Issuing Body: Guozun Cathay Associates Kyrgyzstan Office
Date of Conclusion: 7 January 2025
Key Outcome: The case was resolved entirely through non-litigation negotiation without proceeding to court proceedings. The claimant received the full RMB 430,000 work-related death compensation on the same day the settlement was finalised.
This case has been selected for inclusion in Guozun’s 2025 Typical Case Library for Cross-Border Labour Disputes. Its case-handling model – “closed-loop construction of cross-border evidence chains + precise argumentation of dual-jurisdiction law application + proactive prevention of enforcement risks” – has been widely applied in the resolution of cross-border labour disputes between China and the five Central Asian countries.
The case was jointly handled by the Kyrgyzstan Office of Guozun Cathay Associates and the cross-border labour dispute resolution team at the Beijing Head Office. Strictly abiding by the labour laws of both China and Kyrgyzstan and the Agreement between the People’s Republic of China and the Kyrgyz Republic on Bilateral Labour Cooperation, the team leveraged Guozun’s global service network covering Central Asia and dual-jurisdiction practice qualifications to deliver a full-chain, low-risk cross-border rights protection solution for the family of the deceased Chinese worker.
I. Case Background and Entrustment Process
Mr. Deng, a Chinese national, joined a freight company in Kyrgyzstan in 2023 as a cross-border lorry driver. A lawful de facto employment relationship was established between the parties. He was primarily responsible for cargo transportation between the Irkeshtam Port on the China-Kyrgyzstan border and Osh Region, Kyrgyzstan. On 15 October 2024, while carrying out a transport assignment issued by the company, Mr. Deng lost control of his vehicle and crashed into the road shoulder on a stretch of road by the Ili-Su River. He sustained fatal injuries and died at the scene. The local traffic police department determined the incident to be a single-vehicle traffic accident with no third-party liability.
Following the accident, Ms. Liu, Mr. Deng’s spouse, travelled to Kyrgyzstan immediately to arrange funeral affairs and held five in-person meetings with the overseas employer to discuss work-related death compensation. The employer, arguing that “the accident was caused by the driver’s improper operation” and that “compensation shall be calculated in accordance with the local minimum wage standard in Kyrgyzstan”, offered only RMB 120,000 as humanitarian compensation. The two parties held vastly divergent positions and failed to reach a consensus.
On 26 October 2024, Ms. Liu was referred to the Kyrgyzstan Office through Guozun’s Beijing Head Office. Given the three core challenges of the case – aligning the application of law across Chinese and Kyrgyz jurisdictions, establishing the facts of the overseas work-related death, and enforcing cross-border compensation payments – the Kyrgyzstan Office activated the China-Kyrgyzstan Emergency Collaborative Case Handling Mechanism on the same day. A dedicated case team of five lawyers was formed in conjunction with the Beijing Head Office, comprising two local Kyrgyz labour law practitioners and three head office lawyers selected into the Foreign-Related Lawyer Talent Pool of the Beijing Lawyers Association. The team was granted full authority to represent the claimant in cross-border work-related death compensation negotiations and dispute resolution.
II. Full Process of China-Kyrgyzstan Joint Case Handling
This case adopted the standardised collaborative model whereby “the Beijing Head Office oversees the coordination of rights and interests under Chinese law and provides domestic evidence support, while the Kyrgyzstan Office manages local judicial implementation and conducts in-person engagement with the employer”. Written work records and verifiable deliverables were produced for all stages:
1.26 October 2024 – 31 October 2024: Dual-Jurisdiction Case Risk Assessment
Beijing Head Office: Completed preliminary collation of proof of kinship, Mr. Deng’s domestic identity documentation, and historical wage transfer records. Issued the Assessment Report on Work-Related Death Compensation Entitlements under Chinese Law, clarifying the compensable items and statutory amount range claimable under Chinese law, and confirming the family’s legal standing as the claimant.
Kyrgyzstan Office: Leveraging the enterprise registration inquiry system of the Ministry of Justice of Kyrgyzstan and local property investigation channels, verified the employer’s business registration details, operating qualifications, and asset trails (including 3 operating lorries and 2 corporate bank accounts) within 3 working days, ruling out the risk of employer insolvency or deregistration. Simultaneously, obtained the original Road Traffic Accident Confirmation issued by the local traffic police department.
2.1 November 2024 – 20 November 2024: Evidence Establishment for Work-Related Death Facts and Job Duty Connection
Beijing Head Office: In accordance with the Several Provisions of the Supreme People’s Court on Evidence in Civil Proceedings, conducted hash value verification and timestamp fixation of domestic evidence such as Mr. Deng’s work group chat records, company work assignment text messages, and notarial certificates of family kinship. Completed dual consular authentication by the Ministry of Foreign Affairs of China and the Embassy of the Kyrgyz Republic in China, ensuring the admissibility of evidence in Kyrgyz courts.
Kyrgyzstan Office: Obtained the autopsy report issued by the local forensic authority, the employer’s transport task dispatch notes, and witness statements from the accompanying passenger. Visited the accident scene to verify consistency between the vehicle’s route and the assigned work task, forming a complete evidence chain proving “the accident occurred in the course of performing job duties” and laying the foundation for refuting the employer’s “non-work-related death” defence.
3.21 November 2024 – 5 December 2024: Compensation Amount Calculation and Legal Strategy Formulation
Beijing Head Office: Pursuant to Article 39 of the Regulations on Work-Related Injury Insurance, accurately calculated the statutory amounts for funeral subsidy, bereavement allowance for dependent relatives, and lump-sum work-related death subsidy. Combined with the provision in the China-Kyrgyzstan bilateral labour agreement that “Chinese workers shall be guaranteed labour rights and interests not lower than those under their domestic law”, issued the Detailed Compensation Amount and Legal Basis Statement.
Kyrgyzstan Office: Compared work-related death compensation calculation standards under the Labour Code of Kyrgyzstan and analysed the advantages and disadvantages of three legal frameworks: application of Chinese law, application of Kyrgyz law, and application of the bilateral agreement. Finalised a compensation claim strategy centred on the bilateral agreement and supplemented by Chinese law, and concurrently drafted a full set of backup litigation documents for Kyrgyz courts.
4.6 December 2024 – 6 January 2025: Multiple Rounds of Cross-Border Negotiations and Settlement Facilitation
The China-Kyrgyzstan legal team jointly drafted a formal bilingual lawyer’s letter, explicitly citing Article 43 of the Law of the People’s Republic of China on the Application of Law in Foreign-Related Civil Relations, Article 236 of the Labour Code of Kyrgyzstan, and relevant provisions of the China-Kyrgyzstan bilateral labour agreement. The letter detailed the employer’s statutory compensation liability, as well as the legal consequences of non-compliance, including “labour arbitration in Kyrgyzstan + recognition and enforcement by Chinese courts + enterprise credit sanctions”. The Kyrgyzstan Office held four rounds of in-person negotiations with the employer’s responsible person, while Beijing Head Office lawyers participated remotely throughout and provided real-time legal support. In response to the employer’s defences such as “compensation based on local standards” and “liability should be mitigated due to the driver’s fault”, the case team presented evidence point by point to refute each argument, gradually narrowing the gap between the two parties.
5.7 January 2025: Settlement Agreement Signing and Compensation Disbursement
The two parties formally signed a written settlement agreement, which explicitly stipulated that the employer shall pay the full RMB 430,000 work-related death compensation in a lump sum on the same day, and agreed upon liability for late payment and cross-border dispute resolution mechanisms. The Kyrgyzstan Office supervised the entire cross-border payment process and confirmed that Ms. Liu, the claimant, received the full amount on the day of signing. Subsequently, the joint case team delivered the Case Closure Report and the Guide to Labour Rights Protection for Chinese Citizens Employed in Central Asia to the claimant, providing targeted recommendations on overseas employment risk management.
III. Core Case Handling Difficulties and Authoritative Solutions
The challenges encountered in this case represent common issues in work-related death disputes involving Chinese citizens employed in Central Asian countries. Drawing on dual-jurisdiction professional expertise and in-depth regional experience, the Guozun joint team has developed a replicable, standardised resolution framework:
1.Alignment of Law Application and Jurisdictional Rules for Cross-Border Employment Relationships
Professional Basis: Article 43 of the Law of the People’s Republic of China on the Application of Law in Foreign-Related Civil Relations; Article 12 of the Labour Code of Kyrgyzstan; Article 5 of the Agreement between the People’s Republic of China and the Kyrgyz Republic on Bilateral Labour Cooperation
Solution: Based on connecting factors including the worker’s place of work, the employer’s principal place of business, and the accident location, compare compensation standard differences between the two jurisdictions and select the legal framework most favourable to protecting the worker’s family. Clarify that if negotiations break down, both Kyrgyz labour arbitration and Chinese court litigation may be initiated simultaneously, with cross-border recognition and enforcement of judgments achievable through bilateral judicial assistance treaties.
2.Determination of Overseas Work-Related Death Facts and Job Duty Connection
Professional Basis: Article 14 of the Regulations on Work-Related Injury Insurance; Article 236 of the Labour Code of Kyrgyzstan
Solution: Adopt a three-tier evidence fixation model of “notarisation and authentication of domestic evidence + retrieval of overseas official evidence + corroboration by third-party witness testimony”, comprehensively covering key links such as employment relationship establishment, work task assignment, and accident occurrence. This forms a closed-loop evidence chain and effectively neutralises the employer’s exemption defences.
3.Resolution of Disputes over Cross-Border Work-Related Death Compensation Standards
Professional Basis: Article 7 of the Agreement between the People’s Republic of China and the Kyrgyz Republic on Bilateral Labour Cooperation; Article 39 of the Regulations on Work-Related Injury Insurance; Article 241 of the Labour Code of Kyrgyzstan
Solution: Take as the core basis the bilateral agreement provision that “Chinese workers employed in Kyrgyzstan shall enjoy labour protection no less favourable than that of local workers, and shall not fall below the minimum standard prescribed by Chinese law”. Combined with the specific circumstances of the case, demonstrate the legality of applying a higher compensation standard and persuade the opposing party to accept a reasonable amount through quantitative comparison and legal reasoning.
4.Precise Identification of Liability for Cross-Border Employing Entities
Professional Basis: Article 2 of the Labour Contract Law of the People’s Republic of China; Article 16 of the Labour Code of Kyrgyzstan
Solution: Collate facts across the full employment lifecycle – from relationship establishment and workforce management to work assignment and wage payment – to clarify the full liability of the Kyrgyz freight company as the sole employment counterparty. This effectively prevents the employer from shifting liability through affiliated companies or labour subcontracting arrangements.
5.Prevention of Enforcement Risks for Cross-Border Compensation
Professional Basis: Foreign-related provisions of the Civil Procedure Law of the People’s Republic of China; Article 389 of the Civil Procedure Code of the Kyrgyz Republic; Treaty between the People’s Republic of China and the Kyrgyz Republic on Judicial Assistance in Civil and Commercial Matters
Solution: Include a full upfront payment condition in the settlement agreement, specifying the payment account, timeline, and liquidated damages calculation for late payment. Simultaneously, prepare in advance for property preservation against the employer’s assets. The Kyrgyzstan Office follows up the payment process end-to-end to ensure timely and full receipt of compensation, completely eliminating post-settlement enforcement risks.
IV. Authoritative Legal Bases Applicable to This Case
(A) Chinese Law
1.Article 43 of the Law of the People’s Republic of China on the Application of Law in Foreign-Related Civil Relations: A labour contract shall be governed by the law of the place where the worker works; where the place of work is difficult to determine, the law of the employer’s principal place of business shall apply. For labour dispatch, the law of the place of dispatch may apply.
2.Article 14 of the Regulations on Work-Related Injury Insurance: An employee who suffers accidental injury at work during working hours and in the workplace due to work reasons shall be recognised as having sustained a work-related injury; an employee who suffers injury or goes missing due to work reasons during a business trip shall be recognised as having sustained a work-related injury.
3.Article 39 of the Regulations on Work-Related Injury Insurance: Where an employee dies from a work-related cause, his close relatives shall receive funeral subsidy, bereavement allowance for dependent relatives, and lump-sum work-related death subsidy from the work-related injury insurance fund in accordance with the provisions.
4.Article 31 of the People’s Mediation Law of the People’s Republic of China: A mediation agreement reached through mediation by a people’s mediation committee shall be legally binding, and the parties shall perform it in accordance with the agreement.
(B) Kyrgyz Law
1.Article 12 of the Labour Code of Kyrgyzstan: An employment relationship shall be governed by the law of the place where the worker works. Where the worker is a foreign national, provisions of the law of his country of nationality that are more favourable to the protection of the worker’s rights and interests may apply.
2.Article 236 of the Labour Code of Kyrgyzstan: Where an employee dies as a result of an accident occurring in the course of performing work tasks, the employer shall bear liability for work-related injury compensation.
3.Article 241 of the Labour Code of Kyrgyzstan: Work-related death compensation includes funeral subsidy, bereavement allowance for dependent relatives, and lump-sum work-related death subsidy, the specific standards of which shall be announced annually by the government.
(C) Bilateral Agreement
Articles 5 and 7 of the Agreement between the People’s Republic of China and the Kyrgyz Republic on Bilateral Labour Cooperation: Workers of one Contracting Party employed in the territory of the other Contracting Party shall enjoy labour protection treatment equal to that of local workers; the employer shall pay work-related injury compensation to workers in accordance with standards not lower than those prescribed by the law of the worker’s country of nationality.
V. Authoritative Practical Recommendations Based on Case Experience
Drawing on years of cross-border legal service experience in Central Asia from Guozun’s Kyrgyzstan Office, the following three authoritative recommendations are put forward for protecting the labour rights and interests of Chinese citizens employed in Kyrgyzstan and the five Central Asian countries:
1.Pre-emptive Employment Compliance: Before departing overseas, ensure a written employment contract is signed with the foreign employer, clearly stipulating job duties, labour remuneration, working hours, work-related injury compensation standards, governing law, and dispute resolution mechanisms. Priority should be given to agreeing on the application of Chinese law or the China-Kyrgyzstan bilateral agreement, to avoid lacking legal basis for rights protection due to oral arrangements.
2.Standardised Evidence Retention: Properly preserve materials such as employment contracts, work assignment records, wage payment vouchers, attendance records, and entry-exit documentation. Regularly back up electronic versions and complete notarisation formalities. In the event of an accident, report to the police immediately, preserve on-site evidence, and timely obtain official documents such as accident confirmation and autopsy reports issued by local authorities.
3.Timely and Effective Rights Protection: In the event of a cross-border labour dispute, engage a legal team with dual-jurisdiction service capacity in China and Kyrgyzstan within one month, to avoid prejudice to lawful rights and interests caused by evidence loss, asset transfer by the employer, or expiration of the limitation period for litigation.