References
▷ Four laws amended the Labour Code in 2024. Three of them affect EPLex in 2024:
‣ HO-252-N of 22 May 2024 adds a fixed-term ground for learners in work-based training (§ 95(3)(4.1)).
‣ HO-364-N of 2 October 2024, in force 24 November 2024, caps pay for forced idleness at nine months where the employee has taken a new job (§ 265).
‣ HO-429-N of 24 October 2024 adds a three-day notice for the ground in point 14 of § 109(1) (§ 115).
‣ HO-525-N of 4 December 2024 amends the Code, but its relevant provisions enter into force in 2025 and 2026.
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 Laws: HO-252-N of 22 May 2024 ; HO-364-N of 2 October 2024, in force 24 November 2024; HO-429-N of 24 October 2024.
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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 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);
(4.1) learners undergoing practical training and performing certain work within the scope of work-based learning under vocational education and learning programme;
(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);
(4.1) learners undergoing practical training and performing certain work within the scope of work-based learning under vocational education and learning programme;
(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).
Valid grounds (justified dismissal):
Prohibited grounds:
Workers enjoying special protection: