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 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.
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.
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.
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.
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.
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.
1. It is prohibited to employ persons under 18 in jobs with harmful and (or) hazardous working conditions, in underground work, as well as in work the performance of which may cause harm to their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and toxic drugs).
2. It is prohibited for workers under 18 to carry and move weights that exceed the maximum standards established for them.
3. The list of jobs in which the employment of workers under 18 is prohibited, as well as the maximum standards for weights, are approved in the manner established by the Cabinet of Ministers of the Kyrgyz Republic.
4. It is prohibited to employ pregnant and breastfeeding women in heavy work, work with harmful and (or) dangerous working conditions, in underground work (except for non-physical work or work on sanitary and household services), as well as in work related to the manual lifting and moving of heavy objects that exceed the maximum permissible standards for them.
5. The list of industries, jobs, professions and positions with harmful and (or) dangerous working conditions in which it is prohibited to employ pregnant and breastfeeding women, and the maximum permissible standards of loads for women and workers under 18 years of age when lifting and moving heavy objects manually are approved in the manner determined by the Cabinet of Ministers of the Kyrgyz Republic.
1. In order to ensure the regulation of social and labor relations, conduct collective negotiations and prepare draft collective agreements, agreements, and conclude them, as well as to organize control over the implementation of the collective agreement and agreements at all levels on an equal basis, by decision of the parties, commissions shall be formed from representatives of the parties endowed with the necessary powers.
2. At the republican level, a permanent Republican Tripartite Commission for the Regulation of Social and Labor Relations shall be formed, which shall be formed from representatives of the Cabinet of Ministers of the Kyrgyz Republic, the republican association of employers and trade unions.
3. At the territorial level, tripartite commissions for the regulation of social and labor relations may be formed, the activities of which shall be carried out in accordance with the legislation, as well as the provisions on these commissions, approved by state bodies or representative bodies of local self-government.
4. At the sectoral level, commissions may be created to conduct collective negotiations, prepare sectoral agreements and conclude them. Sectoral commissions may be created at the republican and territorial levels.
5. Agreements providing for full or partial financing from budgets at all levels are concluded with the mandatory participation of representatives of the relevant state bodies and local government bodies that are a party to the agreement.
6. At the level of the organization, a commission is formed to conduct collective negotiations, prepare a collective agreement and conclude it.
1. The principles of collective bargaining are:
1) equality and respect for the interests of the parties;
2) freedom of choice in discussing issues for the purpose of determining working conditions and employment, regulating relations between employers and employees;
3) voluntary acceptance of obligations by the parties;
4) compliance with labor legislation.
2. Representatives of employees and employers participate in collective bargaining on the preparation, conclusion and amendment of a collective agreement, agreement and have the right to take the initiative to conduct such negotiations.
3. The party that has received written notice of the start of negotiations is obliged to begin negotiations within seven days. Neither party has the right to refuse to conduct collective bargaining.
4. The procedure for conducting negotiations, guarantees for persons participating in the negotiations are regulated by the law on collective agreements of the Kyrgyz Republic.
1. Collective agreements may be concluded in organizations of any form of ownership for a period of at least 1 year.
2. A collective agreement may also be concluded in branches, representative offices or other separate structural divisions of an organization. In these cases, the employer's representative is the head of the relevant division authorized by the employer.
3. If the parties fail to reach agreement on individual provisions of the collective agreement within two months from the date of commencement of collective negotiations, the parties must sign a collective agreement on the agreed terms and draw up a protocol of disagreements.
4. Unresolved disagreements may be the subject of further collective negotiations or resolved in accordance with this Code.
5. The content and structure of the collective agreement, the procedure for putting it into effect, the procedure for making amendments and additions, as well as liability for its failure to comply are regulated by the law on collective agreements of the Kyrgyz Republic.