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21.03.2023
Issue Debated at NA Sitting: It is Proposed to Edit 122 of 266 Articles of Labor Code
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The draft development works started in 2019. It is proposed to edit 122 out of 266 articles of the Labor Code: the RA Deputy Minister of Labor and Social Affairs Ruben Sargsyan said at the NA regular sitting during the debate of the legislative package designing amendments and addenda to the Labor Code and enclosed laws on March 21. The Deputy Minister informed that the employee who takes care of a child under two years of age will be given 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.

Ruben Sargsyan also highlighted the amendment that refers to the dismissal of citizens on the basis of reaching retirement age. According to him, it is proposed not to have such a basis in the Code. According to Ruben Sargsyan, the envisaged amendments will enable employers to sign an indefinite contract with employees of retirement age.

Ruben Sargsyan also introduced the articles regarding the right to rest. According to 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 work leave at his/her discretion. The regulations also provide an opportunity to give the employee a work leave for up to six months with consent of the parties.

The Deputy Minister also touched upon the provision of the study leave, mentioning that the employee will be given the opportunity to take a study leave with consent of the employer maintaining the workplace, but not for more than two years, in order to study, train, and increase the level of professional skills in a foreign educational institution.

Two new regulations are also planned on the basis of losing trust, non-observance of labor safety rules and regarding information technology risks.

According to Ruben Sargsyan, the amendments referred to the return mechanism paid with advances. The new draft designs an opportunity for the employer to charge back the money he paid as an advance.

“Clarifications are also envisaged regarding the specific points stipulated in the employment contract: workplace, duration of work time, methods of notification,” the Deputy Minister informed.

According to the new draft, it is designed to sign an employment contract via electronic means.

The deputy of the Armenia Faction Gegham Nazaryan inquired whether the issue of working at weekends is regulated by the Labor Code.

In response, Ruben Sargsyan informed that according to the regulations, there are clear definitions of how long the weekly working hours can last. He added that if a problem arises, the employee has the opportunity to apply to the RA Health and Labor Inspection Body.

The deputy of the same Faction Tadevos Avetisyan was concerned that if the Labor Code prohibits age discrimination in the private sector, then the state, as an employer, has many restrictions for civil servants, judges, and prosecutors by many laws. How is this part regulated?

Elaborating on the situation, the Deputy Minister informed that the restrictions for employees in other sectors are still in effect. He noted that in the near future, the regulations of the employees of both the public sector and other sectors will be debated and revised in order to define amendments.

The deputy of the Civil Contract Faction Sona Ghazaryan inquired about cooperation with inspection bodies in order to be consistent, in particular, to exclude age discrimination in the case of employment in the state bodies. She was also concerned about the frequently encountered job advertisements, where the desired age is indicated by the employer.

“Consistency should also be mutual from the viewpoint of the employee and the employer. The Labor Code provides of the most favorable conditions, so that both sides get more results than in case of violation,” Ruben Sargsyan said.

Ruben Sargsyan responded to the concern of the deputy of the Civil Contract Faction Arusyak Julhakyan whether the amendment regarding the retirement age will not cause problems for young people entering the labor market: “Judging by the statistics, there will be no problems having population growth predictions.”

He also added that it is envisaged to implement many programmes that will enable young people to gain experience during education period and then find a job.

The co-rapporteur, the Chair of the NA Standing Committee on Labor and Social Affairs Heriknaz Tigranyan stated that the necessity of passing the draft is due to the problems arising in law enforcement practice.

She urged her colleagues to vote for the draft.




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