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Kyrgyz Republic - Compensation & Benefit Legislation

CAPITAL

Bishkek

 

CLIMATE

Dry continental to polar in high Tien Shan. Subtropical in southwest (Fergana Valley) and temperate in northern foothill zone.

 

LANGUAGES

Kirghiz (Kyrgyz) (official language), Russian (official language)

Note: in May 2000, the Kyrgyzstani legislature amended the constitution to make Russian an official language, equal in status to Kirghiz.

 

LEGAL SYSTEM

Based on civil law system.

 

CURRENCY

Kyrgyz Som (1 USD = 48.0759 KGS as of March 15, 2002)

 

KYRGYZ REPUBLIC - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

KYRGYZ REPUBLIC - EMBASSY/CONSULATES

U.S. Embassy at Bishkek

171 Prospect Mira

Bishkek 720016

Kyrgyz Republic

Telephone: (996-312) 551-241

Fax: (996-312) 551-264

www.usemb-bishkek.rpo.at/

 

Embassy of the Kyrgyz Republic at Washington D.C.

1732 Wisconsin Avenue N.W.

Washington D.C. 20007

Telephone: (202) 338-5141

Fax: (202) 338-5139

http://www.kyrgyzstan.org/

 

KYRGYZ REPUBLIC - HOLIDAYS

 

KYRGYZ REPUBLIC - LEAVE

Annual Leave: Minimum four weeks annual leave each year.

 

Maternity Leave: Until child reaches three years of age - fixed monthly payment (paid by social security).

 

KYRGYZ REPUBLIC - MINIMUM AGE

The minimum age for employment varies with the type of work, but is no lower than 14.

 

According to the Labor Code, children between ages 14 and 16 are permitted to perform strenuous work with parental consent. However, minors younger than age 18 cannot work in underground conditions. Article 319 sets the maximum daily hours of work for children between ages 14 and 16 at 5 to 7 hours respectively, children under 16 cannot work during night shifts. These laws also apply to children with disabilities who work. During 2001, the Government banned the employment of persons under 18 in more than 1,000 categories of employment involving difficult or dangerous conditions, including work in such sectors as the metal or oil and gas industries, mining and prospecting, and machine building.

 

(Section 6.d. Acceptable Conditions of Work, Kyrgyz Republic – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

KYRGYZ REPUBLIC- MINIMUM REMUNERATION

(The Government mandates the national minimum wage and during the year the legal minimum wage at 100 soms per month (approximately $2).

 

(Section 6.e. Acceptable Conditions of Work, Kyrgyz Republic – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

KYRGYZ REPUBLIC - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

KYRGYZ REPUBLIC - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Labor Law provides for the right of all workers to form and belong to trade unions, and there were no reports that the Government tried to obstruct the formation of independent unions. The Federation of Trade Unions of Kyrgyzstan, the successor to the former official union, remained the only trade union umbrella organization in the country, although unions were not required to belong to it. The Federation forms one part of a bilateral commission, along with the Cabinet; each year the two parties sign an agreement on "cooperation." Precise numbers for the Federation's membership were not available, but it remained significantly larger than other unions. There was one small independent union, the Union of Entrepreneurs and Small Business Workers, whose membership reached approximately 80,000.

 

The Federation has been critical of government policies, especially privatization, and their effect on working class living standards. According to the Federation, the Government has taken no action in response to this criticism. The Federation continued to regard itself as being in a process of transition, during which it is adjusting its relations with the Government, with other unions in the countries of the former Soviet Union, and with other foreign unions. Growing numbers of smaller unions were not affiliated with the umbrella organization.

 

While the right to strike is not codified, strikes are not prohibited. There were no retaliatory actions against strikers, nor were there instances of abuse directed specifically at unions or individual workers. From March through June, vendors in the bazaars of Bishkek and Naryn held a series of strikes to protest the Government's closure of several smaller bazaars, the introduction of new sanitary restrictions, and higher fees for licenses; however, the strikes were unsuccessful.

 

The law permits unions to form and join federations and to affiliate with international trade union bodies; however, no meaningful affiliation with international trade union bodies has taken place.

 

b. The Right to Organize and Bargain Collectively

 

The law recognizes the right of unions to negotiate for better wages and conditions. Although overall union structure and practice are changing only slowly from those of the Soviet era, there was growing evidence of active union participation in state-owned and privatized enterprises. The Government sets the minimum wage, and then each employer sets its own wage level.

 

The law protects union members from antiunion discrimination, and there were no reports of discrimination against persons because of union activities.

 

There are Free Economic Zones (FEZ's) that are used as export processing zones. The minimum wage law does not apply to the approximately 3,000 workers in ordinary FEZ's.

 

c. Prohibition of Forced or Compulsory Labor

 

The law forbids forced or compulsory labor; however, women were trafficked for the purpose of prostitution (see Section 6.f.). The press also reported that Kyrgyz citizens were forced to work without pay on tobacco farms in Kazakhstan.

 

The law prohibits forced or bonded labor by children; however, girls were trafficked for the purpose of prostitution (see Section 6.f.). In addition schools require children to participate in the tobacco harvest--some fields are located on school grounds--and the income earned goes directly to the schools, not to the children (see Section 6.d.). The Government has undertaken additional initiatives to help protect minors from forced labor; however, since the budget was facing severe funding constraints, many children who were entitled to receive help did not receive it.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The Labor Code provides for the protection of children from economic exploitation and from work that poses a danger to their health, or spiritual, physical, mental, or academic development. The minimum age for employment varies with the type of work, but is no lower than 14. The Labor Code is contradictory in the requirements it sets for the minimum age of employment of youths in work that could harm their physical and moral well being (i.e. employment in casinos, bars, night clubs, etc.). Article 285 states that such work is prohibited for those under age 21; however, Article 319 prohibits such employment for those under age 18. According to the Labor Code, children between ages 14 and 16 are permitted to perform strenuous work with parental consent. However, minors younger than age 18 cannot work in underground conditions. Article 319 sets the maximum daily hours of work for children between ages 14 and 16 at 5 to 7 hours respectively, children under 16 cannot work during night shifts. These laws also apply to children with disabilities who work. During the year, the Government banned the employment of persons under 18 in more than 1,000 categories of employment involving difficult or dangerous conditions, including work in such sectors as the metal or oil and gas industries, mining and prospecting, and machine building.

 

Child labor was a problem and was becoming more widespread both in towns and rural areas. Since many children work for their families or are "self-employed" in such occupations as selling newspapers, carrying handcarts at markets, and selling cigarettes and candy on the streets, it was difficult for the Government to determine whether their work schedules and environment conform to government regulations. Families traditionally are large, and they consider it necessary at times for children to work at an early age to help support the family on the family farm or in the family business.

 

According to reports from various NGO's, child labor is particularly evident in the south. During the fall, classes are cancelled, and children are sent to fields to pick cotton. During the summer, children work during the tobacco harvest and are involved in all steps of production from the actual picking of the leaves to the preparation for shipping. Children also are involved in family enterprises such as shepherding, bread baking, selling products at roadside kiosks, and growing fruits and vegetables.

 

The Prosecutor's Office and the State Labor Inspectorate are responsible for enforcing employers' compliance with the Labor Code laws. The legislative assembly has established a special commission on education, women's affairs, the family, and minors, which oversees the legal protection of the interests of minors whenever new laws are discussed in Parliament. Control of compliance with the labor code is enforced by trade unions; however, given its budget constraints and lack of resources, the Government was unable to enforce the child labor laws adequately. Although those employers caught violating the Labor Code may be charged with disciplinary, financial, administrative, or criminal penalties, the punishment is usually minimal.

 

The law prohibits forced and bonded labor by children; however, girls were trafficked for the purpose of prostitution (see Sections 6.c. and 6.f.) Some tobacco fields are located on school grounds, and schools require children to participate in the harvest. The income earned goes directly to the schools, not to the children.

 

e. Acceptable Conditions of Work

 

The Government mandates the national minimum wage and during the year the legal minimum wage was approximately $2 (100 soms) per month. In practice this wage was insufficient to ensure a decent standard of living for a worker and family. However, industries and employers set the actual minimum-level wages that were paid at $2.40 (120 som). The Federation of Trade Unions is responsible for enforcing all labor laws, including the law on minimum wages, and minimum wage regulations largely were observed. Although, the enforcement of labor laws was nonexistent in the growing underground economy, and market forces help wages in the unofficial sector keep pace with official wage scales.

 

The standard workweek is 41 hours, usually within a 5-day week. For state-owned industries, there is a mandated 24-hour rest period in the workweek.

 

Safety and health conditions in factories were poor. Despite an improvement in economic growth, the previous deterioration in enforcement of existing regulations continued to hamper investment to improve health and safety standards. The State Inspectorate of Labor is responsible for protecting and educating workers as well as informing business owners of their respective rights and responsibilities. The law establishes occupational health and safety standards, as well as enforcement procedures; besides government inspection teams, trade unions are assigned active roles in assuring compliance with these laws, but there is uneven compliance record among businesses. Workers have the legal right to remove themselves from unsafe working conditions; however, in practice refusal to work in situations with relatively high accident rates or associated chronic health problems could result in loss of employment, although only if informal methods of resolution failed.

 

f. Trafficking in Persons

 

The law does not address specifically trafficking in persons and trafficking was a persistent problem. Government officials facilitated, or were complicit in, trafficking.

 

The country was primarily a country of origin and transit for trafficked persons, although there have been a few reports of the country being a destination for women trafficked as prostitutes. According to the IOM, the country has become a country of transit for individuals being trafficked mostly from South Asia, China, and Afghanistan to the West. The exact number of those in transit is unknown. The country was a country of origin for trafficked women and girls, largely to Turkey, Germany, and the United Arab Emirates for the purpose of prostitution. The IOM also reported some instances of the trafficking of children for prostitution and labor. A flourishing sex trade draws girls as young as age 10 from destitute mountain villages. According to the IOM, the sex trade involves trafficking abroad. The extent of this problem is unknown. Observers widely believe that some government authorities may facilitate or otherwise be complicit in trafficking activities. The Bishkek Migration Management Center (an independent NGO), and the State Agency of Migration estimated that between 500 and 5000 persons, mostly poor farmers from the south, also may have been trafficked from Kyrgyzstan to Kazakhstan as forced laborers on tobacco plantations. The Kyrgyz press also carried reports of Kyrgyz forced laborers trafficked to the United States.

 

There is no law specifically prohibiting trafficking in persons; however, other existing laws can be used to prosecute traffickers for crimes such as kidnaping, exploitation, rape, and deprivation of freedom.

 

KYRGYZ REPUBLIC - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

KYRGYZ REPUBLIC - STANDARD WORKWEEK

The standard workweek is 41 hours, usually within a 5-day week. For state-owned industries, there is a mandated 24-hour rest period in the workweek.

 

(Section 6.e. Acceptable Conditions of Work, Kyrgyz Republic – Report of Human Rights Practices, 2001, U.S. Department of State.)