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Written Agreements

In the Kyrgyz Republic, employment contracts must be in writing and contain a list of specified terms found in the Labor Code. Terms of the labor contract can be changed only upon the written consent of both parties. In the case of fixed-term labor contracts, the employment contract must state the contract duration and circumstances that serve as a ground for concluding such fixed-term contracts.

According to a new amendment to the Labor Code, employment contracts can be made in electronic form now with digital signatures of both parties.

Employment contracts can include provisions on non-disclosure of state, business, commercial and other statutory confidential information, as well as commitment of an employee to work after training for a period stated in the contract or reimbursement of training costs when such training was provided by an employer and labor contract is terminated upon initiative of an employee prior to the contract expiry date.

Oral Agreements

There are no provisions for the use of oral employment contracts in the Kyrgyz Republic.

Implied Agreements

There are no provisions for the use of implied employment contracts in the Kyrgyz Republic.

As stipulated by the Kyrgyz Republic's Labor Code, employees' normal work hours are 40 hours per week.

For the following categories of employees, hours of work are reduced as follows:

• For workers aged 14 to 16 years: not more than 24 hours per week
• For workers 16 to 18 years: not more than 36 hours per week
• For workers engaged in heavy physical work or who work in harmful or dangerous working conditions: not more than 36 hours per week
• For disabled persons with levels I or II disability ratings: not more than 36 hours per week.

The employer's internal labor schedule determines weekly day-offs: employees will receive 2 or 1 day off per week. In a 6-day workweek, daily working hours cannot exceed 7 hours; for a 5-day workweek, the workday cannot exceed 8 hours.

New Year (January 1), Defender of the Fatherland Day (February 23), International Women’s Day (March 8), People’s holiday Nooruz (March 21), Holiday of Labor (May 1), Constitution Day of the Kyrgyz Republic (May 5), Victory Day (May 9), Independence Day of the Kyrgyz Republic (August 31), Day of the Great October Socialist Revolution (November 7), Muslim holidays “Orozo Ait”, “Kurman Ait” (dates may vary), Christmas (January 7).

The Kyrgyz Republic's Labor Code provides that the probationary period in any job cannot exceed 3 months for regular employees.

For the following employees, the probationary period cannot exceed 6 months:

• Heads of organizations and their deputies
• Chief accountants and their deputies
• Heads of branches
• Representative offices
• Other separate structural divisions of the organization.

The labor law prohibits the use of probationary periods for the following categories of workers:

• Persons under the age of 18 years
• Disabled persons
• Temporary workers
• Persons who have graduated from educational organizations of primary, secondary, and higher vocational education who are working for the first time in their specialty
• Workers transferring to work in another locality or another organization.

Employers can implement a probationary period for seasonal employees, but it may not exceed 2 weeks.

Notice Period

According to the Kyrgyz Republic's Labor Code, employers must give a notice period of at least 1 month before terminating an indefinite employment contract. However, if the employee is dismissed due to a reorganization or a reduction of the organization's staff, the employer may terminate the employment agreement before the expiration of the notice period. In that case, however, the employer is required to compensate the employee an amount not lower than the average wage for each day remaining before the expiration of the notice period.An employee can terminate a contract by giving a written notice 14 days in advance.

During the notice period, the employee is entitled to 1 paid day off per week to look for another job.

Employers must give temporary and seasonal employees (as well as employees on a probationary period) written notice of 3 calendars days before termination.

Severance Benefits

The Kyrgyz Republic's Labor Code requires the payment of severance benefits equal to at least 2 months' average wages when the contract is terminated for the following reasons:

• Liquidation of the organization or termination of the individual employer
• Reduction in the number of employees due to reorganization
• Change in the ownership of the organization.

The severance pay is equal to at least 1 month's average wages when the contract is terminated for the following reasons:

• The employee's refusal to transfer in connection with the transfer of the employer to another locality
• The employee reporting for military service or other civil services or relocating in connection with the transfer of a spouse to military service in another locality
• Restoration of an employee who previously performed the work upon the state labor inspector or court's decision.

Minimum Wage

The minimum wage in the Kyrgyz Republic is the rate of monthly payment for unskilled labor. The minimum wage does not include additional payments, bonuses, other incentive payments, or payments for work in special climatic conditions and in territories exposed to radioactive contamination. It also does not include other compensatory and social payments.

The minimum wage in the Kyrgyz Republic is set annually. The minimum wage is KGS 2,460 (Kyrgyzstani soms) from January 1, 2024.

Overtime, Holiday & Vacation Pay

Per the Kyrgyz Republic's labor law, organizations must pay almost all hourly workers overtime pay for hours worked over the standard number of hours (generally 40 hours) in a workweek. Employees who perform overtime work must be compensated as follows: at least 150% of the employee's regular pay rate for the first 2 hours worked and at least 200% of the employee's regular pay rate for any subsequent hours of work.

Work performed on days off and holidays is paid at a rate of at least 200% of normal wages. Employees who are paid a piecework rate must be paid at least 200% of the normal piecework rate. By agreement with the employer, an employee may be given another day off for performing work on days off or on holidays. In that case, work on a day off or on a holiday is paid at the normal rate, and another day off shall not be paid.

Employees must be paid their wages for the leave period at least 3 days before the start of their annual leave.

Visas

In the Kyrgyz Republic, visas are issued to foreigners for the following purposes:

• Business
• Employment
• Private purposes
• Permanent residency
• Transit
• Tourism

Work Permits

According to the Kyrgyz Republic's law, a foreign worker's application for a work permit must be submitted by the employer. All employers employing foreign employees need to have permission from the Ministry of Labor and Social Development. Employees are provided with work permits in the form of personal cards.