Frequently asked questions:
1Can an employer fail to pay an employee for a sick leave certificate (sick leave)?
According to Article 194 of the Labor Code of the Kyrgyz Republic (“Guarantees for the employee in the event of temporary incapacity for work”) and in accordance with paragraph 21 of the Regulation on the Procedure for Providing Temporary Incapacity Benefits, Maternity Benefits, approved by the Resolution of the Government of the Kyrgyz Republic dated September 18, 2018 No.434: “The right to receive a temporary incapacity benefit is granted to an employee who has been in an employment relationship with the employer from the day the employment relationship is established and ceases on the day the employment relationship ends,” the employer is therefore obliged to pay for the sick leave certificate.
2Having worked in the organization for more than one year, can the employer refuse to grant annual paid leave?
In accordance with Article 116 of the Labor Code of the Kyrgyz Republic (“Employees are granted annual leave with job (position) security and average earnings”) and Article 129 of the Labor Code of the Kyrgyz Republic (“in the event that annual paid leave is not granted, the employee does not lose the right to its use or monetary compensation for all the years of not taking leave”), the employer cannot refuse to grant the leave.
3How is the compensation for unused days of annual paid leave calculated?
The amount of compensation for unused days of annual paid leave is determined in accordance with paragraph 5 of Article 159 of the Labor Code of the Kyrgyz Republic: “The average daily earnings for the payment of leaves and compensation for unused leaves is calculated for the last 3 calendar months by dividing the sum of the accrued wages by 3 and 29.6 (the average monthly number of calendar days).”
4What is the duration of leave for taking care of a child?
An employee may request additional leave for taking care of a child without pay until the child reaches the age of three. By mutual agreement, leave for taking care of a child until the child reaches the age of three may be granted at any time and for any duration in accordance with paragraph 1 of Article 137 of the Labor Code of the Kyrgyz Republic.
5Is an employer entitled to transfer an employee to a fixed-term employment contract if the employee was previously hired on an indefinite basis?
In accordance with paragraph 4 of Article 55 of the Labor Code of the Kyrgyz Republic, an employment contract concluded for an indefinite period cannot be re-concluded as a fixed-term contract without the employee's consent.
6Does the employer have the right to force an employee to write a resignation letter of their own volition?
The employer is not entitled to force an employee to resign voluntarily.
7What liability does the employer bear if, upon dismissal, the employee's work record book is not issued and is instead issued six months later?
According to paragraph 6 of Article 65 of the Labor Code of the Kyrgyz Republic: “for the untimely issuance of the work record book due to the employer’s fault upon the employee’s dismissal, the employer shall pay the employee the average daily earnings for each day of delay in issuing the work record book,” provided that the employer did not send the employee a postal notification in a timely manner requesting that the employee come for the work record book or give consent for its mailing.