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Kyrgyzstan
 


Source and scope of regulations - 2019    

References
  • Labour Code of 2004, as last amended on 26 June 2018 with Law No.62
    Date: 28 Jul 2017; view website »
Scope
Size of enterprises excluded (≤): 15
Remarks:
  • Art. 55 LC: The fixed-term contracts may be concluded with workers hired in the small or medium-size enterprise employing up to 15 workers during the 1st year of its creation.

Workers' categories excluded: army; managerial / executive positions
Remarks:
  • Art. 6 LC

Types of employment contracts - 2019    

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Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Art. 62 LC: The probationary period may not exceed 3 months for all workers and 6 months for high-level managers.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 55 LC
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: 5 year(s)
    Remarks:
    • Art. 55 LC

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 83 and 85 LC


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 83 LC


Prohibited grounds: race; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; financial status; language; property; place of residence; ethnic origin
Remarks:
  • Art. 9 LC


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • Art. 310 LC: special protection against any dismissal, except for economic reasons, for pregnant women and women with family responsibilities.

    Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • Art. 85 LC

Notice period:
Remarks:
  • Art. 85 LC
    • tenure ≥ 6 months
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 9 months
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 1 year
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 2 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 4 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 5 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 10 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).
    • tenure ≥ 20 years
      • non economic dismissal - 2 week(s).
      • economic dismissal - 1 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 85 LC

    Notification to the public administration: No

    Remarks:
    • Art. 85 LC

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • Art. 85 LC

    Approval by workers' representatives: No

    Remarks:
    • Art. 84 LC: The employer is not entitled to dismiss any workers' representative without prior approval by the relevant body representing workers of the enterprise.

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    The collective (mass) dismissals for economic reasons are dismissals of at least 25% of the workforce in the enterprise employing up to 50 workers or at least 15% of workers in the enterprise employing more than 50 workers, during 2 consequent months.

    Remarks:
    • Art. 78 LC

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Art. 78 LC

    Notification to the public administration: Yes

    Remarks:
    • Art. 78 LC

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 78 LC

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Remarks:
    • Art. 85 LC

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Art. 78 LC

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2019    

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    Redundancy payment: Any worker is entitled to 2-3-month wages in case of dismissals for economic reasons, provided the worker is registered, withing 10 days after the dismissal, in the public service of employment as unemployed person seeking for a job (Art. 87 LC)

    Notes / Remarks
    1) Individual dismissal not based on economic reasons: no statutory severance pay for termination related to worker performance or professional capability. However, employment termination related to worker health reasons gives rise to termination payment of 1 month.

    2) Economic dismissal (individual or collective): redundancy payment.

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: No

    Remarks:
    • Art. 423 LC

      However in the cases of dismissal without a legal basis or with a violation of the established procedure for dismissal or illegal transfer to another job, the court is entitled, at the request of the employee, to make a decision to compensate the employee for the moral harm caused to him by such actions. The amount of this compensation is determined by the court.

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    Compensation shall not be less than 12-month average wages.

    Remarks:
    • Art. 423 LC

    Reinstatement available: Yes

    Remarks:
    • Art. 423 LC

    Preliminary mandatory conciliation: No

    Remarks:
    • Art. 421 LC

    Competent court(s) / tribunal(s): ordinary courts

    Remarks:
    • Art. 421 LC

    Existing arbitration: No

    Source of additional information - 2019    

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