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The executive body initiated a number of key amendments and addenda to the Labor Code and related laws. On February 24, the NA Standing Committee on Labor and Social Affairs organized parliamentary hearings to debate the abovementioned new regulations with those responsible for the sphere.

In her opening speech the Committee Chair Heriknaz Tigranyan presented the motivation of convening parliamentary hearings, noting that in this issue the Committee led by her took into consideration the public interest towards the draft and the fact of submitting numerous proposals by those responsible for the sphere. He highlighted the proposals on the initiative from all concerned sides in the near future. The Committee Chair expressed her gratitude to the international partner, the International Republican Institute (IRI) Armenia for supporting the organization of the hearings.

“The International Republican Institute emphasized the inter-departmental cooperation, the communication and the fact of taking part in the policy-making processes. The IRI actively participated in the improvement work of this package,” the Program Director of the International Republican Institute Armenia James De Witt underlined. He added that the initiative became possible through the USAID Project The Strengthening Electoral Processes and Political Accountability. The speaker thanked the RA NA Head Committee and the profile Ministry for being open, constructive and collaborative.

Introducing the main regulations, the RA Deputy Minister of Labor and Social Affairs Ruben Sargsyan singled out the regulations on the work of the persons up to 18 years: they referred to the hour schedule. The children from 12 to 15 years will work daily 4 hours, but weekly not more than 12 hours out of the set hours for compulsory education. The 15-16 year-old children will work weekly up to 24 hours. The Deputy Minister informed that a new article on going from education to labor market was added, which designs the Internship Institute. At present, the higher educational institutions direct passing to any internship, and with proposing regulations the student may decide with what employer to pass practice. The internship restrictions were set: the duration is two months, that internship can be passed once with every employer. A threshold was envisaged, according to which, the employer shall have at least 10 employees to be able to include one more person.

The violence or encroachment ban in the working relations was enshrined in the draft. While drafting this amendment the principles of the relevant International Labor Organization Convention. The next improvement referred to the pension age employees. It is possible to sign a contract with the citizens who passed the pension age by regulations in force with the indefinite term. That restriction was removed by this draft, which will give opportunity the employer and the employee in case of mutual consent to continue the labor relations.

Amendments are also proposed in articles on right to rest. With current regulations, if the citizen does submit an application and does not want to go on holidays, then the employer has no power to send him/her to have holidays. With new regulation for 2.5 years uninterruptedly, if the employee does not submit an application, then the employer gets the right to send on holidays on his/her discretion, Fine was designed for the case, when the employer does not give holidays according to the employee’s application.

The cases of giving educational holidays were specified, the employee is given an opportunity, keeping the job, to formulate educational holidays by the employer’s consent during the whole educational period, but not more than two years to study in a foreign educational institution. Ruben Sargsyan clarified that during that period salary will not be given, but the job will be preserved.

According to the Deputy Minister, on the employee’s initiative the regulations of labor contract became more flexible, which is beneficial for both sides. In conditions of absence of employer’s rejection, in the term mentions in the application on resigning from work, the labor contract can be dissolved. At present, 30 days are set for that case.

It is permitted with functioning regulations to involve the employee into overtime work in exclusive cases designed only by Code. The employer is given opportunity with the proposing amendment also to involve into overtime work without availability of exclusive cases, if the employee has given consent in written form. The cases of not performing final pay were specified.

The Deputy Minister Ruben Sargsyan informed that the proposing amendments were debated with the colleagues of the sphere NA Head Committee, Social Security, the representatives of the NGOs, different departments of the Government and the political forces. He added that the amendments of the Labor Code will not be restricted like this, as the employee-employer relations develop, and in this sphere amendments are always required.

In their speeches and interpellations, the participants of the hearings recording the positive tendency of the proposing reforms, presented also a number of proposals aimed at more adjustment and improvement of some provisions. They referred to the expediency of including also the financial dependence in the provision regarding the ban of violence or encroachment, the terms of turning into working probation, the adjustment of provisions of dissolution of labor contract, the Institute of the employee’s damage in the Code, the inclusion of the notion ‘voluntarism,’ the powers and rights of the trade unions, the mechanisms of state control towards the employer-employee relations and profile other issues.

Positively assessing the amendments made, the deputy of the NA Armenia Faction Tadevos Avetisyan interested in the way of the state supporting the employers in implementation of reforms. Ruben Sargsyan informed that jointly with the Ministry, Government, the NA Head Committee, international colleagues the people will be informed on those voluminous amendments.

It was noted that the opportunity of dissolution of the labor contract on the basis of the pensions from the bases of dismissal from work can cause complicated situation especially in the private sector. An opinion sounded that the formulation in force does not violate the obligations of the Republic of Armenia on human rights. As the President of the Confederation of Trade Unions of Armenia Elen Manaseryan assessed, the centers of professional orientation should be purposefully worked in a way that the young people dream not studying in the higher educational institution, but about getting profession. It was mentioned mechanisms should be worked out, and there will be criteria for some professions and spheres, in what event the pension age employee shall be kept, and in what event – not. The deputy of the NA Civil Contract Faction Zaruhi Batoyan noticed that the retirement is a right, but not an obligation, i.e. a person has a right to work also after retirement age. A reference was made to the inadmissibility of discriminative approaches of not accepting to work on different bases. “Having favorable work conditions is the employee’s right, but first of all, it stems from the employer’s interests,” the MP noted.

The Head of the Department of Labor and Employment of the Ministry of Labor and Social Affairs Zhora Sargsyan clarified that the Labor Code gives the employer an opportunity to evaluate the employee’s work abilities and capabilities, If the employer substantiates that the employee cannot hold that position, can dismiss that person. “Therefore, let us not condition by the fact that the employee shall become a pensioner that the employer shall dismiss. This is an age, but has nothing to do with workability,” Zhora Sargsyan said. He referred to the regulations on holidays, specified that in any case the employee will not lose his/her accumulated holidays. The employee accumulates the holidays beginning from 2005. The rapporteur clarified on management of accumulated holidays that will be provided during the final pay or according to the schedule.

In their final speeches the Chair of the NA Standing Committee on Labor and Social Affairs and the Deputy Minister of Labor and Social Affairs clarifications were presented on a number of problematic, mentioning that the revision work is still underway.