreement cannot be worsened compared to current laws. This provides an additional guarantee that the wage conditions cannot be arbitrarily changed to the detriment of employees, ensuring stability and protection of their interests.
According to Article 94 of the Labor Code, wages must be paid at least once a month, and in case of delay in payment, the employer is obliged to pay a fine for each day of delay. This creates financial responsibility of the employer and prevents delays in payments, which is another factor in fairness in wages. Thus, the internal laws of the Kyrgyz Republic regulating wages provide workers with fair compensation, ensuring the protection of their rights and stability of income. Wage systems, minimum requirements, regularity of payments and protection from arbitrary changes in payment conditions create mechanisms aimed at ensuring fairness in labor relations.
Related provisions of domestic law or policy
The Labor Code of the Kyrgyz Republic
- Year: 2025
- Type: Domestic law
- Rights Category: Work & Workplace rights
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2025/ru/150138
Legal provision
Article 91 - Payment of Employees. Forms of Payment of Labor
1. The employer is obliged to pay for the employee's labor in accordance with this Code, other regulatory legal acts, the collective agreement and the employment contract. 2. The labor of employees is paid by the hour, by the piece or by other payment systems. Payment can be made based on individual and (or) collective labor results. The amount of payment for labor cannot be lower than the minimum wage established by law. 3. Payment for employees is determined depending on the volume, quality and complexity of the work performed. 4. Qualification requirements for employees and the complexity of certain types of work are established on the basis of the qualification reference book of jobs and professions of workers, the qualification reference book of positions of employees. The development and procedure for applying these reference books are determined by the authorized state body in the field of labor. The assignment of work performed to a certain complexity and the assignment of qualification categories to employees is carried out by the employer independently in accordance with the qualification directory of jobs and professions of workers, the qualification directory of positions of employees based on professional standards. 5. The list of remuneration related to wages is determined by the Cabinet of Ministers of the Kyrgyz Republic. 6. Payment of wages is made in monetary form in the currency of the Kyrgyz Republic (in soms). 7. Payment of wages in the form of debt obligations, receipts, food or industrial goods cards and other similar substitutes for money is prohibited. 8. Payment of wages by an employer - a legal entity must be made in non-cash form, except in cases of force majeure, declaration of a state of emergency or emergency, as well as in cases stipulated by the Cabinet of Ministers of the Kyrgyz Republic. The Cabinet of Ministers of the Kyrgyz Republic has the right to permit the payment of wages in cash to employers - organizations of certain types of activities or in certain territories of the country.
Article 92 - Establishment of the minimum wage
1. The minimum wage is established for unskilled labor simultaneously throughout the territory of the Kyrgyz Republic by the Law of the Kyrgyz Republic on the republican budget for the relevant year, based on the principle of its gradual increase to the subsistence minimum of an able-bodied person. 2. The monthly wage of an employee who has worked the standard working hours during this period and fulfilled the labor standards (labor duties) cannot be lower than the minimum wage established by law. 3. When paying for labor on the basis of the tariff system, the tariff rate (salary) of the first category of the tariff grid cannot be lower than the minimum wage. 4. The minimum wage does not include additional payments and allowances, bonuses and other incentive payments, as well as payments for work in conditions deviating from normal, for work in special climatic conditions and in areas exposed to radioactive contamination, other compensatory and social payments. 5. The procedure for calculating the subsistence minimum and its amount are established by the Cabinet of Ministers of the Kyrgyz Republic. 6. The minimum wage is not used to calculate additional payments and allowances, bonuses and other social payments, with the exception of determining the average monthly wage for calculating pensions in accordance with the legislation in the field of state pension social insurance.
Article 93 - Setting wages
1. The system of payment of wages, the amounts of tariff rates, salaries, the ratio of their amounts between individual categories of employees, bonus systems, the procedure and conditions for paying remuneration based on the results of work for the year, for length of service, and other forms of material incentives are determined by agreements, a collective agreement (if a collective agreement is not concluded - by the employer after consultations with the trade union or other representative body), regulatory acts of the organization, and employment contracts. 2. The system and amounts of payment of wages to employees of state budget organizations are established in the manner determined by the legislation of the Kyrgyz Republic and other regulatory legal acts. 3. The terms of payment for labor under an employment contract may not be worsened in comparison with current laws, other regulatory legal acts, agreements, and a collective agreement. 4. The terms of payment for labor determined by an agreement, collective agreement, regulatory acts of organizations may not be worsened in comparison with current laws.
Article 94 - Terms of payment of wages
1. Wages are paid at least once a month. The terms of payment of wages are established by a collective agreement or by the organization's regulations. 2. If the day of payment coincide wages with a day off or holiday, payment is made on the day before that day. 3. Upon termination of an employment contract, all amounts due to the employee are paid no later than the last day of work. If the employee did not work on the day of dismissal, the relevant amounts must be paid no later than the next day after the dismissed employee submits a written demand for payment. 4. If the employer violates the deadline for paying wages, vacation pay, payment of severance pay upon dismissal and other payments, the employer is obliged to pay an additional 0.25 percent of the unpaid amount on the day of actual payment for each overdue calendar day. 5. Wages not received by the day of the employee's death are issued to members of his family or to a person who was dependent on the deceased on the day of his death. Wages are issued no later than one week from the date of submission of the relevant documents to the employer.