Boris Kharatyan: “Leaving regulation of work relations up to the parties to come to an agreement can lead to abuses”

WomenNet.am speaks with Deputy Chairman of the Confederation of Trade Unions of Armenia, Boris Kharatyan, on the draft amendments to the Labor Code.

• What is the position of the Union on the draft amendments to the Labor Code?

• The Confederation of Trade Unions of Armenia has presented a number of observations and recommendations on the proposed amendments to the Labor Code. List them some of them. In the event of a change in the working conditions of the employee under the small business ownership, the relationships with the employer may be regulated by the agreement of the parties and fixed in the employment contract. Whereas, in our opinion, leaving the settlement of the relations to the parties to the agreement can be a cause of abuses.

The next change relates to the duration of the working time: the duration of one shift may not be less than or more than 24 hours. We find that the prohibition on setting the shift duration less than 24 hours is practically inappropriate, as often there is a need to perform shift work for less than 24 hours, which does not stem from the employer’s interest. The proposed amendments state that the possibility of performing overtime work is reserved for the parties’ consent, whereas the provisions of the relevant article of the RA Labor Code have been repealed with the amendments made in 2010.

The proposed amendments suggest that the amount of additives for heavy, harmful, particularly severe and particularly harmful work f is unacceptable to the CTUA, as well as the amount of additives other than the hourly rate for each hour of night work, as the work done under these conditions is not accompanied by necessary insurance measures that will ensure the safety of workers at risk and, as long as these risks are The minimal amount of a lounge is not legislated.

• The unions have repeatedly raised the issue of salary indexation as stipulated in Article 182 of the Labor Code of the Republic of Armenia and the fact that the legislative field confirming the indexing procedure is absent so far. Whereas the draft recommends the above-mentioned article to be revoked. What is the position of the CTUA on this issue?

• According to the CTUA, the proposal to abolish Article 182 of the RA Labor Code in conditions of inflation, dram devaluation, purchasing power of the minimum wage, as well as salary indexing in case of poverty of 30% of the population, is inexpedient.

     Otherwise, it can be assumed that the state avoids the proposed changes, the role of regulation of the situation in the labor relations and labor remuneration. Meanwhile, being a social state, the Republic of Armenia is obliged to define and ensure the legislative guarantees for enhancing people’s social protection and welfare.

Full text in Armenian