— Dilbar Sabirovna, you began your career as a judge in 1992 at the Pervomaisky District Court and have been a judge of the Supreme Court since 2003. How do you assess the changes in the judicial system during this time?
— Over the years, justice has undergone significant changes. At the beginning of my career, the population was smaller, and the volume of cases considered by the courts was much more modest. Manual document processing was the norm, and judges wrote decisions by hand. Today, digitization has covered almost all processes.
With the introduction of the new version of the Labor Code, employment contracts and work books can be issued in both digital and traditional formats. The concept of "electronic postal notification" has emerged, allowing employers to notify employees about the issuance of work books electronically. Thus, the employer is not liable for delays if the employee was notified in a timely manner.
Citizens often turn to the courts on various issues—from property disputes to labor disputes and complaints against government actions.
After the adoption of the new Labor Code, there arose a need to revise the resolution of the plenum of the Supreme Court dated November 28, 2013, which only addressed reinstatement at work. The new version provided clarifications on all labor disputes between employers and employees.
— What key changes would you highlight in the new plenum resolution?
— One of the most significant innovations is the expansion of clarifications on all types of labor disputes. Unlike the 2013 resolution, which covered only dismissals and reinstatement, the new resolution includes issues regarding transfers to other jobs, changes in working conditions, wage recovery, and disciplinary actions.
Paragraph 6 of the new resolution contains a list of labor disputes for which an employee can appeal to the court. They have the right to file a claim within three months after learning of the violation of their rights, and for dismissal disputes—within two months after being informed of the dismissal order or receiving their work book. It is also important that appeals to government bodies or public associations are not considered a valid reason for missing the deadlines for appealing to the court.
Furthermore, a statute of limitations for wage recovery has now been established—three years from the moment the wage was due to be paid. Previously, such a period did not exist, allowing employees to appeal at any time.
The new version of the Labor Code emphasizes the protection of workers' rights and the prevention of discrimination. If international treaties establish more favorable conditions than local laws, then the norms of international law apply. This is an important step towards strengthening labor rights in accordance with international standards.
— What changes in practice do you consider the most significant?
— There are several key changes. First, the jurisdiction of labor disputes is now clearly defined. Claims for reinstatement are considered at the location of the defendant, which eliminates previous errors with alternative jurisdiction.
Second, the concept of "time frame for appealing to the court regarding an individual labor dispute" has been introduced, which excludes the application of the Civil Code norms regarding statutes of limitations and enhances legal certainty.
Third, the mechanism for calculating average wages has been clarified. The new code establishes a unified procedure for accounting all payments, including bonuses and allowances. The employer's liability for delayed wage payments has also increased—now it is 0.25% for each day of delay.
— What innovation do you consider the most significant?
— The clarification of the concept of labor relations is especially important. The plenum emphasizes that if there are actually labor relations but they are formalized as a civil law contract, the court may recognize them as labor relations. This protects workers from manipulations with the formalization of labor relations.
The updated procedure for calculating average wages is also important, as it is now illustrated with examples, which simplifies the work of the courts and improves law enforcement.
— Is attention paid to 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, single mothers, and people with disabilities are detailed.
In particular, during staff reductions, workers with disabilities will be given preference if they have equal qualifications. This aligns with the principles of social justice and inclusivity.
— Is alternative resolution of labor disputes without going to court provided for?
— Yes, for the first time, it is provided that labor disputes can be resolved through mediation. From July 1, 2027, a norm will come into effect requiring parties to pre-trial dispute resolution in accordance with mediation legislation. This allows parties to find solutions before going to court, reducing the burden on the judicial system.
— What is the procedure for considering labor disputes in the new resolution?
— Changes have also affected the procedure for terminating labor contracts. Now, an employee must notify the employer one month in advance, rather than 14 days as before. The employee also has the right to withdraw their resignation request before the expiration of the notice period, but under certain conditions.
The procedure for fixed-term contracts has been clarified. If it concerns reinstatement under fixed-term contracts concluded for a period of up to one year, the norms regarding the payment of 12 times the average monthly wage do not apply. Courts may recover unpaid wages for the remaining term of the contract.
Clarifications have also been provided regarding the consideration of the employer's request to terminate the contract with a unionized employee. Time frames and procedures for notifying the employee of the decision are specified.
It is important to note that in the event of non-compliance with the decisions of the labor dispute commission, the employee is issued a certificate that can be presented to the bailiff for enforcement.
It has also been clarified that the termination of the contract may be related to the employee's conviction.
— According to the report from the labor law enforcement agency, in the first nine months of 2025, employees were compensated 63.1 million soms and 9.6 million soms in unpaid wages. How do you assess these figures?
— Unfortunately, we observe that new managers, upon taking their positions, strive to quickly replace experienced employees without following the established legal procedures. This raises both professional and human concerns for me as a judge, as behind management decisions are the fates of people and their families.
The professionalism of a leader is determined not only by how well they can optimize processes but also by their ability to engage in dialogue, find compromises, and treat the team with respect. In modern society, the ability to manage human resources is becoming as important as managerial skills.
It is important to remember the consequences of illegal dismissals. Compensation and legal costs are often paid from the budget, which causes harm not only to individual workers but also to the state. Compliance with labor legislation is not only a matter of legality but also of social responsibility.
Moreover, according to the new norm, an unlawfully dismissed employee can claim compensation for moral damage. Judges can now consider such claims, taking into account the principles of fairness.
— Economists note that in recent years, GDP per capita in Kyrgyzstan has increased by 85%. How does this reflect on the judicial system?
— Economic growth affects the development of business activity and responsibility in labor relations. The number of citizens turning to the courts has increased, as well as the variety of disputes they file. This indicates a growing trust of citizens in the judicial system, which is meant to protect their rights.
The judicial system is actively working to enhance its independence and transparency, apply digital technologies, and improve inter-sectoral interaction to achieve effective judicial proceedings. Sustainable economic growth opens new opportunities for strengthening the material and technical base of the courts and increasing access to justice.
Nevertheless, the primary benchmark for judges remains ensuring an objective and lawful consideration of cases, regardless of economic indicators. A strong economy and an effective judicial system complement each other, creating a foundation for citizens' trust in the state.
