Nune Davtyan (name changed), who has a third-degree disability, worked for about 12 years as a data collection specialist in one of the organizations, after which she suddenly learned that she was fired. According to her, no justifications were given, they just said that jobs were reduced.

“Later I found out that only I was fired, but they didn’t have the right to do so, because I have a disability, so firing me was considered a violation of the rights of disabled people,” Nune tells WomenNet.am.

According to the RA Labor Code:

in the case of reduction of the number of employees or wages, in case of equal productivity of work and the same qualifications, disabled workers have the advantage of staying at work.

According to Nune, she never imagined that after working for so many years, she could be fired. Nune says that at first, she asked the management not to release her, then she warned that he would complain.

“They didn’t take that into account, maybe they didn’t think that I would really complain, but when the release order came, I complained. Then I spoke with a lawyer and the process of protecting my rights began.”

Nune says that she was very surprised, because she had never had problems at work, and it was the first time that her rights were violated, and in this way.

According to Article 3.1 of the RA Labor Code:

employment law prohibits discrimination. Discrimination is considered any direct or indirect distinction, exclusion or restriction due to disability, age or other circumstances of a personal or social nature, the purpose or result of which is the origin and (or) change and (or) termination of collective and (or) individual employment relationships. the manifestation of less favorable treatment or the prohibition or denial of the recognition and/or exercise of any right established by labor legislation on an equal basis with others, except in cases where such distinction, exclusion or limitation is objectively justified by the legal goal pursued, and the means used to achieve that goal are proportionate are and necessary.

According to Davit Asatryan, Nune was fired due to the expiry of the employment contract.

The specialist also notes that every year Nune’s employment contract was extended for a period of one year, and this indicates that Nune performed her duties conscientiously and properly, was competent and did not violate the internal disciplinary rules of the employer.

According to the lawyer, Nune also did not receive a proper notification about the termination of her employment contract, whereas the employee should have been notified at least 10 days before the termination of the contract concluded for a certain period. Thus, part 2 of Article 111 of the Labor Code was also violated.

Thus, in order to protect the interests of his client, the lawyer filed a lawsuit in court, sent complaints to the RA government, and also to the body where Nune worked. Then, as a result of meetings, discussions and negotiations, the parties reached an agreement and the case ended with reconciliation.

Why are the rights of people with disabilities often violated in the workplace?

According to lawyer Davit Asatryan, one of the reasons why the rights of people with disabilities are often violated in the workplace is that they are vulnerable persons, and in a certain legal sense weaker in terms of the legal consequences of these violations. It is difficult for people with disabilities to find a job, and in the place of work they are very vulnerable when the employer takes any illegal action or intervention. According to him, in such cases, people with disabilities are more inclined to accept the employer’s move than to complain, because finding a new job can be problematic for them.

“In Armenia, labor problems and disputes do not reach the court in most cases”.

The definition of discrimination based on disability is given by Article 2 of the UN Convention on the Rights of Persons with Disabilities ratified by Armenia, according to which:

“Discrimination on the basis of disability” means any distinction, exclusion or limitation due to disability, the purpose of which is to limit or minimize the recognition, application or enjoyment of human rights and fundamental freedoms in the political, economic, social, cultural or any other sphere on an equal basis with others. It covers all forms of discrimination, including denial of necessary opportunities.

Full text in Armenian