Supreme Court Judge of the Kyrgyz Republic on Innovations in Labor Law and How They Will Affect People

Сергей Гармаш • 29.12.2025, 11:40 • Society

The recent introduction of the updated Labor Code of the Kyrgyz Republic has become an important step towards improving the system of labor relations in the country. In response, the plenum of the Supreme Court has developed a new resolution aimed at ensuring a unified and fair approach to the application of the updated norms. We discussed with Supreme Court Judge Dilbar Kulmatova how previous approaches have changed, what new guarantees workers now have, and why knowledge of labor legislation is becoming important for career growth.

— You began your career as a judge in 1992 at the First May District Court and have held the position of Supreme Court judge since 2003. What significant changes have occurred in the judicial system during this time?

— Yes, indeed, the judicial system has changed significantly over the last few decades. When I first started, the population was smaller, and the volume of cases was also comparably low. Court decisions were written by hand. Today, digitization has covered almost all aspects of work.

With the new Labor Code, employment contracts and work books can now be issued in both electronic and paper formats. The concept of "electronic postal notification" has been introduced, which is now equated to a regular postal notification. This means that an employer can notify an employee about the issuance of a work book in electronic format, and this will be considered official. Thus, the employer is not liable for delays if the employee was notified in a timely manner.

Citizens turn to the courts to resolve a wide variety of disputes, including property, labor, and land disputes, as well as complaints against the actions of authorities.

After the new Labor Code came into force, there was a need to update the Supreme Court plenum's resolution of November 28, 2013, which mainly dealt with issues of reinstatement at work. The new version now covers all aspects of labor disputes between employers and employees.

— What do you consider the most important innovations in the new draft resolution of the plenum?

— The main change is that the new clarifications cover all types of disputes arising in labor relations. While the previous resolution only addressed issues of dismissal, the new one encompasses all aspects of labor disputes, including changes in working conditions, wage recovery, and disciplinary actions.

In paragraph 6 of the new resolution, a list of labor disputes for which an employee can turn to the court is presented. Employees can file claims within three months from the moment they learned of the violation of their rights, and in cases of dismissal — within two months. It is also important to note that appeals to higher authorities do not constitute a valid reason for missing deadlines for filing in court.

Additionally, a three-year statute of limitations has now been established for wage recovery issues, which was previously absent. An employee could approach the court at any time.

The new Labor Code emphasizes the protection of workers' rights, prevention of discrimination and violence. If international norms offer more favorable conditions for workers than local laws, then international rules apply. This is an important step towards improving guarantees of labor rights in accordance with international standards.

— What changes in practice are the most significant?

— There are several key points. First, the jurisdiction of labor disputes is now clearly defined, eliminating previous errors in the application of alternative jurisdiction. Second, the concept of a time frame for appealing to the court regarding individual labor disputes has been introduced, which increases legal certainty.

The mechanism for calculating average wages has also been clarified, taking into account all payments, which increases employers' responsibility for wage delays — now the penalty is 0.25 percent for each day of delay.

— What is personally the most important change for you among all the changes?

— For me, the clarification of the concept of labor relations is particularly significant. The plenum emphasizes that if labor relations actually exist, they can be recognized as such even if formalized as a civil law contract. This prevents the substitution of labor relations with civil law contracts.

I also appreciate the new procedure for calculating average wages, which is now supported by examples, simplifying the work of the courts and making law enforcement more uniform.

— Has attention been paid to the protection of socially vulnerable categories of workers in the new resolution?

— Yes, this is one of the significant merits of the new Labor Code. For the first time, guarantees for pregnant women, mothers with children under three years old, and workers with disabilities have been introduced. For example, in case of staff reduction, preference is given to workers with disabilities if productivity and qualifications are equal.

— Is alternative resolution of labor disputes without going to court provided for?

— Yes, for the first time, the possibility of mediation for resolving labor disputes has been provided. From July 1, 2027, a rule on mandatory pre-trial resolution of labor disputes will come into force, allowing parties to find solutions before going to court.

— Is the procedure for considering labor disputes reflected in the new resolution?

— Yes, the procedure for terminating an employment contract has significantly changed in the Labor Code. Now, an employee must notify the employer one month in advance of their intention to resign, instead of 14 days as it was before. An employee can also withdraw their resignation request, but under certain conditions.

The resolution also clarifies the procedure for the union's actions when considering the employer's request for termination of the contract with the employee. Deadlines and procedures for decision-making and notifying the employee are specified.

It is important to note that in case of non-compliance with the decision of the labor dispute commission, the employee is issued a certificate that can be presented to the bailiff for enforcement.

Moreover, the procedure for terminating the employment contract in case of the employee's conviction is clarified.

— According to the report from the labor legislation control and supervision service, in the first nine months of 2025, workers were compensated 63.1 million soms for damages and 9.6 million soms for unpaid wages. How do you assess these figures?

— Unfortunately, we observe that new managers often seek to replace experienced employees in the shortest possible time without following legal procedures. This concerns me, as behind management decisions are the lives of people and their families.

It is important to understand that the professionalism of a manager is measured not only by their ability to optimize processes but also by their ability to build dialogue and work with the team respectfully and within the law. In modern society, communication and human resource management skills are becoming as important as managerial skills.

Violating workers' labor rights leads to consequences, including compensation for forced absences, which are often covered by the state budget. This threatens not only individual people but also the state as a whole, so compliance with labor legislation is a matter of not only legality but also social responsibility.

An employee who has been unlawfully dismissed or whose rights have been violated has the right to compensation for moral harm, which underscores the seriousness of the consequences for the employer.

— Economists note that GDP per capita in Kyrgyzstan has increased by 85 percent in recent years. How does this reflect on the judicial system?

— Economic growth leads to increased business activity and responsibility in economic and labor relations. The number of citizens turning to the courts is increasing, which indicates a growing trust in the judicial system. This requires judges to continuously improve their professional level, and in recent years, efforts have been made to ensure the independence of judges and enhance the accessibility of justice.

A strong economy and an effective judicial system are interconnected, creating a foundation of trust between society and the state.

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