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New Labor Code: New Year and May holidays to appear in Kyrgyzstan

The Ministry of Labor of Kyrgyzstan told what changes were made in the new Labor Code.

The ministry noted that the new Code was developed at the initiative of representatives of business communities in order to increase the investment attractiveness of the country with the direct participation of representatives of government agencies, the Federation of Trade Unions of Kyrgyzstan, the International Labor Organization and employers’ associations.

Working days and public holidays have been changed in the Code:

  • Non-working holidays — January 7, March 8, March 21, May 5, May 9 and August 31;
  • Non-working holidays — Orozo Ait and Kurman Ait (their date is determined annually according to the lunar calendar);
  • Holidays but working days — February 23, April 7, November 7-8;
  • New Year (January 1-6) and May holidays (May 1-8) were established;
  • The norm on transfer of days off has been abolished.

In addition, other amendments were made to the Labor Code:

  • A single percentage of the penalty rate for the employer’s violation of the deadline for payment of wages, vacation pay, dismissal settlement and other payments — 0.25 percent;
  • Limitation period for disputes on wage recovery is set at three years;
  • Limitation on the interest rate for the payment of overdue amounts owed has been eliminated;
  • Labor remuneration is determined depending on the quantity, quality and complexity of work performed on the basis of professional standards;
  • Wages are paid on a time, hourly and piecework basis;
  • The minimum wage for unskilled labor is set throughout Kyrgyzstan on the basis of the principle of a gradual increase to the minimum subsistence level of an able-bodied person;
  • The procedure for the terms and conditions of an employment contract and labor relations has been simplified (electronic conclusion of an employment contract; local normative acts containing norms of labor law; maintenance of an employment record book);
  • The labor contract by agreement of the parties may establish both remote and combined remote work;
  • The Code was supplemented with new concepts (combined remote work, national qualifications framework, national qualifications system, professional standard, dual training and others);
  • Issues of labor relations of civil servants (termination of the labor contract; individual labor disputes) have been regulated;
  • Measures have been established to prohibit the employment of pregnant women and breastfeeding women in heavy work and work in harmful and/or hazardous working conditions;
  • Measures have been established to set job quotas for both persons with disabilities and graduates of orphanages, and others.

On April 12, the Cabinet of Ministers approved changes to the Labor Code. As its press service noted, «the document was developed with the aim of achieving a balance of interests of workers and employers, and due to the fact that the current Labor Code was adopted in 2004 and does not meet the realities of the time.»

The draft document should be submitted to the Parliament, after which it should be signed by the President.