Date of publication:

06/13/2025

Kyrgyzstan

Do domestic laws and policies provide forcibly displaced and stateless persons with skills development opportunities?

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The legislation of the Kyrgyz Republic provides ample opportunities for developing employees' skills through vocational training, retraining, advanced training and dual training. 

One of the key tools for developing professional skills is dual training, which ensures a continuous process of studying theory and consolidating practical skills directly in the workplace. According to Article 123 of the Labor Code of the Kyrgyz Republic dated January 23, 2025 № 23, an employer may conclude an apprenticeship agreement for vocational training with job seekers, as well as for retraining with employees of his organization. In the first case, the agreement is of a civil law nature, in the second, it is an addition to the employment contract and is regulated by labor legislation. The dual training system ensures equal responsibility of the educational organization, the student and the employer, which contributes to the effective training of qualified specialists. 

In addition to dual training, employers have the right to independently determine the need for vocational training and retraining of personnel in accordance with Article 121 of the Labor Code of the Kyrgyz Republic. They can conduct training in their organization or send employees to educational institutions of primary, secondary and higher vocational education. The state establishes the employer's obligation to create conditions for combining work with training, provide employees with established guarantees and ensure their advanced training in cases where this is a necessary condition for performing certain types of activities. 

The development of professional skills is regulated not only by the rights, but also by the obligations of the parties. If an employee, after completing training, fails to fulfill the obligations stipulated by the contract without good reason (for example, does not start work), the employer has the right to demand reimbursement of the costs incurred for training (Article 121, paragraph 8). This creates a balance of interests, stimulating employees to conscientiously undergo training and apply the knowledge gained in practice. 

Additionally, the legislation provides for mandatory safety and labor protection measures for persons undergoing industrial training and professional practice (Article 123, paragraph 6). This guarantees safe conditions for their professional development and health protection in the workplace. Thus, the internal policy and legislation of the Kyrgyz Republic create favorable conditions for the development of professional skills. Flexibility of training mechanisms, responsibility of the parties and state support for educational initiatives allow workers to improve their qualifications, master new professions and successfully adapt to the requirements of the modern labor market. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Labor Code of the Kyrgyz Republic

    Legal provision

    Article 121 - Rights and obligations of the employer regarding the training and retraining of personnel

    1. The need for professional training and retraining of personnel for their own needs is determined by the employer. 2. The employer conducts professional training, retraining and advanced training of employees, their training in second professions in the organization, and, if necessary, in educational organizations of primary, secondary and higher vocational education on the terms and in the manner determined in the collective agreement, agreements, employment contract. 3. The forms of professional training and retraining of personnel, the list of professions and specialties are determined by the employer. 4. In cases stipulated by laws, other regulatory legal acts, the employer is obliged to conduct advanced training of employees if advanced training is a condition for them to perform certain types of activities. 5. The employer must create the necessary conditions for employees undergoing vocational training to combine work with training, provide the guarantees established by this Code, other regulatory legal acts, the collective agreement, agreements, and the employment contract. 6. Employees have the right to vocational training, including training in new professions, specialties, and to improve their qualifications. 7. This right is exercised by concluding a contract on vocational training between the employee and the employer, which is an addendum to the employment contract. 8. If the employee, upon completion of vocational training, fails to fulfill his obligations under the contract, including failing to start work without good reason, he, at the request of the employer, shall reimburse the expenses incurred by the employer during the training period. 9. Vocational training is not accompanied by an increase in the educational level established by the state.

    Article 123 - Apprenticeship contract and contents of the apprenticeship contract. Dual training contract

    1. The employer has the right to conclude an apprenticeship contract for vocational training with a job seeker, and an apprenticeship contract for retraining without interruption from work with an employee of this organization. 2. An apprenticeship contract with a job seeker is a civil contract and is governed by civil legislation and other acts containing civil law norms. An apprenticeship contract with an employee of this organization is supplementary to an employment contract and is governed by labor legislation and other acts containing labor law norms. 3. An apprenticeship contract must contain: 1) the names of the parties; 2) an indication of the specific profession, specialty, qualification acquired by the apprentice; 3) the employer's obligation to provide the employee with the opportunity to study in accordance with the apprenticeship contract; 4) the employee's obligation to undergo training and, in accordance with the acquired profession, specialty, qualification, to work under an employment contract for the period specified in the apprenticeship contract; 5) the term of apprenticeship; 6) the amount of payment during the apprenticeship period; 7) the liability of the parties for violation of the terms of the apprenticeship contract, the terms of coverage and reimbursement of expenses incurred by the parties (party) during the apprenticeship period, in the event of termination and failure to fulfill the apprenticeship contract at the initiative of any of the parties. 4. The apprenticeship contract may contain other conditions determined by agreement of the parties. 5. Dual training is carried out in accordance with the dual training contract concluded on the basis of the standard dual training contract form approved by the Cabinet of Ministers of the Kyrgyz Republic. 6. Persons undergoing industrial training and professional practice are subject to occupational safety and health requirements. 7. The regulation on dual education is approved by the Cabinet of Ministers of the Kyrgyz Republic.