Kyrgyzstan Labor Expert Highlights Illegal Fines, Overtime Violations Amid Rising Worker Awareness

In Kyrgyzstan, the complexities of labor rights are often overlooked, but Eldar Tajibaev is changing that. Through engaging videos that garner millions of views, he demystifies labor laws, making them accessible and even humorous for the average worker. This approach is crucial in a country where, as Tajibaev points out, legal literacy has seen a sharp rise, partly due to government efforts to formalize employment. For instance, the share of informal employment has dropped significantly, a testament to policies like banning cash wages and introducing mandatory employee registries.

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In the last few years, it has sharply increased. This is due to two main factors. First is the state's policy on formalizing labor relations. If in 2023 the share of informal, unofficial employment in the country was 73 percent, today it has been reduced to 50 percent.

However, the fight for fair labor practices is far from over. Tajibaev highlights persistent "chronic" violations, such as employers failing to issue labor contracts, denying paid leave, and underpaying for overtime. The practice of imposing illegal monetary fines, which is explicitly forbidden by the Labor Code, remains a significant concern. Employers also resort to pressuring employees into resigning or face termination, a tactic that undermines workers' rights and job security.

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Such violations include: failure to conclude a labor contract; failure to grant leave; non-payment or late payment of wages; non-payment of night, overtime, and other allowances; overtime work; unjustified fines; illegal deductions and withholding of bonuses as disciplinary measures; keeping double accounts; non-payment of sick leave and failure to grant leave; coercion to resign and pressure; involvement in additional work not specified in the labor contract; discrimination by the employer; illegal suspensions and dismissals.

What makes Tajibaev's work particularly relevant in Kyrgyzstan is the stark contrast between legal provisions and on-the-ground realities. While the law guarantees a minimum of 28 calendar days of paid annual leave, many workers are denied this basic right. The issue of excessive working hours, with employees often working 10-12 hour days without proper compensation for overtime, is another critical point. This situation underscores a broader challenge in Kyrgyzstan: bridging the gap between legislative intent and practical enforcement, ensuring that workers are not only aware of their rights but can also exercise them without fear of reprisal.

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According to the Labor Code, such a punishment for an employee is unacceptable. The law provides only the following penalties: remark, reprimand, severe reprimand, dismissal.