Employees have been allowed to refuse dangerous work without the risk of being dismissed

Kyrgyzstan has adopted a new Law on Occupational Safety, which expands safeguards for workers’ safety and strengthens their rights in situations where working conditions may pose a threat to their life or health.

Employees may now refuse to carry out work if a breach of health and safety requirements poses a real danger to them. This right remains in force until the employer has eliminated the identified risks.

Furthermore, refusing to carry out dangerous work cannot be grounds for disciplinary action, a warning or dismissal at the employer’s initiative.

If, whilst the threat is being eliminated, the employer is unable to offer the employee alternative work, the period of inactivity must be paid in accordance with labour legislation.

The law also establishes an important rule: the employer is not entitled to require the performance of duties if the employee is not provided with the necessary personal protective equipment. These include workwear and safety footwear, protective helmets, goggles, gloves, respirators, safety harnesses and other equipment necessary for safe working.

The provision of such equipment is the sole responsibility of the employer. The employer is obliged, at their own expense, to issue certified protective equipment in a timely manner, appropriate to the nature of the work performed and safety requirements. Furthermore, the employer must organise their storage, maintenance, repair and timely replacement, as well as provide training on their correct use.

Until the necessary protective equipment is provided, the employee has the right not to commence work involving a risk to life and health. In such a case, their absence from the workplace will not be considered a breach of work discipline.