Labour Code [LC] of 9 November 2004, last amended by Law No. HO-75-N of 26 May 2008 (available only in Armenian (link Natlex) and Russian (URL))
Date:26 May 2008;
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Size of enterprises excluded (≤): 10
Exclusion only applicable to collective dismissals. See Art. 116 LC: The collective dismissal for economic reasons is any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months.
Workers' categories excluded: none
Art. 7 LC
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Art. 95 LC regulates fixed-term contracts of employment.
Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration.
Maximum number of successive FTCs: no limitation
Maximum cumulative duration of successive FTCs: 5year(s)
Art. 95 LC
Maximum probationary (trial) period (in months): 6 month(s)
Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.
Obligation to provide reasons to the employee:
Yes
Art. 115 LC
Art. 113 LC
Art. 114 LC
Art. 117 LC prohibits dismissing any woman on pregnancy leave and, under some conditions, any worker taking care of a child up to one year old.
Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by a labour inspector.
Notification to the worker to be dismissed: written
Art. 115 LC
tenure ≥ 6 months:
tenure ≥ 9 months:
tenure ≥ 1 year:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
Pay in lieu of notice: Yes
Art. 115 LC - in case of non-respect of the notice period, the employer must compensate the worker for each day of the notice period on the basis of worker' average wage.
Notification to the public administration: No
Notification to workers' representatives: No
Approval by public administration or judicial bodies: No
Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by a labour inspector.
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned): The collective dismissal for economic reasons is any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months.
Art. 116 LC
Prior consultations with trade unions (workers' representatives): No
Notification to the public administration: Yes
Art. 116: The employer must, 3 months in advance, inform the public employment service on the number of contemplated collective dismissals for economic reasons.
Notification to workers' representatives: Yes
Art. 116: The employer must, 3 months in advance, inform workers' representatives on the number of contemplated collective dismissals for economic reasons.
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): No
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Art. 113: Before any dismissal for economic reasons, the employer must propose to the worker any transfer or vocational training within the available possibilities in the enterprise.
Priority rules for re-employment: No
Severance pay:
Art. 129: The severance pay is of two-week salary in case of dismissal for worker's incapacity.
tenure ≥ 6 months: 2 week(s)
tenure ≥ 9 months: 2 week(s)
tenure ≥ 1 year: 2 week(s)
tenure ≥ 4 years: 2 week(s)
tenure ≥ 5 years: 2 week(s)
tenure ≥ 10 years: 2 week(s)
tenure ≥ 20 years: 2 week(s)
Redundancy payment:
Art. 129 LC
tenure ≥ 6 months: 1 month(s)
tenure ≥ 9 months: 1 month(s)
tenure ≥ 1 year: 1 month(s)
tenure ≥ 2 years: 1 month(s)
tenure ≥ 4 years: 1 month(s)
tenure ≥ 5 years: 1 month(s)
tenure ≥ 10 years: 1 month(s)
tenure ≥ 20 years: 1 month(s)
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): If the worker's reinstatement is impossible, the tribunal obliges the employer to pay the worker the average wages for the period of the "imposed non-work" since the date of the dismissal.
Art. 265 LC
Reinstatement available: Yes
Art. 265 LC
Preliminary mandatory conciliation: No
Competent court(s) / tribunal(s): ordinary courts
Art. 264 LC
Existing arbitration: No
Length of procedure:
Art. 265: the worker may bring a complaint about his or her dismissal to the tribunal within the period of one month after receiving the notification about the termination of his or her employment.