With the deepening of globalization, when enterprises expand their business in multiple countries, cross-border labor compliance has become one of the most complex and severe challenges. To help enterprises systematically address this issue, we have collaborated with top labor lawyers from over 50 major jurisdictions worldwide (all recommended by Chambers, The Legal 500, or equivalent institutions) to jointly compile a Chinese-English labor & employment compliance guide exceeding 1 million words, and we will continuously update relevant key points.

This article publishes the key points of labor & employment compliance by September 2025 in Kyrgyzstan. 

01 Overview of the Labor Law System

1.Legal System

Kyrgyzstan operates under a civil law system.

2.Resources and Agencies

The key statute regulating labor and employment matters is the Labor Code of the Kyrgyz Republic, as well as other laws, decrees of the President of the Kyrgyz Republic, resolutions of the Cabinet of Ministers of the Kyrgyz Republic, acts of local government bodies, local regulations containing labor law standards and internal company’s policies.

02 Employment Qualifications and Classification

1.Employment Age

The minimum age for employment is 16. A 14 years individual or older may be employed with the permission of a parent or guardian for light work that does not harm their health or development.

2.Qualifications for Foreign Employers

To hire locally, a foreign business must establish a permanent presence in the Kyrgyz Republic, such as a representative office, branch, or subsidiary. An entity or entrepreneurs activity is subject to registration within the relevant state authorities, including tax and social security agencies.

3.Classification of Employment

The Labor Code of the Kyrgyz Republic provides for various types of employment relationships, including:

• Employee;

• Fixed-term contract;

• Non-fixed-term contract;

• Part-time employment;

• Remote work.

4.Foreign Workers

Foreign workers are generally entitled to the same labor and social security rights and obligations as domestic workers, with the exception of certain positions and limitations specified by law.

03 Recruitment and Employment Contracts

1.Background Examination

Background checks on applicants are permissible but are subject to data protection laws and the candidate’s consent. Persons under 18 years of age, as well as other persons in cases stipulated by law, are subject to mandatory preliminary medical examination when concluding an employment contract.

2.Contract Types

The main types of employment contracts are fixed-term and non-fixed-term (indefinite). A written employment contract is mandatory and must specify the terms and conditions of employment, including the position, working conditions, and compensation. Failure to sign a written employment contract can result in penalties for the employer.

3.Probationary Period

In Kyrgyzstan, the maximum probationary period permitted by law is three months. For management positions, it can be up to six months.

04 Working Standards

1.Remuneration

The typical remuneration structure in Kyrgyzstan is a fixed monthly salary, but can also be on a time basis, piecework basis or other remuneration systems. The minimum wage is set by the government, but it is a basic rate for unskilled labor and does not include bonuses or other incentive payments.

2.Statutory Benefits and Social Security

Statutory benefits and social security include social insurance contributions for pensions, medical insurance, and other social funds. These contributions are mandatory for both employers and employees.

3.Working Hours

The statutory normal working week is 40 hours for a full-time employee and 20 hours for part-time workers. There are restrictions and limitations on working hours, including a ban on heavy and harmful work for pregnant and lactating women, or limitations regarding shift works.

4.Rest and Leave

Employees are entitled to a weekly rest period. Main statutory leaves include:

• Paid annual leave;

• Public holidays;

• Sick leave;

• Maternity leave;

• Leave to care for minors;

• Daily rest and breaks during the day.

05 Occupational Health and Special Protection

1.Occupational Health and Security

Employers must adhere to minimum occupational health and security requirements. In case of work-related injuries or deaths, the employer is responsible for investigating the incident and providing compensation as stipulated by law and social insurance regulations.

2.Special Protection

Special protections are applied to vulnerable groups, including women, minors, and persons with disabilities. For example, there are prohibitions on employing pregnant women and nursing mothers in hazardous jobs.

06 Personal Information and Privacy

1.General Rules

Legislation exists to protect employee privacy and personal data. Employers have obligations to obtain employee consent for the collection and processing of their personal data and to provide privacy notices.

2.Transnational Transfer

The transnational transfer of employees’ personal information is subject to specific requirements, including ensuring adequate data protection in the destination country.

07 Anti-Discrimination and Anti-Harassment

1.General Rules

The Labor Code prohibits discrimination and harassment in employment. Employers have obligations to prevent and address such issues and can be held liable for violations.

2.Protective Characters

Protective characteristics under anti-discrimination rules include race, sex, age, religion, political beliefs, national origin, and disability.

08 Internal Policies

1.Applicability

It is a regular practice for employers to manage workers through internal policies, which are considered internal normative acts that set labor law norms. These policies apply to all employees who have an employment contract with the employer, regardless of the employer’s business form or ownership pattern.

2.Validity

The validity of internal policies can be subject to the approval or consent of trade unions or employee representatives, especially if they affect the terms and conditions of employment. The Labor Code of the Kyrgyz Republic requires that employers take into account the opinion of the representative body of employees when adopting local normative acts (internal employment regulations) containing labor law norms.

3.Whistleblowing

Kyrgyzstan has specific legislation on whistleblowing, particularly the Law of the Kyrgyz Republic “On the Protection of Persons Reporting Corruption Offenses.” This law provides protection for individuals who report corruption-related offenses.

09 Transactions

1.Employment Relationship

The employment contract of an employee, including their position, remuneration, and contract term, must continue to be performed after change of the ownership, except of the head of the organization and its deputies, chief accountant.

2.Compensation

The Labor Code of the Kyrgyz Republic requires severance pay for employees who are laid off due to company liquidation or a reduction in staff. The amount of severance pay is typically calculated as no less than two months’ average wages.

10 Termination of Employment

1.Termination Grounds

Employment can be terminated on grounds provided in the Labor Code. The list of grounds is exhausted. In case of termination of the employment on the initiative of the employer, the latter shall provide a cause. Employer shall support the cause by written documents and follow the procedure and requirements provided in the Labor Code.

2.Termination Procedure

Depending on the grounds for termination at the employer’s initiative, different notice periods apply. In case of termination due to company’s liquidation or staff reduction, employer must send written notice, signed for acknowledgment by the employee, at least one month in advance.

3.Termination Protection

Employees are protected from dismissal under certain circumstances, such as:

• periods of temporary incapacity;

• annual leave;

• pregnancy;

• employee has dependent children;

• other cases, specified in Labor Code.

4.Severance and Compensation

Upon termination, an employee is entitled to three types of payments: severance pay, continued salary, and compensation for unused annual leave, as well as any other payments agreed upon by the parties.

Severance pay may be equivalent to the employee’s average monthly salary, or at least two months’ average salary in cases of company liquidation or staff reduction.

5.Wrongful Termination

Liabilities for wrongful termination can include reinstatement of the employee and payment of back wages. The following remedies are provided in cases of unlawful dismissal:

• Reinstatement to the previous position;

• Payment of average earnings for the period of suspension;

• Amendment of the stated reason for dismissal;

• Compensation for moral damages;

• If reinstatement is impossible, the court imposes on the employer the obligation to pay the employee material compensation in an amount not less than 12 times the average monthly salary.

6.Mass termination and Layoffs

Mass layoffs are defined as the reduction of at least 25 % (percent) of employees in organizations with up to 50 employees and at least 15% (percent) in organizations with more than 50 employees over the course of 2 consecutive months.

11 Confidentiality, Non-Compete, and Non-Solicitation

1.Confidentiality

It is a common practice to include confidentiality clauses in employment agreements in Kyrgyzstan. These clauses require employees to protect the employer's confidential information and trade secrets both during and after their employment. The scope and duration of the confidentiality obligation should be clearly defined in the agreement.

2.Non-Compete and Non-Solicitation

Attempts to enforce such agreements may face negative judicial assessment and be deemed invalid.

A clause prohibiting the hiring of employees under a non-solicitation agreement also limits the labor rights of those employees, restricting their ability to seek employment.

12 Work Representation and Trade Unions

1.Work Representation

Legislation allows for the establishment of employee representatives in the workplace, such as trade unions or other representative bodies. Their roles include protecting the rights and interests of employees and participating in collective bargaining.

2.Trade Unions

The main form of trade unions in Kyrgyzstan is based on public associations of citizens. Trade unions have rights to collective agreements, representation of workers' interests, and participation in the resolution of labor disputes. They also oversee the implementation of labor legislation.

13 Dispute Resolution

1.Procedures & Enforcement

The general procedure for resolving labor disputes in Kyrgyzstan can be through several formal channels, with the primary judicial body being the general court system. For individual labor disputes, employees can file a claim with a district court. The process involves filing the claim, submitting evidence, and attending court hearings.

2.Waiver & Enforcement

An employee cannot agree to waive statutory and contractual rights to potential employment claims. The Labor Code of the Kyrgyz Republic is designed to safeguard the rights of workers, and any provision in an employment contract that attempts to waive or diminish a worker’s rights as established by the law would likely be considered invalid.

14 Others

1.Latest Development & Trends

A new Labor Code has recently come into force in Kyrgyzstan from 23 January 2025, introducing several key changes and trends. Some of the notable developments include:

• Digitalization and Flexible Work;

• Worker Protections;

• Streamlined Processes;

• Legislative Changes;

• The limit of 20% of foreign employees in one company has been removed.

2.Cultural and Religious Considerations

When investing in Kyrgyzstan, international investors should be mindful of the country’s cultural and religious landscape.

* To avoid ambiguity, this article should not be regarded as legal advice.

Authors

Elvira Maratova is a highly accomplished Partner at GRATA International. Her practice extends across both Kyrgyzstan and Tajikistan, with a particular focus on leading the firm’s Telecommunication, Media, and IT sector.

Translator

Jin Dongjie, Master of Laws, associate at Anli Partners. Area of expertise: Labor Law, ESG Compliance, Dispute Resolution.