Law No. 117-N of 24 July 2010 to amend the Labour Code
Date:1 Jan 2011;
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Labour Code [LC] of 9 November 2004, last amended by HN-151-N of 12.12.13 (available only in Armenian on the following link: http://www.irtek.am/views/act.aspx?aid=150003
Date:23 Oct 2017;
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Size of enterprises excluded (≤): none
However, art. 116 LC defines collective dismissal for economic reasons as any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months. This leads in practice to the non applicabilty of collective dismissal regulation to enterprises with less than 10 workers.
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: no limitation
Previously: 5 years
Art. 95 LC was amended by Law No. 117-N of 24 July 2010 as follows:
"1. A contract is signed for a definite period of time, if the labor relations cannot be determined for an indefinite period of time, taking into account the nature of the work to be done or the terms of fulfillment, if there is not any other specification by this code or by the laws.
2. A labor contract for a definite period of time can be signed for a definite period of time or in terms of calendar days, or by determination of completion of works defined by the labor contract.
3. Contracts for a definite period of time are also signed with:
a. workers in elective positions for the elected period of time
b. workers combining jobs
c. workers performing seasonal jobs
d. workers performing temporary work (up to two months)
e. workers substituting other temporarily absent workers
f. foreigners for the period of for work permission or for the period of validity of resident's rightu201d
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
Notification to the worker to be dismissed: written
Art. 115 LC
Notice period:
Article 115 LC as amended by Law No. 117-N of 24 July 2010 reads as follows:
“(...) the employer is obliged to notify in written form
the worker who has worked up to one year not later than 14 days prior,
the worker having worked from a year to five years- 35 days prior,
the worker having worked from 5 to 10 years - 42 days prior,
the worker having worked up to 15 years- 49 days prior,
the worker having worked for more than 15 years - 60 days prior. (...)"
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.