It is proposed to edit 122 of 266 Articles of the Labor Code. The revision of the draft started in 2019. During this period, public hearings and debates were organized, the opinions of different target groups were taken into consideration, and there was close cooperation with the NA Head Committee. The RA Deputy Minister of Labor and Social Affairs Ruben Sargsyan stated this while presenting the amendments and addenda to the Labor and Tax Codes and to the Law on Individual Accounting of Income Tax, Profit Tax and Social Payment at the sitting of the NA Standing Committee on Labor and Social Affairs.
Introducing the main amendments, the Deputy Minister informed that it will be possible to give the employee who takes care of a child up to two years of age the right to reduce her working hours. According to the current regulation, women taking care of a child up to one and a half years old are given the opportunity to take a break for at least thirty minutes every three hours. It is proposed to make this period up to two years. The employee will be given the opportunity to manage the hours.
With the new amendments, retirement age cannot be a basis for dismissal. According to Ruben Sargsyan, employers regularly signed indefinite contracts with employees of retirement age, which was an additional loading for both the employer and the employee.
The next regulation is about social guarantees. In case of a reduction in the number of employees or positions, in case of termination of employment contracts, the right of preference to stay at work will be given to ex-servicemen entitled to a disability pension, as well as to a family member of an ex-serviceman getting a disability pension with a severe degree of functional limitation or a deceased, missing or declared dead serviceman.
Amendments are also proposed in the articles regarding the right to rest. Under the new regulation, if the employee does not apply for leave for 2.5 years in a row, the employer has the right to send him on leave at his discretion.
The cases of providing study leave have been specified.
The next step is to give the employer the opportunity to return the money provided as an advance: at the moment the employer does not have such an opportunity.
The Deputy Minister informed that it is planned to introduce the internship institute. Limitations of internship have been defined: the duration is up to two months, and the employer can have the same person as an intern only once.
Accepting the circumstance of workable pensioners, Aghvan Vardanyan opined that, nevertheless, there should be some age limit, because there is a problem of giving opportunities to young people. Lilit Stepanyan also raised this issue, noting that the problem is not only the solution of the employment contract due to the retirement age, but the quality and efficiency coefficient of work. Mariam Poghosyan expressed her support for the elimination of age discrimination. Zaruhi Batoyan highlighted the importance of improving the article regarding the prohibition of violence or sexual harassment, and mentioned that in the near future they will present proposals in this regard.
The Deputy Minister Ruben Sargsyan clarified that there is no problem regarding the entry of young people into the labor market, the demand in the labor market is high. According to him, a discriminatory approach is taken in case of dismissing a person on the grounds of age. The current legislation has an appropriate toolset, by which the employer can dismiss the employee if there are established grounds.
By the assessment of the Committee Chair Heriknaz Tigranyan, the terms of the Labor Contract are simplified, the internship institution is introduced, the employer and the employee are given flexibility in regulating labor relations. She noted that the initiative aims to fill the gaps in law enforcement practice. Heriknaz Tigranyan mentioned that during the first to the second reading, the proposals will be taken into account and the draft will be revised.
The issue was endorsed by the Committee.