The Ministry of Labor of Kyrgyzstan developed a new Labor Code. The draft code was submitted for public discussion.
As the background statement says, the current Labor Code came into force on January 1, 2005.
«At that time, it met all the requirements for maintaining a balance between the parties to labor relations. However, in connection with the development of economic and labor relations, the emergence of new forms of employment, there is an urgent need to revise the logical structure and hierarchy of labor legislation. In addition, more than 30 changes and additions were made to the Code,» the Ministry of Labor noted.
The ministry listed the main problems associated with the current regulatory legal act. According to it, there is a gap between the theoretical norms of the Code and their actual implementation in practice.
«For example, the document provides for certain guarantees and rights for employees, such as the right to protection from discrimination, the right to leave, and others, but violations of these rights are quite common in real practice and employees may encounter difficulties in protecting their rights,» the statement notes.
The current version contains shortcomings in the mechanisms for regulating labor relations, such as procedures for hiring and firing workers, determining working conditions, procedures for resolving labor disputes, and others.
Some rules and procedures may be ambiguous or difficult to understand and apply that may create problems.
Ministry of Labor of the Kyrgyz Republic
In addition, the Code does not always fully regulate all aspects of labor relations, there are shortcomings in control and punishment for violations, and there are problems with monitoring compliance with labor laws.
To address these issues, as well as to eliminate duplicate norms in sectoral and labor law-related legal acts, a new version of the Labor Code has been developed, while the norms that are regulated by sectoral laws have been taken out of it with the preservation of their wording.
