CDD regulados: Si

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▷ Note: Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC.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(2) Repealed by the Law HO-183-N of 3 October 2019 [those performing combined jobs];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(7) (point repealed by HO-160-N of 3 May 2023)

Razones de utilización legítima de CDD: razones materiales y objetivas

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Note: ▷ Law HO-160-N of 3 May 2023 (entered into force on 31 July 2023) repealed point (7) of subsection 3 of Section 95 of the LC.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

Número máximo de CDD consecutivos: sin restricción

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.

Duración máxima acumulativa de CDD consecutivos: sin limitación

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).

Duración maxima del periodo de prueba (en meses): 12 mes(es)

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: Si

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).

Obligación de motivar el despido: Si

Motivos autorizados (despido justificado):

Remarks

Motivos prohibidos: estado civil, embarazo, licencia de maternidad, responsabilidades familiares, presentación de una queja contra el empleador, enfermedad o accidente profesional temporal, raza, sexo, religión, opinion política, origen social, nacionalidad, edad, afiliación sindical y actividades sindicales, lengua, participación en una huelga legal, disfrute legal de licencias

Remarks

▷ 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).

Trabajadores que gozan de una protección particular (fuero): representantes de los trabajadores, mujeres embarazadas o con licencia de maternidad, trabajadores con responsabilidades familiares, trabajadores con licencia temporal por enfermedad

Remarks

▷ 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.

Forma de la notificación del despido al trabajador: escrita

Remarks

▶ 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.

Plazo de preaviso:

Remarks

→ 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. […].

duración de servicio ≥ 6 meses:

  • Todos: 14 día(s).

duración de servicio ≥ 9 meses:

  • Todos: 14 día(s).

duración de servicio ≥ 1 año:

  • Todos: 35 día(s).

duración de servicio ≥ 2 años:

  • Todos: 35 día(s).

duración de servicio ≥ 4 años:

  • Todos: 35 día(s).

duración de servicio ≥ 5 años:

  • Todos: 42 día(s).

duración de servicio ≥ 10 años:

  • Todos: 49 día(s).

duración de servicio ≥ 20 años:

  • Todos: 60 día(s).

Indemnización sustitutiva de preaviso: Si

Remarks

▶ 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.

Notificación a la administración: No

Remarks

▷ 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).

Notificación a los representantes de los trabajadores: No

Remarks

▷ 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).

Aprobación de la administración publica o de organismos judiciales: 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.

Acuerdo de los representantes de los trabajadores: 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.

Definición de despido colectivo (número de empleados afectados) Any dismissal affecting at least 10 workers or more than 10% of the workforce during a period of two months.

Remarks

▶ 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.

Notificación a la administración No

Remarks

▷ 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.

Notificación a los sindicatos (representantes de los trabajadores) Yes

Remarks

▶ 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.

Notificación a los representantes de los trabajadores: Yes

Remarks

▶ 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.

Acuerdo de los sindicatos (representantes de los trabajadores) No

Remarks

▷ No approval by the public administration or judicial bodies is required for collective dismissals.

Acuerdo de los representantes de los trabajadores No

Remarks

▷ No approval by workers’ representatives is required for collective dismissals.

Reglas de prioridad para los despidos colectivos (consideraciones sociales, edad, años de servicio) No

Remarks

▷ No statutory priority rules based on social considerations, age or job tenure were found for the selection of employees in collective dismissals.

Obligación del empleador de considerar solucionés alternativas al despido (transferencia, formación...) No

Remarks

▷ No statutory priority rules for re-employment of workers dismissed for economic reasons were found in the examined provisions.

Reglas de prioridad para la re-contratación Yes

Remarks

▶ 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:

Remarks

▷ 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 meses: 10 día(s).

tenure ≥ 9 meses: 10 día(s).

tenure ≥ 1 año: 25 día(s).

tenure ≥ 2 años: 25 día(s).

tenure ≥ 4 años: 25 día(s).

tenure ≥ 5 años: 30 día(s).

tenure ≥ 10 años: 35 día(s).

tenure ≥ 20 años: 44 día(s).

Redundancy payment:

Remarks

▶ 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 meses: 1 mes(es).

tenure ≥ 9 meses: 1 mes(es).

tenure ≥ 1 año: 1 mes(es).

tenure ≥ 2 años: 1 mes(es).

tenure ≥ 4 años: 1 mes(es).

tenure ≥ 5 años: 1 mes(es).

tenure ≥ 10 años: 1 mes(es).

tenure ≥ 20 años: 1 mes(es).

mineros: 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.

: Si

▶ 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).

Si

▶ 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).

Compensación por despido injustificado - límites legales (techo calculado en meses o método de calculo): ▷ 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).

directores/ gerentes: Si

▶ 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).

policía: 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.

Arbitraje: Si

▶ 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.

Duración del procedimiento:

▶ 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.