The NA deputy Zaruhi Batoyan presented the legislative initiative aimed at the necessity of the protection of the working rights of the persons with disabilities, the specification of the legal bases, the inner-state legislation harmonization. According to the author, it stems from the RA Constitution and the obligations of the country assumed by the international treaties.
The RA law on the Rights of Persons with Disabilities, which sets the provision of reasonable adjustments. According to that regulation, on the basis of the application of the person with disabilities in the workplace or in the educational institution or his/her legal representative reasonable adjustment with the employer or the head of the educational institution is carried out through dialogue.
The deputy has noted that in the Labor Code the guarantees, which set mechanisms of providing reasonable adjustments also in case, when the employee was recognized a person with disabilities during the work, lack. Hence, it is suggested to make amendments and addenda to the RA Labor Code and in the guarantees designed for the employees with disabilities that for the decent fulfilment of the working duties or for turning to other work at the same employer the person with disabilities can apply to the employer to receive reasonable adjustments by the established order of the RA legislation. In the obligations of the organizations it is proposed to stipulate availability of the employees’ displacement plan compiled of the needs of the persons with disabilities: this is necessary especially in case of emergency situations.
As the Chair of the Standing Committee on Labor and Social Affairs Heriknaz Tigranyan has assessed, these are main mechanisms, which will provide the exercise of the working rights of the person with disabilities.
“Disability in itself cannot be observed as a basis of resignation from work and the regulation is aimed at the fact of providing one more guarantee and right to apply to the employer for the adjustment of a workplace to a person with disabilities, and the latter accept this as a duty laid on him/her,” she said. As the Committee Chair informed, the draft was debated at the Standing Committee on Labor and Social Affairs and was endorsed, so she called on to vote for it.
The Deputy Minister of Labor and Social Affairs Ruben Sargsyan noted that the Government presented proposals and observations on the first version, on the basis of which the author made appropriate amendments and addenda. According to the Deputy Minister, the bill is intended to expand the rights of the persons with disabilities and to exercise the working rights.