FTC regulated: Yes

Remarks

▷ Note: Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC.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(2) Repealed by the Law HO-183-N of 3 October 2019 [those performing combined jobs];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(7) (point repealed by HO-160-N of 3 May 2023)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

Remarks

Note: ▷ Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC.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

Remarks

▷ 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

Remarks

▷ 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)

Remarks

▷ 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

Remarks

▷ 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):

Remarks

Prohibited grounds:

Workers enjoying special protection: