Release:
2019, Vol. 5. №1About the author:
Kubanychbek S. Ramankulov, Cand. Sci. (Jur.), Professor, Head of Department of Civil, Labor and Environmental Law, Legal Faculty, Kyrgyz National University named after Balasagyn (Bishkek, Kyrgyzstan); ramaks65knu@mail.ruAbstract:
This article discusses the problems of reform of labor legislation of the Kyrgyz Republic (KR), as well as a number of proposals for the transformation of legal institutions and norms of this branch of legislation initiated by the Ministry of Еconomy of the KR, taking into account their compliance with international labor standards. One of the main problems in reforming relations in the labor sphere in the KR is associated with uncoordinated and highly unstable government participation in these relations, most often focused on deregulation of the labor sphere and the institutional weakness of the social partners. In particular, from the point of view of international norms, the author identifies the need to form a national system of occupational safety and health, which is stipulated by the paragraph 2 of the аrticle 2 of ILO Convention No 187, ratified by the KR.
The results show the inconsistency of some initiatives in the field of labor law proposed by the Ministry of Еconomy. The procedures for terminating an employment contract have been substantially simplified, and the procedures for hiring and terminating an employment contract, contrary to the allegations noted in the program of the Ministry of еconomy (Decree of the Government of the KR of 18 March 2015 No 129), do not imply any material benefits, since they are free.
The author concludes that the current situation with the widespread use of fixed-term labor contracts (especially temporary ones) does not contribute to the implementation by employers of the necessary qualified staffing for production, planning, and investing in long-term business development.
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