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Non-Labor Code
Publication date: 
2010-02-17

The fact that the rules of outdated Soviet legislation, which we got together with the independence has to be changed, I recently witnessed myself. Imagine an employee who for seven years is registered in our office, but have actually worked for two years the longest. But even in this period actually she did nothing. Division’s task, in which she was listed, before the abolition was to review inventions for the possibility of presence of a state secret. For 20 years, by the way, in Kyrgyzstan, such a precedent has not been recorded. Thus, the employee simply did nothing.

Our Labor Code makes it possible not to work, while being staff member, and even be paid for it, meanwhile years of work experience are dripping. You think it is unreal? It turned out to be easy. You are a woman, and quite naturally, sooner or later acquire offspring, that is, go for maternity leave. At it you are staying up to three years after that you are obliged to go to work. But here, you can easily wriggle out of business - enough to secure a medical certificate, with those our co-worker for seven years literally flunked the human resources department. So it has become a tradition - three or four months, as I suspect, imaginary illness, then three weeks of sitting in the office, after the new illness. And there regular paid holidays is coming! And after holiday ends back to maternity leave …

No, I’m not against having children, but as a manager I see the inefficiency of the employee. And the LC doesn’t not even provide me with the opportunity to dismiss the person - as if all her actions are legitimate and there is no reason to return to the employee her work record. I explained to the woman that the benefits of her “activity” for the agency for many years are zero. She seemed to agree to write a statement on her own, but then she made a scandal in HR department threatening with court, and … the next day once again she brought medical certificate.

It is easy to calculate how much annual leave and other entitlements the woman had received over the years - the amount, I assure, will be considerable.

In the West, labor laws were optimized long time now – they are for the most effective use of human resources. And the manager has opportunity to point to the door an employee who does not want to do anything and even doesn’t hide it. But there is no chance to speculate on legislative deficiencies. We have this relic of the past that becomes the scourge for the employer - to dismiss lazy sometimes there is no possibility.

There are a lot of similar examples, such people are more listed (but do not work!) in public and commercial bodies. But nothing can be done with them. They get money for vacation or illness, realizing that pensions are guaranteed. Living at the expense the mother company first, then the social benefits and while not working - it is easily. But this leads to the lost of the effectiveness of institutions and enterprises, falling profits, productivity disappears.

It is time for lawmakers to review the rules of the LC, or otherwise dependency threatens to invade the larger masses of people that will inevitably have impact on the economy. And the reforms of all sizes - from small offices to the state bodies - could result in failure. Any businessman knows: there should be no extra bolts in the corporate machine, they only interfere with its normal movement. But each node mechanism must be as loaded, so there is no additional costs and staff is optimal. Only then will the work be bring maximum benefit and return will match required one.

Ulan Melisbek
Director
The State Intellectual Property Service