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LABOR CODE OF THE REPUBLIC OF ARMENIA

of December 14, 2004 No. ZR-124

(as amended on 14-11-2023)

Accepted by National Assembly of the Republic of Armenia on November 9, 2004

Section 1. General provisions

Chapter 1. The labor law and the relations regulated by it

Article 1. The relations regulated by the Labor code of the Republic of Armenia

1. This Code governs collective and individual employment relationships, establishes the bases of origin, change and the termination and procedure of these relations, the rights and obligations, responsibility of the parties of employment relationships, and also conditions of safety and health protection of workers.

2. Features of regulation of certain spheres of employment relationships can be established by the law.

Article 2. Purpose of the labor law

The purpose of the labor law is:

1) establishment of the state guarantees of labor rights and freedoms of physical persons - citizens of the Republic of Armenia, foreign citizens, stateless persons (further - citizens);

2) assistance to work creating favorable conditions;

3) protection of the rights and interests of workers and employers.

Article 3. Principles of the labor law

1. The basic principles of the labor law are:

1) the free choice of work, including also right to work (which everyone freely chooses or to which freely agrees), the right to dispose of capabilities to work, to choose profession and type of activity;

2) prohibition of any form (any nature) of obligatory or forced labor and violence, sexual harassment concerning workers;

3) equality of participants of employment relationships irrespective of floor, races, skin colors, nationalities, language, origin, nationality, social position, religion, condition religion in matrimony and marital status, age, beliefs or views, belonging to batches, labor unions or public organizations, other circumstances which are not connected with business qualities of the worker;

4) providing for each worker of the right to fair working conditions (including both conditions on safety and the conditions meeting the requirements of hygiene, right to rest);

5) equal rights and opportunities of workers;

6) providing for each worker of the right on timely and in full fair remuneration for work is not lower than the minimum size of the salary established by the law;

7) providing the right of employers and workers to free consolidation for protection of labor rights and interests (including and the right to creation of labor unions and employers' associations or to participation in them);

8) stability of employment relationships;

9) freedom of collective bargainings;

10) responsibility of the parties of collective and labor agreements according to their obligations.

2. The state provides implementation of labor rights according to provisions of this Code and other laws. Labor rights can be limited only to the law if it is necessary for protection of the state and public security, protection of public order, health protection and protection of morality of society, the rights and freedoms, honor and kind reputation of other persons.

Article 3.1. Discrimination prohibition

1. The labor law forbids discrimination.

2. Any is considered discrimination direct or indirectly distinction, exception or restriction on floor, race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, belonging to ethnic minority, property status, the birth, disability, age or other circumstances of personal or social nature, the purpose or of which manifestation of less favorable relation in cases of origin and (or) change and (or) termination of collective and (or) personal employment relationships is result or will lock or refusal of recognition and (or) implementation of any right established by the labor law, on an equal basis with the others, except as specified, when such distinction, the exception or restriction are objectively justified by the pursued lawful purpose and the means applied to achievement of this purpose are adequate and necessary.

3. In announcements of acceptance for work (tenders) and in implementation process of employment relationships establishment of any other condition which is the basis for discrimination except business qualities and professional readiness and qualification, except as specified, is forbidden by the established this Code or the laws of the Republic of Armenia, or cases when it follows from the requirements characteristic of work.

Article 3.2. Obligatory or forced labor

1. Obligatory or forced labor is forbidden.

2. Obligatory or forced labor any work or service required from the face or which is carried out by person using or under the threat of application of coercion in any form on which this person did not give voluntarily the consent, except as specified, provided by part 3 of this Article is considered.

3. Obligatory or forced labor is not considered:

1) work which according to the law is performed by the condemned person;

2) military or alternative service;

3) each work required during emergency situations, life-endangering or to wellbeing of the population.

Article 3.3. Prohibition of violence or sexual harassment at work (on workplace)

1. Violence or sexual harassment at work (workplace it is forbidden).

2. The work place violence or in other place of execution of labor obligations (including business trips) is single or repeating act, violent or containing violence threat, directed against the worker or the third party who brings or can bring also to physical, mental, sexual or economic damage or forming of the circle, enemy or humiliating for person.

3. Sexual harassment is undesirable act of sexual nature on workplace or in other place of execution of labor obligations (including business trips), the having physical or verbal or nonverbal manifestation (including offers, touches of sexual nature), and directly or indirectly influencing adoption of decisions by person concerning work either creating the humiliating or pushing to social isolation working environment.

Article 4. Labor law and other legal acts

1. Employment relationships in the Republic of Armenia are governed by the Constitution of the Republic of Armenia, this Code, the laws, other legal acts, working and collective agreements.

The labor law establishes:

1) spheres, purpose and principles of application of the labor law;

2) legal basis of implementation of right to work;

3) procedure and conditions of the conclusion and accomplishment of collective and labor agreements, and also responsibility of the parties of collective and labor agreements according to their obligations;

4) procedure and conditions of remuneration for work;

Limiting 5) duration of working hours and minimum duration of time of rest;

6) minimum size (limit) of privileges, compensations, guarantees;

7) the basic rules and regulations on health protection and safety of workers;

8) the rights and obligations, responsibility of labor unions, employee representatives – the representatives (body) elected by meeting (conference) of workers, and also employers' associations, their representatives;

9) legal basis of providing labor discipline;

10) conditions and extent (limits) of liability;

11) basic provisions on implementation of supervision and control of observance of the labor law.

2. The acts of departmental bodies and local government bodies containing regulations of labor right can be published only in the cases and limits provided by the labor law.

3. Employers in the procedure established by the legislation can accept internal (local) and individual legal acts within the competence.

Article 5. Internal and individual legal acts of the employer

1. Internal and individual legal acts of the employer are adopted in the form of orders or orders, and in stipulated by the legislation cases – in the form of other legal acts.

If internal and individual legal acts contain the provisions which are less favorable, than conditions, established for workers by the labor law and other regulatory legal acts containing regulations of labor right, then similar acts or their corresponding parts have no legal force.

2. Internal legal acts are adopted in cases of approval of regulations of the organization, working schedules (shift work) and rest, employees engagement to overtime work and watch, and also in the cases provided by this Code and other legal acts.

3. The employer adopts individual legal acts for the purpose of regulation of individual employment relationships.

4. The internal and individual legal acts adopted by the employer become effective from the moment of proper acquaintance with them of the corresponding persons if these legal acts do not provide other term. One copy of the individual legal act about employment, and also termination of the employment contract is handed to the worker within three days after its acceptance.

5. The internal and individual legal acts adopted by the employer are stored, registered and archived according to the procedure, established by the legislation of the Republic of Armenia. 

Article 6. Regulation of employment relationships and other directly related relations in contractual procedure

1. According to the labor law and other regulatory legal acts containing regulations of labor right, regulation of employment relationships and other directly related relations is performed by means of prisoners between workers and employers of collective and employment contracts.

Collective and labor agreements do not may contain conditions which worsen the worker's situation in comparison with the working conditions established by the labor law, other regulatory legal acts containing regulations of labor right. If established collective or labor agreements of condition contradict this Code, the laws, other regulatory legal acts, then these conditions have no legal force.

2. If the labor law and other regulatory legal acts containing regulations of labor right directly does not forbid independent establishment to the parties of employment relationships of the mutual rights and obligations in contractual procedure, then the parties in case of establishment in contractual procedure for such rights and obligations shall be guided by concepts of justice, judiciousness and decency.

Article 7. Coverage of the labor law

1. The labor law and other regulatory legal acts containing regulations of labor right extend to the employment relationships arising in the territory of the Republic of Armenia irrespective of where work - in the Republic of Armenia or at the request of the employer in other state is performed.

2. Provisions of the labor law of the Republic of Armenia and other regulatory legal acts containing regulations of labor right are subject to obligatory execution for all employers, irrespective of their forms of business and patterns of ownership.

3. The employment relationships arising when implementing works on vessels or aircrafts (aircraft) are regulated by the labor law of the Republic of Armenia and other regulatory legal acts containing regulations of labor right if these vessels float or these aircrafts (aircraft) make flights under the flag of the Republic of Armenia or the Coat of arms of the Republic of Armenia is applied on them.

The labor law of the Republic of Armenia and other regulatory legal acts containing regulations of labor right are applied when implementing works on other vehicles if the vehicles which are property of the employer are under jurisdiction of the Republic of Armenia.

4. If employer is the foreign state or its diplomatic representation, either the international foreign organization or the foreign person registered in the state (further – the foreign employer), then the labor law of the Republic of Armenia and other regulatory legal acts containing regulations of labor right extend to employment relationships of the workers who are constantly living in the Republic of Armenia so far as diplomatic immunity is not broken.

5. The labor law of the Republic of Armenia and other regulatory legal acts do not extend to the employment relationships arising between the foreign employers and workers who are not living constantly in the Republic of Armenia irrespective of circumstances that workers at the request of the employer perform work in the Republic of Armenia.

6. If judicially it is determined that the employment relations are actually governed by the prisoner between the employer and the worker the civil agreement, then provisions of the labor law and other regulatory legal acts containing regulations of labor right are applied to such relations.

7. The employment (office) relations of persons holding public positions and positions of public service and also employees of the Central bank of the Republic of Armenia are regulated by this Code if other is not provided by the relevant laws.

8. This Code does not govern employment relationships with participation of the citizens serving sentence in correctional facilities, except for the relations, connected with the mode of working hours and rest, compensation, safety and health of workers.

Article 8. Application of foreign law

The foreign law is applied to the employment relationships existing in the Republic of Armenia if it is provided by international treaties or the law of the Republic of Armenia.

Article 9. International agreements

If the international treaty of the Republic of Armenia establishes other regulations, than provided by this Code agreement regulations are applied.

Article 10. Application of regulations of labor right by analogy

1. If labor the relation directly are not settled by the law, then to such relations if it does not contradict their essence, the regulations of the labor law governing the similar relations (analogy of the law) are applied.

2. In case of impossibility of application of analogy of the law of the right and obligation of the Parties are determined proceeding from the principles of the labor law (analogy is right).

3. Analogy of the law or the right cannot be applied if it limits the rights, freedoms of employers or citizens, or for them the new obligation or responsibility is provided, or the measures of responsibility, coercion or procedure for their application, condition applied to them and procedure of supervision and control of their activities become tougher.

Article 11. Principles of interpretation of regulations of the labor law

1. Interpretation of regulations of the labor law of the Republic of Armenia shall be given in literal value of the words and expressions containing in them, taking into account requirements of this Code.

Interpretation of regulation of the labor law of the Republic of Armenia shall not change it sense.

2. If the legal act is published in execution or according to the legal act having identical or higher legal force, then interpretation of this act is given first of all based on provisions and the principles of the legal act having higher legal force.

Article 12. Action of the labor law in time

The labor law of the Republic of Armenia extends to the employment relationships which arose before its entry into force that is has retroactive force only in the cases provided by this Code, other law, and also this regulatory legal act. The legal acts limiting the rights or freedoms of employers or citizens strengthening procedure for their implementation either establishing responsibility or strengthening responsibility or establishing the obligations or establishing or strengthening procedure for accomplishment of obligations, establishing or strengthening procedure for supervision and control concerning activities of employers or citizens, and also otherwise worsening their legal status cannot be allocated with retroactive effect.

Chapter 2. Employment relationships, bases of emergence of employment relationships, parties of employment relationships

Article 13. Employment relationships

Employment relationships - the relations based on the mutual agreement between the worker and the employer on whom the worker personally performs for certain payment labor functions (work on certain specialty, qualifications or positions) with subordination to regulations and the employer provides the working conditions provided by the labor law, other regulatory legal acts containing regulations of labor right, collective and labor agreements.

Article 14. Bases and place of emergence of employment relationships

1. Employment relationships between the worker and the employer arise on the basis based on the written agreement signed according to the procedure established by the labor law or according to the individual legal act about employment.

1.1. Employment relationships are considered arisen in the Republic of Armenia if the employment contract is signed or the individual legal act about acceptance is employed in the Republic of Armenia. If the employment contract is signed outside the Republic of Armenia or by exchange by means of the mail service or communication providing electronic communication, according to the procedure, established by part 1.1 of article 85 of this Code, or the individual legal act about employment was sent to the worker by the means of communication established by this part, then the employment contract is considered the prisoner, and the individual legal act about acceptance for work – accepted in the Republic of Armenia if:

1) the location of the employer who is the resident legal entity (the location of its permanent body) is the Republic of Armenia;

2) employer is the Republic of Armenia or community or state body or local government body;

3) the place of the state accounting of organization is the Republic of Armenia;

4) the location address (postal address) of the allocated divisions and organizations of the organizations registered in foreign state or the international organizations which are employers is the Republic of Armenia;

5) the residence of the employer who is physical person is the Republic of Armenia.

2. Regulations of this Code on regulation of contractual relations extend to regulation of the employment relationships which arose according to the individual legal act about employment. 

Article 15. Labor legal capacity and capacity to act of citizens

1. The capability of possession of labor rights and executions of labor obligations (labor legal capacity) equally is recognized for all citizens of the Republic of Armenia. Foreign citizens, stateless persons in the Republic of Armenia have the same legal capacity what citizens of the Republic of Armenia have if the law does not provide other.

2. Labor legal capacity and the citizen's capability to acquisition of rights and implementation by the actions of labor rights, to creation for themselves labor obligations and to their accomplishment (labor capability) in full arise from the moment of achievement of sixteen-year age by it, except as specified, provided by this Code and other laws.

Article 16. Labor legal capacity and capacity to act of employers

1. Labor legal capacity and capacity to act of legal persons employers arises from the moment of their creation. Regulations about labor legal capacity and capacity to act of the employer who is the legal entity are applied to labor legal capacity and capacity to act of other employers who are not legal entities if other does not follow from of this Code, other laws of the Republic of Armenia or features of this subject.

2. Employers acquire labor rights and labor obligations, and also perform them by means of the officials given appropriate authority in the cases provided by the Law or other regulatory legal act or the charter of the legal entity or internal or individual legal acts adopted by the employer – other persons given such authority and also the bodies which are created and act on the basis of the laws, other regulatory legal acts, the charter of the legal entity or internal or individual legal acts adopted by the employer.

3. Legal capacity and capacity to act of the employer - the citizen are regulated by the Civil code of the Republic of Armenia. Employers citizens can perform labor rights and independently perform labor duties.

Article 17. Worker

1. The worker is the capable citizen who reached the age established by this Code which based on the employment contract carries out certain work on certain specialty, qualification or position for benefit of the employer.

2. Also persons performing the temporary work established by part 3 of Article 17.1 of this Code are considered as workers.

2.1.  Voided according to the Law of the Republic of Armenia of 29.05.2023 No. ZR-160

2.2. Voided according to the Law of the Republic of Armenia of 29.05.2023 No. ZR-160

3. Voided according to the Law of the Republic of Armenia of 29.05.2023 No. ZR-160

4. Voided according to the Law of the Republic of Armenia of 29.05.2023 No. ZR-160

Article 17.1. Features of employment relationships with participation of persons up to eighteen years

1. Each person aged up to eighteen years has the rights to be engaged in the labor activity which is not forbidden by this Code and other laws of the Republic of Armenia according to the age opportunities, features of development and capabilities.

2. Persons aged up to fourteen years can be involved only in creation or execution of works (creative work) in the cinema, sports, theatrical or concert organizations, in circus, on television or radio.

3. The provisional employment contract is signed with persons aged up to sixteen years. Acceptance of persons aged up to sixteen years for permanent job is forbidden. Persons aged up to sixteen years can be accepted on temporary work in the cases and procedure established by this Code in the written consent one of parents or adoptive parents or adoptive parents or the guardian or the custodian or in case of their absence – guardianship and custody body at the place of residence of person aged up to sixteen years if it does not interfere with process of their compulsory education.

4. Persons aged up to sixteen years can be involved in temporary works according to parts 1 and 1.2 of Article 85, items 4 and 5 parts of 1 Article 89, Item of 1 part 3 Articles 91, Article 101, Items 1-4 of part of 1 Article 140, part 1.1 Articles 143, part 3 Articles 148, part 4 Articles 149, part 1.1 Articles 152, part 2 Articles 153, part 2 Articles 154, part 7 of Article 155, Item of 1 part 4 Articles 164, part 3 Articles 209, part 2 Articles 240, part of 1 Article 249, article 257 of this Code.

5. Persons aged up to eighteen years can be involved only in such works which do not endanger their health (including physical and intellectual development), morals, their safety do not threaten and do not interfere with their compulsory education.

6. Persons aged up to eighteen years cannot be involved during week-end, non-working – festive and memorable days, except as specified participations in sporting and cultural events.

7. Persons aged up to eighteen years have the right to preferential terms of work. For these persons the reduced duration of working hours according to the requirements established by Items 1-5 of part 1 of article 140 of this Code is established.

Article 18. Employer

1. Employer is the participant of employment relationships who based on the employment contract and (or) in the procedure established by the law uses work of citizens.

2. The legal entities registered in the Republic of Armenia, irrespective of their form of business, the state bodies and local government bodies, organizations staying on the registry in the Republic of Armenia, the subjects established by part 4 of article 7 of this Code, the allocated divisions, organizations registered in foreign state or the international organizations, registered or staying on the registry in the Republic of Armenia in the procedure established by the law and also physical persons, including individual entrepreneurs and notaries can be employers. The Republic of Armenia and community, and also other subject having the right to execution of an employment agreement or adoption of the individual legal act about employment under the law of the Republic of Armenia can also act as employers.

3. Voided

Article 18.1. Place of employment (workplace)

1. The place of employment (workplace) is place where the worker performs the labor functions established by the employment contract or the individual legal act about employment or where the worker shall be or where shall be in connection with the work and which directly or indirectly is under management (management) or supervision of the employer.

2. If, in connection with kind of work, in case of work at one employer places of employment for the worker are two or more places, then principle place of employment (the main workplace) is:

1) the workplace taking the permanent location and equipped with labor instruments where the worker will usually see off more than a half of the period necessary for performance of works provided by the employment contract or the individual legal act about employment;

2) the location of the employer or the location of the structural or allocated division or office or organization of the employer in which the worker works when:

and. it is impossible to determine duration of the period, the stipulated in Item 1 this part for performance of works provided by the employment contract or the individual legal act about employment

. works are carried out in field conditions either having character of movement (movement) or having the changeable location or works in Items of mobile trade;

3) the workplace established by the employment contract by agreement of the parties in that case when it is impossible to determine principle place of employment by Items 1 and 2 of this part.

3. In case, stipulated in Item 2 parts 2 of this Article if employer is the physical person who is not the individual entrepreneur or the notary, then principle place of employment (the main workplace) is its permanent residence, and in case with the individual entrepreneur – the address of implementation of business activity which is written down in the unified state register established by the law.

4. In sense of application of the relations connected with business trip, the settlement of finding of the workplace conforming to the requirements established by part 2 of this Article is accepted by principle place of employment.

Article 19. Group of workers, procedure for adoption of resolutions by group of workers

1. The group of workers is constituted by all workers who are in employment relationships with the employer.

The group of workers accepts the resolutions at meeting (conference) of workers.

2. The meeting of workers is competent if more than a half of the workers working for the employer participates in it, and the conference is competent if more than two thirds of the delegates elected workers participate in it.

3. Resolutions of meeting (conference) of workers are considered accepted if more than a half of participants (delegates) of meeting (conference), except as specified, provided by this Code voted for them.

4. According to the solution of the resolution of meeting (conference) of workers accepted by a majority vote participants of the meeting (delegates of conference) can be accepted by secret vote.

5. The group of workers can accept the resolutions as well at the meetings convened in structural and the allocated divisions of the organization - on set of the votes received as a result of vote.

Article 20. Working life

1. The working life is period of time during which the citizen was in the employment relationships regulated by this Code and also other periods of time which according to regulatory legal acts or collective agreements can be set off in working life which the labor law, other regulatory legal acts and collective agreements cause certain labor rights or additional labor guarantees and privileges. The working life can be:

1) general working life in which the entire period of the time spent of the citizen in employment relationships, and also other periods of time which are allowed to be set off in working life the legislation of the Republic of Armenia is set off;

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