References
▷ Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) introduced significant changes relevant to employment protection, including:
‣ It repealed the possibility of concluding a fixed-term contract solely on the ground that the employee has reached pension age (former point 7 of § 95(3) LC was deleted).
‣ It removed reaching pension age as a ground for termination of the employment contract at the initiative of the employer (former point 11 of § 113(1) LC was deleted).
‣ It further updated disability-related terminology and strengthened related guarantees.
Law No. 117-N of 24 July 2010 - “On making amendments and supplements to the Labour Code of the Republic of Armenia”
Date:
1 Jan 1970;
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(view in NATLEX
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Labour Code of the Republic of Armenia [LC], Law No. HO-124-N of 9 November 2004, as last amended by Law HO-160-N of 3 May 2023 (in force 31 July 2023).
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Law HO-160-N of 3 May 2023 "On Amendments and Additions to the Labour Code of the Republic of Armenia" - Enacted on July 31, 2023
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Law HO-270-N of 27 May 2021 - “On making amendments and supplements to the Labour Code of the Republic of Armenia” - (available in original language only)
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Law HO-236-N of 29 April 2020 - “On making amendments and supplements to the Labour Code of the Republic of Armenia”
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»
Scope
Size of enterprises excluded (≤): none
▷ There is no general exclusion of enterprises from the scope of the Labour Code based on size.
▷ However, section 116 of the Labour Code defines collective (mass) dismissals for economic reasons as dismissals concerning at least 10 workers or more than 10 % of the workforce within a period of two months. As a result, the special collective-dismissal procedure does not apply in practice to enterprises employing fewer than 10 workers.
Workers' categories excluded: other
▷ The Labour Code applies generally to all employment relationships falling within its scope. No broad categories of workers are excluded from the Code itself, although specific categories (in particular certain public servants) may be regulated by special laws that prevail in case of conflict.
▶ Labour Code (LC)
→ Section 7 LC provides that:
1. The labour legislation and other regulatory legal acts containing norms of labour law shall apply to employment relations having arisen in the territory of the Republic of Armenia, irrespective of the fact whether the work is performed in the Republic of Armenia or in another state upon the assignment of the employer.
2. Provisions of the labour legislation of the Republic of Armenia and of other regulatory legal acts containing norms of labour law shall be mandatory for adherence by all employers (citizens or organisations), regardless of their organisational and legal form and form of ownership.
3. Employment relations arising at the time of performing work in vessels or aircrafts (flying vessels) shall be regulated by the labour legislation of the Republic of Armenia and other regulatory legal acts containing norms of labour law, where these vessels sail or the aircrafts (flying vessels) fly under the flag of the Republic of Armenia or bear the image of the coat of arms of the Republic of Armenia.
The labour legislation of the Republic of Armenia and other regulatory legal acts containing norms of labour law shall be applied at the time of performance of work in other means of transport, where such means of transport owned by the employer are under the jurisdiction of the Republic of Armenia.
4. Where the employer is a foreign state or its diplomatic representation, a foreign entity or a foreign person registered in a foreign state (hereinafter referred to as “foreign employer”), the labour legislation of the Republic of Armenia and other regulatory legal acts containing norms of labour law shall cover the employment relations having arisen with the employers permanently residing in the Republic of Armenia to the extent that the diplomatic immunity is not violated.
5. The labour legislation of the Republic of Armenia and other regulatory legal acts containing norms of labour law shall not cover the employment relations having arisen between foreign employers and employees not residing permanently in the Republic of Armenia, irrespective of the fact that the employees perform work upon the instruction of the employer in the Republic of Armenia.
6. Where it is approved through judicial procedure that employment relations are actually regulated by a civil law contract concluded between the employer and the employee, provisions of the labour legislation and of other regulatory legal acts containing norms of labour law shall apply to such relations.
7. Employment (service) relations of persons holding political, discretional or civil positions, as well as of civil servants, officers of other state (special) services and local self-government bodies prescribed by law, as well as employment (service) relations of the employees of the Central Bank of the Republic of Armenia shall be regulated by this Code, unless otherwise provided for by appropriate laws.
8. This Code does not regulate employment relations involving citizens serving their sentence in correctional institutions, except for the relations with respect to working time and rest-time regulations, remuneration for work, safety and health of employees.
→ Section 44 LC on "Peculiarities of the application of norms in Part 2 of this Code" provides that:
1. The norms in Part 2 of this Code [COLLECTIVE EMPLOYMENT RELATIONS] established by law for state and local self-government bodies, as well as employees of the Central Bank of the Republic of Armenia shall be applied in the manner prescribed by this Code.
2. The norms prescribed by Part 2 of this Code [COLLECTIVE EMPLOYMENT RELATIONS] shall not apply to the employment relations between the officers of the armed forces, police, national security body and persons holding public positions (except for discretionary positions).
Notes / Remarks
Note: Amendments made to section 7 of the LC by the Law HO-160-N of 3 May 2023 are purely editorial. They are highlighted in bold in "Workers' categories excluded".
FTC regulated: Yes
▷ Note: Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC. A fixed-term contract may no longer be concluded solely because the employee has reached pension age.
▶ Labour Code (LC)
→ Section 95 LC provides that:
1. An employment contract shall be concluded for a fixed time limit, where the employment relations may not be determined for an indefinite time limit, taking into account the nature of the work to be performed or the conditions for its completion, unless otherwise provided for by this Code or laws.
2. An employment contract concluded for a fixed time limit may be concluded for a fixed time period or by setting a calendar period or by defining the completion of works provided for by the employment contract.
2.1. If the term of the employment contract concluded for a fixed time limit for the same work with the same employer is prolonged, or a new employment contract for the same work with the same employer is concluded with the same employee after an interruption that does not exceed one month, the employment contract shall be considered concluded for an indefinite time limit. This provision does not apply to the cases provided for by parts 1 and 3 of this section (added by Law HO-183-N).
3. Employment contracts for a fixed time limit shall also be concluded with:
(1) employees hired to elective offices for a selected time period;
(1.1) employees appointed for a term established by law;
(2) Repealed by the Law HO-183-N of 3 October 2019 [those performing combined jobs];
(3) those performing seasonal work;
(4) those performing temporary work (for a time period of up to two months);
(5) an employee substituting a temporarily absent employee;
(6) foreigners, in the period of permission to work or validity period of the right to residence, where a foreigner is required to have residence status to work in the Republic of Armenia,
(7) (point repealed by HO-160-N of 3 May 2023)
Valid reasons for FTC use: objective and material reasons
Note: ▷ Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC. A fixed-term contract may no longer be concluded solely because the employee has reached pension age.
▶ Labour Code (LC)
→ Section 95 LC provides that:
1. An employment contract shall be concluded for a fixed time limit, where the employment relations may not be determined for an indefinite time limit, taking into account the nature of the work to be performed or the conditions for its completion, unless otherwise provided for by this Code or laws.
2. An employment contract concluded for a fixed time limit may be concluded for a fixed time period or by setting a calendar period or by defining the completion of works provided for by the employment contract.
2.1. If the term of the employment contract concluded for a fixed time limit for the same work with the same employer is prolonged, or a new employment contract for the same work with the same employer is concluded with the same employee after an interruption that does not exceed one month, the employment contract shall be considered concluded for an indefinite time limit. This provision does not apply to the cases provided for by parts 1 and 3 of this section (added by Law HO-183-N).
3. Employment contracts for a fixed time limit shall also be concluded with:
(1) employees hired to elective offices for a selected time period;
(1.1) employees appointed for a term established by law;
(2) Repealed by the Law HO-183-N of 3 October 2019 [those performing combined jobs];
(3) those performing seasonal work;
(4) those performing temporary work (for a time period of up to two months);
(5) an employee substituting a temporarily absent employee;
(6) foreigners, in the period of permission to work or validity period of the right to residence, where a foreigner is required to have residence status to work in the Republic of Armenia.
(7) (point repealed by HO-160-N of 3 May 2023)
→ Section 101 LC provides that:
1. A temporary employment contract shall be an employment contract concluded for a period of up to two months.
2. Employees having concluded a temporary employment contract may be engaged in work on rest days and non-working days, i.e. holidays and commemoration days. The work performed on non-working days — holidays and commemoration days — shall be remunerated at least double the hourly (daily) pay rate or task rate.
3. (part repealed by HO-117-N of 24 June 2010)
4. The employee or the employer shall have the right to rescind the temporary employment contract before the expiry of the validity period thereof by notifying each other thereon in writing at least three days in advance. In case the temporary employment contract is rescinded, the employee shall not be paid a dismissal benefit.
Maximum number of successive FTCs: no limitation
▷ There is no numerical limit on the number of successive fixed-term contracts.
▷ However, since the entry into force of Law HO-183-N of 3 October 2019, a conversion rule applies: successive fixed-term contracts for the same work with the same employer (with an interruption of no more than one month) are converted into an indefinite-term contract (§ 95(2.1) LC). This conversion does not apply to the specific cases listed in § 95(1) and § 95(3).
▶ Law HO-183-N of 3 October 2019
→ Section 1 of Law HO-183-N indicates that: In section 95 of the Labour Code of the Republic of Armenia of November 9, 2004, add the following section 2.1:
"2.1. If the term of validity of an employment contract concluded for a fixed term with the same employee for the same work with the same employer is extended, or an employment contract is concluded for a second time with the same employee for the same work with the same employer, the interruption of which does not exceed one month, then the employment contract shall be deemed to have been concluded for an indefinite term. The provision set forth in this part shall not apply to the cases provided for in Parts 1 and 3 of this section."
2) Part 3 shall be supplemented with the following content: “1.1) with employees appointed for a period of time specified by law.”
3) Part 3, point 2 shall be declared invalid.
Maximum cumulative duration of successive FTCs: no limitation
▷ There is no statutory maximum cumulative duration for successive fixed-term contracts in general.
▶ Labour Code(LC): Situation under the amendment made by Law HO-183-N of 3 October 2019
▷ The conversion rule under section 95(2.1) LC (introduced in 2019) applies instead of a hard time limit when successive contracts concern the same work with the same employer. (see above the unofficial translation of the amendment made by Law HO-183-N of 3 October 2019).
Maximum probationary (trial) period (in months): 12 month(s)
▷ Note: Section 92 is amended and supplemented by Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023). The special maximum increased from six to twelve months, and a new point (6) was added to the list of periods not counted toward probation under subsection 3 of Section 92 LC.
▶ Labour Code (LC)
→ Section 92 of the LC provides that:
1. The time limit of the probation period shall not be more than three months, except for the cases provided for by part 2 of this Section.
2. The probation period for a time period of twelve months may be set in cases provided for by the legislation of the Republic of Armenia.
3. The probation period shall not include the following time periods when the employee is absent from work:
(1) the time period envisaged by the collective agreement or the employment contract;
(2) the time period of leave (including unpaid) upon the consent of the parties;
(3) the time period of the employee’s temporary inability to work;
(4) the time period of performing obligations imposed on the employee by state or local self-government bodies;
(5) the time period of lawful strike where the employee participates in the strike in the manner prescribed by law;
(6) the time periods of performing the duties of military enlistment, participating in training musters, military trainings, military exercises, mobilisation-based military service, participating as a person not involved in the military service (volunteer), i.e. on voluntary basis in military operations for the defence of the Republic of Armenia, other countries based on military mutual assistance contracts concluded with the Republic of Armenia or the state authorised body in the sector of defence.
Excluded from protection against dismissal: Yes
▷ During the probationary period, the ordinary rules on protection against dismissal do not fully apply. Either party may terminate the employment contract with short notice.
▶ Labour Code (LC)
→ Section 93(1) LC provides that: Where the employer finds that the employee — based on the current results of the probation period set for evaluating the suitability of the employee for the envisaged job (position) — does not meet the prescribed requirements, he or she may dismiss the employee from work before the expiry of the time limit of the probation period by notifying him or her thereon in writing three days in advance.
→ Section 101(4) LC (temporary contracts up to two months) and the general regime applicable during probation allow termination with short written notice (commonly three days).
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, temporary work injury or illness, race, sex, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, language, participation in a lawful strike, lawfully taking leave
▷ Note: Section 114 was amended and supplemented by Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023).
▶ Labour Code (LC)
→ Section 114 LC provides that:
1) in the time period of temporary incapacity of the employee for work, except for the cases provided for by point 7 of part 1 of Section 113;
(2) during the leave of the employee;
(2.1) in the case of pregnant women, from the day of submitting a reference to the employer until one month after the maternity leave;
(2.2) in the entire period when the person, actually taking care of the child and not on leave, takes care of a child under one, except for the cases provided for by points 1, 5, 6 and 8 and 10 of part 1 of Section 113 of this Code;
(3) after a decision on calling a strike is adopted and during the strike where the employee participates in this strike in the manner prescribed by this Code;
(4) during the period of fulfilling the obligations imposed on the employee by state or local self-government bodies, except for the cases provided for by part 1 of Section 124 of this Code;
(5) during the period of preventing natural disasters, technological accidents, epidemics, accidents, fires and other emergency cases or urgently eliminating the consequences thereof, where the employee fails to appear to work due to those cases;
(6) during the period of unplanned transfer or unplanned provision of vacations envisaged for education (including pre-school) institutions, where the employee fails to report to work for the purpose of organising the care of a child under the age of twelve.
Where an employee fails to come to work upon expiry of the time periods provided for by part 1 of this Section, the employer may rescind the employment contract on the grounds provided for by this Chapter.
3. The restrictions provided for by part 1 of this Section shall not apply when rescinding the employment contract in cases prescribed by point 1 of part 1 of Section 113 of this Code. [CHANGED 2023: now cross-refers to § 113(1)(1) instead of describing liquidation in the text].
4. The following shall not be deemed as a lawful reason for the rescission of the employment contract:
(1) membership to a trade union or participation in the activities of a trade union during non-working hours, and upon consent of the employer — also during working hours;
(2) being the employees’ representative at any time;
(3) filing claims to the employer for violation of laws, other regulatory legal acts or the collective agreement;
(4) gender, race, skin colour, nationality, language, origin, citizenship, social status, religion, marital status and family status, convictions or views, affiliation to political parties or non-governmental organisations, as well as other circumstances not associated with the professional skills of an employee, except for the cases prescribed by this Code and laws of the Republic of Armenia; [CHANGED 2023: added skin colour; “belief” became “religion”; added residual clause on circumstances unrelated to professional skills]
(5) the age, except for cases defined by law.
▷ Union membership and activities
→ Section 119(1) LC provides that: The employees elected to representative bodies of employees may not be dismissed from work during the implementation of their powers, as well as within six months after the expiry of those powers at the initiative of the employer, without the preliminary consent of the representative body of employees, except for cases provided for by points 1, 5, 6 and 8-10, 13 of part 1 of Section 113 of this Code. [CHANGED 2023: protection now continues for six months after the mandate ends; new ground §13 is added to the exceptions]. [...]
→ Section 119(3.1) LC provides that employees elected to representative bodies functioning in the organisation shall, during the year, be released from official duties for up to 10 working days to participate in those activities or to raise their qualification, with pay of at least 50 per cent of the average daily salary.
▷ Occupational injury or disease
→ Section 118 LC states that:
1. The workplace and position of the employee having lost his or her capacity for work due to occupational disease or maiming shall be retained until his or her recovery or recognition thereof as a person with disability. The employer may rescind the employment contract on the grounds provided for by this Chapter unless his or her working capacity is recovered and he or she is recognised as a person with disability, where a relevant conclusion on contraindication regarding the engagement in the given work issued by the authorised body is available. [CHANGED 2023: “disability group” replaced by “person with disability”; dismissal after non-recovery now also requires a contraindication conclusion].
2. Employees who have temporarily lost their capacity for work in cases not provided for by part 1 of this Section shall retain their workplace and position, where they have not come to work due to temporary incapacity for work not more than 6 successive months or for not more than 180 days within the last 12 months, save the days of pregnancy and maternity leave. [CHANGED 2023: 120 consecutive / 140 days → 6 months / 180 days; pregnancy and maternity days excluded]
▷ Special purpose leave
→ Section 171 LC stipulates that: Special purpose leave shall be:
(1) pregnancy and maternity leave;
(2) leave granted for taking care of a child under the age of three;
(3) study leave;
(4) leave being granted for fulfilment of state or social duties;
(5) unpaid leave.
(6) paternity leave.
During the period of special purpose leave, the employee’s position shall be retained, with the exception of cases envisaged by section 113(1)(1).
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities, workers on temporary leave following an occupational disease or a work injury
▷ Pregnancy and maternity/family responsibilities
→ Section 114 LC provides that termination of an employment contract upon the initiative of the employer is prohibited: […]
(2.1) in the case of pregnant women, from the day of submitting a reference to the employer until one month after the maternity leave;
(2.2) a person who is actually taking care of a child and is not on leave, for the entire period of taking care of a child under one year of age, except for the cases provided for in paragraphs 1, 5, 6, 8 and 10 of part 1 of section 113 of this Code.
▷ Workers’ representatives
→ Section 119(1) LC provides that: The employees elected to representative bodies of employees may not be dismissed from work during the implementation of their powers, as well as within six months after the expiry of those powers, at the initiative of the employer, without the preliminary consent of the representative body of employees, except for cases provided for by points 1, 5, 6 and 8-10, and13 of part 1 of section 113 of this Code.
▷ Temporary work incapacity / occupational disease or injury
→ Section 114(1) LC prohibits rescission during the period of temporary incapacity of the employee for work, except for the cases provided for by point 7 of part 1 of section 113.
→ Section 118 LC (as amended in 2023) provides that the workplace and position of the employee having lost capacity for work due to occupational disease or maiming shall be retained until recovery or recognition as a person with disability. The employer may rescind the employment contract on the grounds provided for by this Chapter unless working capacity is recovered and the employee is recognised as a person with disability, where a relevant conclusion on contraindication regarding the engagement in the given work issued by the authorised body is available. Employees who have temporarily lost capacity for work in other cases shall retain the workplace and position where they have been in temporary incapacity for work not more than 6 successive months or for not more than 180 days within the last 12 months, save the days of pregnancy and maternity leave.
Notification to the worker to be dismissed: written
▶ Labour Code (LC)
→ Section 115(1) LC provides that: In case of rescinding the employment contract on the grounds provided for by points 1 and 2 of part 1 of section 113 of this Code, the employer shall be obliged to notify the employee thereof in writing not later than two months in advance.
Notice period:
→ Section 115 LC provides that:
1. In case of rescinding the employment contract on the grounds provided for by points 1 and 2 of part 1 of section 113 of this Code, the employer shall be obliged to notify the employee thereof in writing not later than two months in advance.
▻ If the employment contract is rescinded on the grounds provided for by points 3 and 7 of part 1 of section 113 of this Code, as well as in the cases defined in part 2 of section 105 of this Code, the employer shall be obliged to provide a written notification to the employee:
‣ no later than 14 days in advance for employees who have been working for up to one year,
‣ no later than 35 days in advance for employees who have been working for up to five years,
‣ no later than 42 days in advance for employees who have been working for five to ten years,
‣ no later than 49 days in advance for employees who have been working for ten to fifteen years,
‣ no later than 60 days in advance for employees who have been working for more than fifteen years, and
‣ on the basis provided for in Point 12 of Part 1 of section 113 [residence status of a foreigner is revoked] of this Code, 3 days before.
▻ Collective agreements and employment contracts may define longer time limits for notification as compared to the time limits envisaged by this part.
1.1. In case of rescinding the employment contract on the grounds provided for by point 13 of part 1 of section 113 of this Code, the employer shall be obliged to notify the employee thereof in writing not later than three days in advance.
2. In case the time limits provided for by part 1 [and] 1.1 of this Section, as well as part 1 of section 93 and part 2 of section 111 of this Code are not observed, the employer shall be obliged to pay a fine to the employee for every overdue day of notification, which is calculated based on the average daily salary rate.
3. Notification on rescission of the employment contract shall include:
(1) ground and reason for dismissal from work and, in case of offering another job to the employee, also the title of the position, the amount of the salary or the absence of possibility to offer another job;
(2) year, month, day of dismissal from work.
4. […].
5. […].
tenure ≥ 6 months:
- All: 14 day(s).
tenure ≥ 9 months:
- All: 14 day(s).
tenure ≥ 1 year:
- All: 35 day(s).
tenure ≥ 2 years:
- All: 35 day(s).
tenure ≥ 4 years:
- All: 35 day(s).
tenure ≥ 5 years:
- All: 42 day(s).
tenure ≥ 10 years:
- All: 49 day(s).
tenure ≥ 20 years:
- All: 60 day(s).
Pay in lieu of notice: Yes
▶ Labour Code (LC)
→ Section 115(2) LC provides that: In case the time limits provided for by parts 1 and 1.1 of this section, as well as part 1 of section 93 and part 2 of section 111 of this Code, are not observed, the employer shall be obliged to pay a fine to the employee for every overdue day of notification, which is calculated based on the average daily salary rate.
Notification to the public administration: No
▷ No general obligation exists to notify the public administration of individual dismissals. Special rules apply only in the case of dismissal of workers’ representatives (see § 119 LC).
Notification to workers' representatives: No
▷ No general obligation exists to notify workers’ representatives of individual dismissals. Special protection and prior consent requirements apply only to elected representatives of employees (§ 119 LC).
Approval by public administration or judicial bodies: No
▷ No general approval by the public administration or a court is required. Prior consent under § 119 is given by the representative body of employees, not by the labour inspector.
Approval by workers' representatives: No
▷ No general approval by workers’ representatives is required for ordinary individual dismissals.
▶ Labour Code (LC)
→ Section 119(1) LC provides that: The employees elected to representative bodies of employees may not be dismissed from work during the implementation of their powers, as well as within six months after the expiry of those powers, at the initiative of the employer, without the preliminary consent of the representative body of employees, except for cases provided for by points 1, 5, 6 and 8-10, 13 of part 1 of section 113 of this Code.
▷ Point 13 has been an exception since 23 December 2021 (Law HO-389-N). The six-month protection after the end of the mandate was added by Law HO-160-N of 3 May 2023 (in force 31 July 2023). Consent is still given by the representative body of employees, not by the state labour inspector.
Definition of collective dismissal (number of employees concerned) Any dismissal affecting at least 10 workers or more than 10% of the workforce during a period of two months.
▶ Labour Code (LC)
→ Section 116 LC provides that:
1. In cases prescribed by point 1 of part 1 of Section 113 of this Code or in case of reduction in the number or staff positions of employees, the employer shall be obliged to submit data on the number of dismissed employees (in accordance with profession, age and gender) to the authorised state body of the Government of the Republic of Armenia in the field of employment and to the representative of the employees not later than two months prior to rescinding the employment contracts, where it is envisaged to dismiss more than ten percent of the total number of employees, but not less than 10 employees during two months (mass dismissals).
2. Cases of dismissals of employees working under an employment contract concluded for a fixed time limit and includingunder seasonal employment contract shall not be deemed mass dismissals where they were dismissed from work without violation of the time limits specified in the contracts.
Notification to the public administration No
▷ Section 116 LC requires the employer to inform the representative of the employees, but does not impose a formal obligation to consult or negotiate with a view to reaching an agreement.
Notification to trade union (workers' representatives) Yes
▶ Labour Code (LC)
→ Section 116 LC provides that the employer shall submit the information about the number of dismissed employees to the authorised state body of the Government of the Republic of Armenia in the field of employment […] not later than two months in advance.
Notification to workers' representatives: Yes
▶ Labour Code (LC)
→ Section 116 LC provides that the employer shall submit the information […] to […] the representative of the employees […] not later than two months in advance.
Approval by trade union (workers' representatives) No
▷ No approval by the public administration or judicial bodies is required for collective dismissals.
Approval by workers' representatives No
▷ No approval by workers’ representatives is required for collective dismissals.
Priority rules for collective dismissals (social considerations, age, job tenure) No
▷ No statutory priority rules based on social considerations, age or job tenure were found for the selection of employees in collective dismissals.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No
▷ No statutory priority rules for re-employment of workers dismissed for economic reasons were found in the examined provisions.
Priority rules for re-employment Yes
▶ Labour Code (LC)
→ Section 113(3) LC provides that: The employer shall have the right to rescind the employment contract based on the grounds provided for by points 2, 3 and 4 of part 1 of this section, where the employer, within his or her possibilities, has offered the employee another job corresponding to his or her professional competence, qualification, health state, and where the employee has rejected it.
Where the employer does not have a possibility to offer another job, the employment contract shall be rescinded without offering other job to the employee.
Severance pay:
▷ Two regimes apply:
▻ One average monthly salary for liquidation, reduction of the number/staff positions, and reinstatement in the previous position (§ 113(1)(1), (2) and (4)).
▻ Tenure-based scale (10 / 25 / 30 / 35 / 44 average daily salaries) for unsuitability, long-term incapacity, a change of essential conditions and call-up. Pension age is no longer a ground.
▶ Labour Code (LC)
→ Section 129 LC provides that:
1. In case of rescinding the employment contract on the grounds provided for by points 1, 2 and 4 of part 1 of section 113 [liquidation, economic reasons or reinstatement], of this Code, the employer shall pay dismissal benefit to the employee in the amount of his or her average monthly salary, whereas in cases provided for by points 3 and 7 and 11 of part 1 of section 113 [inaptitude, incapacity or retirement], as well as point 9 of part 1 of section 109 [change in conditions of employment] and section 124 [military services], where the employment contract is rescinded, the employer, taking into consideration the continuous work experience of the employee, shall pay the employee a dismissal benefit:
(1) where the employee has worked for up to one year — in the amount of ten-fold of the average daily salary;
(2) where the employee has worked from one to five years — in the amount of twenty-five-fold of the average daily salary;
(3) where the employee has worked from five to ten years — in the amount of thirty-fold of the average daily salary;
(4) where the employee has worked from ten to fifteen years — in the amount of thirty-five-fold of the average daily salary;
(5) where the employee has worked for up to fifteen years and more — in the amount of forty-four-fold of the average daily salary.
Payment of dismissal benefit may be envisaged for a longer period and/or in a larger amount in accordance with the collective agreement or employment contract.
tenure ≥ 6 months: 10 day(s).
tenure ≥ 9 months: 10 day(s).
tenure ≥ 1 year: 25 day(s).
tenure ≥ 2 years: 25 day(s).
tenure ≥ 4 years: 25 day(s).
tenure ≥ 5 years: 30 day(s).
tenure ≥ 10 years: 35 day(s).
tenure ≥ 20 years: 44 day(s).
Redundancy payment:
▶ Labour Code (LC)
→ Section 129 LC (see full text above).
▷ In cases of liquidation or reduction of the number of employees (§ 113(1)(1)–(2)), the dismissal benefit equals one average monthly salary. There is no separate redundancy payment distinct from this amount.
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).
mine workers: No
▷ The court does not have free discretion to determine the amount of compensation. Section 265 LC sets specific rules and limits on the compensation payable.
: Yes
▶ Labour Code (LC)
→ Section 265 LC provides that:
1. In case of disagreement with the change of employment conditions or termination of employment relations, the employee shall have the right to apply to court within two months following the receipt of the individual legal act on change of employment conditions or his or her dismissal (or rescission of the employment contract), and in cases prescribed by point 12.2 of part 1 of Section 109 of this Code — within two months following the day the employment contract is considered as rescinded by virtue of law.
1.1. Where, in cases prescribed by part 1 of this Section, it is revealed that employment conditions have been changed, or employment relations have been terminated upon absence of lawful grounds or in violation of the requirements defined by the legislation of the Republic of Armenia or the internal or individual legal acts of the employer or the employment contract, the violated rights of the employee shall be restored. In cases the employer shall be charged an average salary for the whole period of forced idleness or the difference of the salary for the period during which the employee performed work with minimum remuneration for the given employer. In all cases where an employee engages in a new work with another employer during the period of forced idleness, an amount equivalent to the salary for the last nine months of the previous job shall be paid for the forced idleness for the given period, whereas where the employee has worked for less than nine months — an amount equivalent to the salary paid for this period, as well as the positive difference between the salaries received for the previous job and the new one during the given period of forced idleness.
2. For economic, technological and organisational reasons, or in case of impossibility of reinstatement of future employment relations between the employer and the employee, the court need not reinstate the employee to his or her former office, making the employer obliged to pay compensation prescribed by part 1.1 of this Section, and pay compensation in exchange for non-reinstatement of the employee to office in the amount of not less than the average salary, but not more than twelve-fold of the average salary. The employment contract shall be deemed as rescinded starting from the day of entry into legal force of the court judgment.
3. In determining the amount of the average salary provided for by parts 1.1 and 2 of this Article, the amount of the salary calculated for the employee as prescribed by Article 195 of this Code before the rescission of the employment contract shall be taken into consideration. In cases provided for by parts 1.1 and 2 of this Section, the average salary shall be calculated by multiplying the amount of the average daily salary of the employee by the number of working days of the whole period of forced idleness.
▷ Law HO-160-N of 3 May 2023 (in force 31 July 2023) extended the time limit to sue from one month to two months, removed the three-month cap on pay for forced idleness, and added the award for non-reinstatement (not less than one, and not more than twelve, average salaries).
Yes
▶ Labour Code (LC)
→ Section 265 LC provides that:
1. In case of disagreement with the change of employment conditions or termination of employment relations, the employee shall have the right to apply to court within two months following the receipt of the individual legal act on change of employment conditions or his or her dismissal (or rescission of the employment contract), and in cases prescribed by point 12.2 of part 1 of Section 109 of this Code — within two months following the day the employment contract is considered as rescinded by virtue of law.
1.1. Where, in cases prescribed by part 1 of this Section, it is revealed that employment conditions have been changed, or employment relations have been terminated upon absence of lawful grounds or in violation of the requirements defined by the legislation of the Republic of Armenia or the internal or individual legal acts of the employer or the employment contract, the violated rights of the employee shall be restored. In cases the employer shall be charged an average salary for the whole period of forced idleness or the difference of the salary for the period during which the employee performed work with minimum remuneration for the given employer. In all cases where an employee engages in a new work with another employer during the period of forced idleness, an amount equivalent to the salary for the last nine months of the previous job shall be paid for the forced idleness for the given period, whereas where the employee has worked for less than nine months — an amount equivalent to the salary paid for this period, as well as the positive difference between the salaries received for the previous job and the new one during the given period of forced idleness.
2. For economic, technological and organisational reasons, or in case of impossibility of reinstatement of future employment relations between the employer and the employee, the court need not reinstate the employee to his or her former office, making the employer obliged to pay compensation prescribed by part 1.1 of this Section, and pay compensation in exchange for non-reinstatement of the employee to office in the amount of not less than the average salary, but not more than twelve-fold of the average salary. The employment contract shall be deemed as rescinded starting from the day of entry into legal force of the court judgment.
3. In determining the amount of the average salary provided for by parts 1.1 and 2 of this Article, the amount of the salary calculated for the employee as prescribed by Article 195 of this Code before the rescission of the employment contract shall be taken into consideration. In cases provided for by parts 1.1 and 2 of this Section, the average salary shall be calculated by multiplying the amount of the average daily salary of the employee by the number of working days of the whole period of forced idleness.
▷ Law HO-160-N of 3 May 2023 (in force 31 July 2023) extended the time limit to sue from one month to two months, removed the three-month cap on pay for forced idleness, and added the award for non-reinstatement (not less than one, and not more than twelve, average salaries).
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): ▷ Average salary for the whole period of forced idleness, where reinstatement is ordered (the three-month cap no longer applies).<br/>▷ Where reinstatement is impossible: average salary for the period of forced idleness until the judgement, plus compensation for non-reinstatement of not less than one average salary and not more than twelve times the average salary.
▶ Labour Code (LC)
→ Section 265 LC (see full text above).
managerial / executive positions: Yes
▶ Labour Code (LC)
▷ Reinstatement is the primary remedy. Compensation in lieu is available only where reinstatement is impossible.
→ Section 265 LC provides that, where employment conditions have been changed or the employment contract has been rescinded without lawful grounds or in violation of the legislation, the violated rights of the employee shall be restored. For economic, technological or organisational reasons, or where future employment relations cannot be restored, the court need not reinstate the employee and shall oblige the employer to pay the average salary for the period of forced idleness until the judgment, and compensation for non-reinstatement of not less than one average salary and not more than twelve times the average salary.
▷ The twelve-fold award was added by Law HO-160-N of 3 May 2023 (in force 31 July 2023).
police: No
▶ Labour Code (LC)
▷ There is no mandatory pre-litigation conciliation requirement for individual dismissal disputes.
→ Section 67 LC provides for conciliation in cases of collective labour disputes. Consideration of a collective labour dispute by the Conciliation Commission is a mandatory stage in the consideration of collective disputes (§ 67(1)).
▶ Labour Code (LC)
→ Section 264(1) LC provides that:1. Labour disputes shall be subject to examination through judicial procedure in the manner prescribed by the Civil Procedure Code of the Republic of Armenia. Mediation may also be carried out in relation to labour disputes as prescribed by the Law “On mediation”.
2. Collective labour disputes shall be settled in the manner prescribed by Chapter 11 of this Code.
3. Labour disputes, in compliance with the requirements of the Civil Procedure Code of the Republic of Armenia and the Law of the Republic of Armenia “On commercial arbitration”, may be submitted to the resolution of the arbitration tribunal, where the employee and employer have concluded an agreement, or where the collective agreement provides for a possibility to submit the dispute to the arbitration tribunal. The labour disputes provided for by Section 264 of this Code may be submitted to the resolution of the arbitration tribunal within the time limits defined by the same Section. An arbitration agreement does not restrict the right of an employee to submit to the court the dispute arising from the employment contract, except when the arbitration agreement has been concluded after the dispute has arisen and the parties have unconditionally agreed to submit the dispute to the resolution of the arbitration tribunal.
Existing arbitration: Yes
▶ Labour Code (LC)
▷ Arbitration is available only if the parties have agreed to it (individual agreement or collective agreement). It is not a mandatory or general statutory avenue for individual dismissal disputes. The employee retains the right to go to court unless a post-dispute arbitration agreement has been concluded.
→ Section 264(3) LC provides that: Labour disputes, in compliance with the requirements of the Civil Procedure Code of the Republic of Armenia and the Law of the Republic of Armenia “On commercial arbitration”, may be submitted to the resolution of the arbitration tribunal, where the employee and employer have concluded an agreement, or where the collective agreement provides for a possibility to submit the dispute to the arbitration tribunal. […] An arbitration agreement does not restrict the right of an employee to submit to the court the dispute arising from the employment contract, except when the arbitration agreement has been concluded after the dispute has arisen and the parties have unconditionally agreed to submit the dispute to the resolution of the arbitration tribunal.
Length of procedure:
▶ Labour Code (LC)
→ Section 265 LC provides that the employee shall have the right to apply to court within one month following the receipt of the individual legal act (document).
▷ There is no general statutory reverse burden of proof placing the full onus on the employer in ordinary unfair dismissal cases.
▷ No information was found in the examined materials in this respect.