What changes are planned in the Labor Code?

For the first time since 2015, large-scale changes are being implemented in the RA Labor Code. At the initiative of the government, 122 of the 266 articles of the Code were either amended or supplemented. The goal is to regulate the legal relations of employees and employers, as well as to bring the provisions of the Code into line with the international obligations undertaken by Armenia as much as possible.

The project was approved by the Government and on February 24, the RA National Assembly held parliamentary hearings on “Amendments and additions to the RA Labor Code” and the package of related draft laws. During the hearings, the chairman of the NA Standing Committee on Labor and Social Affairs, Heriknaz Tigranyan, and the director of the International Republican Institute (IRI/IRI), James DeWitt, made opening remarks. The main regulations were presented by Ruben Sargsyan, RA Deputy Minister of Labor and Social Affairs. Among them are the changes related to women’s labor rights.

Labor rights of women with children up to 2 years of age

According to the RA Deputy Minister of Labor and Social Affairs, Ruben Sargsyan, one of the amendments to the law concerns mothers with young children. In particular, the project provides an opportunity to give the employee who takes care of a child up to one, but also two years old, the right to reduce her working hours.

Thus, with regard to the additional break provided every three hours to a woman breastfeeding a child until the child reaches two years of age, it is provided that, at the request of the woman, the breaks provided for feeding the child can be combined with a break for rest and feeding or provided at the beginning of the working day or move to the end of the working day with a corresponding reduction in the length of the working day.

“In other words, the 30-minute breaks for women with children can be combined, and women have the opportunity to either go to work late or return from work earlier,” says Ruben Sargsyan.

Prohibition of violence and harassment

The draft stipulates the prohibition of violence or harassment in labor relations. When developing this change, the principles of the relevant convention of the International Labor Organization were taken into account, as well as research, according to which, although cases of sexual harassment in the workplace are recorded, they are not processed and are not regulated by law.

In that part, Article 1 of the Labor Code added the prohibition of “acts against physical or mental or sexual integrity or the threat thereof” in labor relations. An additional protection point for sexually assaulted persons is also planned.

Children’s right to work

One of the proposed changes in the law concerns the right of children to work. The Ministry proposes to clearly define that children can work only outside of school hours. Thus, the regulations related to the work of persons under 18 years of age are clarified.

In addition, changes are planned for what work children can do.

“The main goal is to solve several problems for the protection of their health, psychological state, and mental health,” the deputy minister says.

An indefinite contract with pensioners

Changes are also planned for pensioners. The draft proposes to revise the regulations for concluding an employment contract with employees of retirement age. In particular, in contrast to the current regulations (employment contracts for a certain period of time are signed), it is proposed to give the employer the right to hire pensioners with an employment contract concluded for an indefinite period.

“Article 113 provided the basis for termination of employment contracts, it was reaching the retirement age. With the project, we plan to remove that basis, which will be another guarantee for people of retirement age to continue working,” says the deputy minister.

Guarantees for disabled persons and their family members

Additional social guarantees are also provided for the disabled persons and their family members, as well as for the families of missing and dead servicemen as a result of military operations.

“If there is a reduction in the number of employees or positions, then privileges are planned for them. In all cases, if there are two workers in equal conditions, one of whom is in the target group I mentioned, he is given a privilege and he continues his work,” the deputy minister emphasizes.

Study vacation

A new concept will be defined in the RA Labor Code: study leave. According to Ruben Sargsyan, the goal is to give the employee the opportunity to take a study leave while keeping his job.

“In most cases, employers do not mind that their employees go to study, train, develop professional skills. The employer can send his employee for training, but the employer-employee relationship is not regulated. With the new rules of the game, we define who has what obligations,” the deputy minister emphasizes.

Thus, if under the current legislation, the employer is forced to terminate the employment relationship in such a case, then with the new draft, the employer can, if he wishes, keep the employee’s job.

Ruben Sargsyan also referred to the changes in the leave granting procedure. The most important condition is that according to the amendments provided in the RA Labor Code, going on vacation will become mandatory. According to the proposed amendment, now with the agreement of the employer, if the employee also wants, based on his application, leave is provided earlier.

  “But if the employee avoids or refuses to provide annual leave or a part of it due to him for two and a half years in a row, without submitting an application for granting annual leave, then the employer grants leave without the employee’s application,” the deputy minister says.

Probationer institute

A group of changes is planned to settle the existing problems on the education-labour market path. In particular, a new pilot institute is being introduced.

“Probationers are those citizens who have completed work practice at an employer for a period of two months. In contrast to the existing existing mechanisms, it has specific features>, the Deputy Minister explains.

Currently, the universities direct the students to take an internship somewhere, and with the proposed regulations, the student can decide with which employer to take an internship. Limitations of experience have been defined: the duration is up to two months, each employer can pass this test once. There is a threshold, according to which the employer must have at least 10 employees to be able to include one more person.

Remote work

By the way, there are also regulations related to remote work in the project. According to Ruben Sargsyan, according to the amendment, remote work is planned not only in crisis situations, but also with the agreement of the employer-employee. In addition, it was noted that remote work will also be regulated by a separate law.

Another important reform is planned: the introduction of the Institute of Out-of-Court Labor Dispute Resolution, which will enable the employer and the employee to resolve existing disputes before they reach the court rather than bringing them to court. “Both sides will benefit from it, saving money, time and nerves, most importantly, relations will not be broken to the end,” emphasizes Ruben Sargsyan.

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The experts participating in the parliamentary hearings and civil society representatives evaluated the changes positively, but also had many suggestions and concerns.

Heriknaz Tigranyan, Chairman of the RA NA Labor and Social Affairs Committee, reminded that the Labor Code adopted in 2005 underwent radical changes twice, in 2010 and 2015. He also mentioned that radical changes were not planned from the beginning, but the issues and problems that arose led to a large volume of changes. At the moment, the project is being revised in the sectoral committee of the parliament and is open for suggestions.

Hasmik Hakoyan

Full text in Armenian