Last Change:
06/13/2025
The Labor Code of the Kyrgyz Republic
Original names of the law: Кыргыз Республикасынын Эмгек кодекси
Year: 2025
Type: Domestic law
Rights Category: Work & Workplace rights
Description
The Labor Code of the Kyrgyz Republic, enacted on January 23, 2025 (No. 23), along with other labor laws and regulations, applies to all employees with employment contracts and is binding on all employers (legal or physical entities) across the Kyrgyz Republic, regardless of their organizational or ownership forms.
Selected provisions
1. The objectives of the labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, and protect the rights and interests of employees and employers. Labor legislation is aimed at creating the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, as well as the interests of the state.
2. The main objectives of the labor legislation are the legal regulation of labor and directly related relations on:
1) labor organization and labor management;
2) employment with a given employer;
3) professional training, retraining and advanced training of personnel directly with a given employer;
4) social partnership between employers, employees and government bodies, local government, collective bargaining, conclusion of collective agreements and contracts;
5) participation of representative bodies of employees and employers in establishing working conditions and applying labor legislation in cases provided for by law;
6) material liability of employers and employees in the sphere of labor;
7) supervision and control over compliance with labor legislation;
8) resolution of labor disputes.
The basic principles of legal regulation of labor relations and directly related labor relations are recognized as:
1) the right to work, which every citizen freely chooses or freely agrees to, including the right to dispose of his or her ability to work and choose a profession and occupation;
2) freedom of labor;
3) the right to remuneration for work;
4) prohibition of forced labor;
5) prohibition of discrimination in labor;
6) prohibition of the worst forms of child labor;
7) protection from unjustified dismissal;
8) ensuring the right to employment assistance and social protection against unemployment;
9) ensuring the right to work in conditions that meet safety requirements, sanitary standards and hygiene rules;
10) ensuring the right to remuneration for work in accordance with the employment contract, but not lower than the minimum wage established by law;
11) ensuring the right to rest;
12) ensuring the right to compensation for harm to health caused to an employee in connection with the performance of his work duties;
13) promoting the professional growth of an employee in production, personnel training;
14) ensuring the right to resolve individual and collective labor disputes in the manner established by this Code and other legislative acts;
15) establishing state guarantees to ensure the rights of employees and employers, implementing state supervision and control over their observance;
16) ensuring the protection of the rights and freedoms of citizens by the state, including through judicial proceedings;
17) ensuring the right to association, including the right to create trade unions and other representative bodies of employees to protect their rights and interests in the sphere of labor relations and implement public control over their observance;
18) ensuring the right of employers to association to protect their rights, freedoms and interests in the sphere of labor relations;
19) participation of associations of workers and employers in the regulation of labor relations.
1. This Code, laws and other regulatory legal acts containing labor law standards shall apply to foreign citizens and stateless persons working in organizations located in the territory of the Kyrgyz Republic, unless otherwise provided by the legislation of the Kyrgyz Republic or international treaties.
2. Laws and other regulatory legal acts containing labor law standards shall apply to employees of organizations located in the territory of the Kyrgyz Republic, the founders or owners (in whole or in part) of which are foreign legal entities or individuals (including subsidiaries of transnational corporations), unless otherwise provided by the laws of the Kyrgyz Republic or international treaties.
3. Citizens of the Kyrgyz Republic who are employees of organizations specified in part two of this article have the right to equal pay for work of equal value along with foreign employees of such organizations.
1. Everyone has equal opportunities to exercise their labor rights and freedoms.
2. No one may be limited in their labor rights and freedoms or receive any advantages in their exercise depending on gender, race, nationality, language, origin, property and official status, age, place of residence, attitude to religion, political beliefs, affiliation or non-affiliation with public associations, criminal record (with the exception of restrictions provided for by legislation in the sphere of labor relations), as well as other circumstances not related to the professional qualities of the employee and the results of his work.
3. Unequal pay for work of equal value is not allowed.
4. The establishment of differences, exceptions, preferences and restrictions that are determined by the requirements inherent in a specific type of work, established by law, or are due to the special concern of the state for persons in need of increased social and legal protection, are not discrimination.
5. Persons who believe that they have been subjected to discrimination in the sphere of labor, including violence, harassment, persecution in the sphere of labor, have the right to apply to the court with a corresponding statement on the restoration of violated rights, compensation for material damages and compensation for moral damages.
1. The parties to labor relations are the employee and the employer.
2. An employee may be a person who has reached the age of 16. In exceptional cases, by agreement with the representative body of employees of the organization or the authorized state body in the sphere of labor, a person who has reached the age of 15 may be hired.
3. Students who have reached the age of 14 may enter into an employment contract with the written consent of one of the parents (guardian, trustee) or the guardianship and trusteeship authority to perform light work in their free time that does not cause harm to health and does not disrupt the learning process.
4. The consent of the parents (guardian, trustee) is drawn up in writing, and the parents (guardian, trustee) along with the minor sign the employment contract.
5. The rights and obligations of the employer in labor relations are exercised by: an individual who is an employer; the governing bodies of a legal entity (organization) or persons authorized by them in the manner prescribed by laws, other regulatory legal acts, constituent documents of a legal entity (organization) and local regulatory acts. For the obligations of institutions financed in whole or in part by the owner (founder), arising from labor relations, the owner (founder) shall bear additional liability in the manner prescribed by law.
6. The subjects of individual labor relations are:
1) the employee;
2) the employer.
7. The subjects of collective labor relations are:
1) the representative body of employees (trade union, joint representative body, employee council, etc.);
2) an association of employers;
3) other subjects in cases stipulated by other laws containing labor law norms.
1. In the event of a threat of mass layoffs of employees, the employer is obliged, in agreement with the trade union or other representative body of the organization's employees and the authorized state body in the field of supervision and control over compliance with labor legislation, to take special measures providing for:
1) restriction or temporary termination of the hiring of new employees, dismissal of part-time workers;
2) abolition of the use of overtime work;
3) change in essential working conditions in accordance with Article 32 of this Code;
4) gradual release of employees;
5) other measures, if they are provided for by a collective agreement, contract.
2. Mass layoffs are reductions of at least 25 percent of employees in organizations with up to 50 people and at least 15 percent in organizations with more than 50 people over 2 consecutive months.
3. In the event of mass dismissal of employees or failure by the employer to take measures to prevent the dismissal of more than 30 percent of the employees of the organization or its division within 1 year, regardless of the nature of the activity, consent or disagreement of the employees, the employer shall be liable in accordance with the law or shall take measures against the management of the division of the organization.
1. The grounds for termination of an employment contract are:
1) agreement of the parties (Article 41);
2) expiration of the employment contract (Article 42);
3) employee initiative (Article 43);
4) employer initiative (Article 44);
5) transfer of an employee at his request or with his consent to work for another employer or transfer to an elective (work) position;
6) circumstances beyond the control of the parties (Article 49);
7) employee's refusal to transfer to another job due to health reasons in accordance with a medical report (Part 3 of Article 36);
8) employee's refusal to continue working due to a change in essential working conditions (Part 3 of Article 32);
9) employee's refusal to continue working in an organization due to a change in ownership, a change in its subordination (subordination) and its reorganization (Part 3 of Article 38);
10) employee's refusal to transfer due to the employer's relocation to another location (Part 1 of Article 30);
11) unsatisfactory results of the probationary period (Part 7 of Article 24).
2. An employment contract may also be terminated on other grounds stipulated by this Code and other laws.
3. The date of dismissal is established by the dismissal order.
4. Termination of an employment contract is formalized by an order (instruction, resolution) of the employer indicating the grounds for termination of the employment contract with reference to the relevant article, clause of this Code or other regulatory legal acts.
1. An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before the expiration of its term, may be terminated by the employer in the following cases:
1) liquidation of the organization (legal entity) or its branch (representative office), termination of the activities of the employer (individual);
2) reduction in the number or staff of employees, including in connection with the reorganization of the organization;
3) unsuitability of the employee for the position held or the work performed due to:
a) health status in accordance with a medical report;
b) insufficient qualifications confirmed by the results of certification, certificates of failure to meet labor standards, acts of release of marriage and other data;
4) change of owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);
5) repeated failure of the employee to perform work duties without good reason, the presence of a disciplinary sanction;
6) a single gross violation of work duties by the employee:
a) absenteeism (absence from work for more than 3 hours in a row during the working day without good reason);
b) appearing at work in a state of alcoholic, narcotic or toxic intoxication. Such a state is confirmed by a medical report, witness testimony or a report drawn up by the employer jointly with the representative body of employees;
c) committing intentional damage to or theft of the organization's property at the place of work;
d) violation of labor protection rules by the employee, which entailed serious consequences, including injuries and accidents;
d) disclosure of state, official, banking, commercial or other secret protected by law, which became known to the employee in connection with the performance of work duties and if the condition for its preservation is stipulated in the employment contract.
Regulatory legal acts, charters or local regulatory acts of organizations may provide for other terms of labor agreements in relation to certain categories of employees;
7) committing guilty acts established by the court by an employee directly handling monetary or commodity assets, electronic computers, software, if these actions provide grounds for the employer to lose confidence in him/her;
8) committing an immoral act by an employee performing educational functions that is incompatible with continuing this work;
9) making an unfounded decision by the head of the organization (branch, representative office), his/her deputies and the chief accountant, which entailed a violation of the safety, illegal use or other damage to the property of the organization;
10) submitting by the employee to the employer forged documents or knowingly false information when concluding an employment contract, if they could be grounds for refusing to conclude an employment contract;
11) a single gross violation by the head of the organization (branch, representative office), his/her deputies of their work duties stipulated by the charter or regulations of this organization;
12) in other cases established by this Code and other regulatory legal acts.
2. Persons holding political state positions, special state positions and political municipal positions, as well as officials whose election, appointment or approval is carried out by the President of the Kyrgyz Republic, the Zhogorku Kenesh of the Kyrgyz Republic, the Chairman of the Cabinet of Ministers of the Kyrgyz Republic - Head of the Administration of the President of the Kyrgyz Republic, may also be dismissed:
1) in the event of non-compliance of their activities with the decisions taken and the policy pursued by the political leadership;
2) loss of trust of the political leadership.
3. Failure to confirm in court the results of an inspection of violations of the legislation of the Kyrgyz Republic by a business entity and the establishment in court of guilt of the official who conducted the inspection, shall entail his dismissal from the position held.
1. Dismissal of employees who are members of a trade union or other representative body of employees, in accordance with paragraph 2, subparagraph "b" of paragraph 3, paragraph 5, subparagraph "g" of paragraph 6 of Part 1 of Article 44 of this Code without the prior written consent of the trade union or other representative body of employees of this organization shall not be permitted. A collective agreement may also provide for other grounds for dismissal, which also require the prior consent of the trade union or other representative body to terminate the employment contract at the initiative of the employer.
2. The consent of the representative body of employees to terminate the employment contract is not required in the following cases:
1) dismissal from an organization where there is no representative body of employees;
2) dismissal of the head of the organization, his deputies, employees in managerial positions elected, approved or appointed by state authorities or management bodies, as well as public organizations and other associations of citizens, in other cases stipulated by the legislation of the Kyrgyz Republic.
3. The employer's petition to dismiss an employee must be considered by the representative body within seven days.
4. The employer has the right to terminate the employment contract no later than one month from the date of receipt of the consent of the relevant representative body.
1. Normal working hours may not exceed 40 hours per week, except for cases provided for by this Code.
2. Employment contracts may provide for shorter working hours by agreement of the parties.
3. Reduced working hours are established for certain categories of employees:
1) for employees aged 14 to 16 years - no more than 24 hours per week, from 16 to 18 years - no more than 36 hours per week;
2) for employees engaged in heavy physical work, work with harmful or hazardous working conditions - no more than 36 hours per week;
3) for employees who are individuals with disabilities of groups I and II - no more than 36 hours per week.
4. The list of industries, workshops, professions and positions, as well as the list of jobs with harmful or difficult, hazardous working conditions, work in which gives the right to reduced working hours, is determined by the Cabinet of Ministers of the Kyrgyz Republic.
5. Certain categories of workers (doctors, teachers and others), whose work is associated with increased mental, nervous, emotional stress, are established reduced working hours.
6. Categories of workers with a special nature of work, and the duration of their working hours are determined by the Cabinet of Ministers of the Kyrgyz Republic.