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LABOR CODE OF THE REPUBLIC OF ARMENIA

of December 14, 2004 No. ZR-124

(as amended on 13-11-2019)

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) freedom 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 forced labor and violence against workers;

3) equality of participants of employment relationships irrespective of floor, races, nationalities, language, origin, nationality, social position, religion, condition 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 is forbidden, except as specified, when it follows from the requirements characteristic of work.

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, and also termination of the employment contract 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 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 (citizens or the organizations), 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, the foreign organization or the foreign person, 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 political, discretionary or civil positions, and also civil servants, employees of other public (special) services and local government bodies established by the law and also employees of the Central bank of the Republic of Armenia are regulated by this Code if the relevant laws do not establish other.

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 cannot be applied if it limits the rights, freedoms of citizens and legal entities, or for them are provided the new obligation or responsibility, or the enforcement measures and procedure for their application, condition and procedure of supervision and control applied concerning citizens concerning citizens and legal entities amplify.

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 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.

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.

2. Employers acquire labor rights and perform labor duties, and also perform them by means of the bodies. These bodies are created and act on the basis of the laws, other regulatory legal acts, the charter of employer and approved (adopted) it legal acts.

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 aged from fourteen up to sixteen years working according to the employment contract from written consent of one of parents, either the adoptive father, or the custodian are considered as workers.

2.1. Persons aged from fourteen up to sixteen years can be involved only in the temporary works which are not doing harm to their health, safety, education and morality according to items 4 and 5 parts of 1 Article 89, Item of 1 part 3 Articles 91, Article 101, item 4 of part of 1 Article 140, part 1.1 Articles 143, part 3 Articles 148, part 4 Articles 149, 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. 

2.2. According to requirements of items 4 and 5 parts of 1 Article 89, of Item of 1 part 3 articles 91, of article 101, of Items 1-3 of part of 1 Article 140, speak rapidly 1.1 Articles 143, of part 3 Articles 148, of part 4 Articles 149, of part 2 Articles 153, of part 7 of Article 155, of Item of 1 part 4 Articles 164, of part 3 Articles 209, of part 1 of Article 249 and Article 257, of person up to fourteen years, in case of written consent of one of parents or the adoptive father or the guardian or guardianship and custody body, can participate in creation and (or) execution of works (creative work) in the cinema, sports, theatrical and konzhertny organizations, circus, television and radio that shall not do harm to his health and morality, and also shall not prevent education and safety.

3. Persons aged from fourteen up to eighteen years cannot be involved in days of rest, non-working - holidays and days of remembrance, except for participations in sporting and cultural events.

4. The provisional employment contract is signed with persons aged to 16 years. 

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 entity having legal capacity and capacity to act irrespective of its form of business, pattern of ownership, nature and type of activity, and physical person can be the employer.

In stipulated by the legislation cases other subject having the right to execution of an employment agreement can act as the employer (organization, state body or local government body and others).

3. Voided

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 is set off;

2) the special or professional working life in which those periods of time during which work on certain specialty was performed are set off or held certain position, or work in special working conditions, and also other periods of time which are allowed to be set off in working life of this type was performed;

3) working life in certain organization or at the same employer in which operating time on this workplace, and also periods of time which are allowed to be set off in working life of this type is set off;

4) continuous working life in which the work period in the same organization (at the employer) or in several organizations is set off (at employers) if transfer from one workplace to another was made from mutual assent of employers, or on other bases which are not interrupting working life or if breaks upon transition from one work to another did not exceed one month;

5) the insurance years of service in which set of periods of time of the labor and other activity which is not forbidden by the legislation of the Republic of Armenia during which the citizen was subject to insurance for it is set off and (or) him in the procedure established by the law make payments on obligatory social security.

2. The procedure for calculation of working life is established by the Government of the Republic of Armenia.

Chapter 3. Representation in collective employment relationships

Article 21. Voluntariness and freedom of representation

Employers and workers for the purpose of protection and representation of the rights and interests can unite freely in the procedure established by the law voluntarily, creating labor unions and employers' associations.

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