Termination of employment contracts in Armenia is regulated by the Labor Code of the Republic of Armenia. It's essential for both employers and employees to understand these regulations.

Lawful Grounds for Dismissal

The Labor Code of Armenia specifies the grounds on which an employer can lawfully terminate an employment contract:

At the Initiative of the Employer

• Liquidation of the Organization/Cessation of Activities (for Individual Entrepreneurs): Termination is allowed if the organization winds up or the individual entrepreneur stops business operations.
• Reduction in Staff: Downsizing or restructuring may warrant termination.
• Inconsistency with the Position or Work: An employee's skills, competence, or performance may be deemed inadequate for the job.
• Systematic Failure to Fulfill Job Duties: Repeated failure to uphold duties outlined in the employment contract, despite warnings, may lead to termination.
• Loss of Trust: Termination is permitted if the employer has a justified reason to question the employee's reliability or trustworthiness for the position.
• Appearance at Work under the Influence: Showing up intoxicated (alcohol, drugs, etc.) or in a state inhibiting work functions.
• Absenteeism Without Good Cause: Prolonged or repeated absence from work without a valid reason may result in dismissal.

At the Initiative of the Employee

• An employee may choose to resign by providing written notice (specific terms vary based on the employment contract or the Labor Code).

Notice Requirements

Notice periods vary depending on the grounds for termination and the type of employment contract:

• Mutual Agreement: Terms are set by the agreement between the employer and employee.
• Fixed-Term Contracts: Generally require a 10-day written notice before expiration.
• Termination by Employer Initiative: Notice periods vary, consult the Labor Code for detailed provisions based on the reason for dismissal.
• Termination by Employee Initiative Typically, a 1-month written notice is required.

Severance Pay

Armenian law mandates severance pay in some instances of termination by the employer. The amount depends on the reason for dismissal and the employee's length of service. Instances where severance pay is typically required include:

• Liquidation of the organization
• Reduction in staff
• Inconsistency with the position

Armenia has made significant progress in establishing legal protections against discrimination. Although the country's comprehensive anti-discrimination legislation is still in the works, the Constitution and specific laws uphold the principle of equality and prohibit discrimination in certain areas.

Protected Characteristics

Armenia's anti-discrimination protections cover several characteristics. Constitutionally protected characteristics include race, sex, nationality, ethnic origin, religion, language, political or other opinions, social origin, property status, and birth or other status. Other laws protect against discrimination based on disability, health status (including HIV status), and age (in the context of employment).

Redress Mechanisms

Despite the absence of a single, comprehensive anti-discrimination law, there are avenues of redress for those who experience discrimination. The Human Rights Defender (Ombudsman) in Armenia plays a role in receiving and investigating complaints of discrimination. The Defender may engage in mediation or make recommendations to address the situation. Discrimination cases can also be pursued through the Armenian court system, particularly when seeking compensation for damages. Some forms of discrimination may have specific redress mechanisms. For instance, the Law "On Ensuring Equal Rights and Equal Opportunities for Women and Men" establishes a Council of Equality to address gender-based discrimination.

Employer Responsibilities

Even without comprehensive anti-discrimination legislation, employers in Armenia have responsibilities in promoting non-discrimination and equality in the workplace. These include establishing policies that explicitly prohibit discrimination on the protected grounds listed above, ensuring that all aspects of employment are free from bias based on protected characteristics, taking proactive measures to prevent and address harassment in the workplace, and creating a safe and respectful environment for all employees. Employers are also responsible for sensitizing managers and employees about what constitutes discrimination and how to maintain an inclusive workplace.

Armenia adheres to specific regulations regarding working conditions, aiming to ensure a balanced and healthy work environment for employees. This guide explores key aspects, including work hours, rest periods, and ergonomic requirements.

Work Hours

Armenia establishes a standard workweek with limitations on maximum working hours:

• Normal Workweek: 40 hours per week, typically distributed across 8 hours per day (Monday through Friday).
• Maximum Daily Hours: Excluding breaks, the maximum working time cannot exceed 8 hours per day.
• Overtime Work: Overtime work requires employee consent and cannot surpass 48 hours per week, with a maximum of 12 hours per day.

Rest Periods

Armenian labor laws mandate designated rest periods for employees to prevent fatigue and ensure well-being:

• Daily Rest Break: A minimum uninterrupted rest break of 30 minutes is required within a 6-hour workday, with a longer break possible depending on specific work schedules.
• Weekly Rest: All employees deserve at least one uninterrupted rest day per week, typically Sunday.

Ergonomic Requirements

While there isn't a single codified law solely dedicated to ergonomics, Armenian labor regulations emphasize creating a safe and healthy work environment. This indirectly promotes ergonomic principles:

• Employer Obligations: The Labor Code mandates employers to provide a workplace that meets hygiene and safety standards. Ergonomics can play a significant role in achieving these standards by minimizing physical strain and preventing work-related musculoskeletal disorders.
• Inspections: The State Labor Inspectorate conducts workplace inspections to ensure compliance with health and safety regulations. Ergonomic considerations may be included within these inspections.

Armenia has a comprehensive framework of health and safety regulations that prioritize worker well-being. This framework outlines employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

Armenian workplace health and safety is primarily governed by Law No. 19587 on Hygiene and Safety at Work. This law mandates various employer obligations, including:

• Risk Assessment and Prevention: Employers are required to identify and assess workplace hazards proactively and implement preventive measures to minimize risks.
• Safe Work Environment: Employers are responsible for providing a physical workspace that prioritizes safety, including adequate ventilation, lighting, and sanitation.
• Personal Protective Equipment (PPE): Employers must provide employees with appropriate PPE for the specific tasks they perform.
• Training and Information: Employers must adequately train employees on health and safety procedures and inform them about potential workplace hazards.
• Medical Examinations: Depending on the nature of the work, employers may be required to provide periodic medical examinations for employees.

Employee Rights

Armenian law provides employees with fundamental rights regarding workplace health and safety:

• Safe Work Environment: Employees have the right to work in a safe environment free from foreseeable risks.
• Refusal of Unsafe Work: Employees can refuse to perform tasks they believe pose an imminent danger to their health or safety.
• Information and Training: Employees have the right to be informed about workplace hazards and receive proper training on health and safety protocols.

Enforcement Agencies

The Superintendencia de Trabajo de Armenia (STA) is the primary agency responsible for enforcing health and safety regulations in the workplace. The STA's responsibilities include:

• Conducting workplace inspections to ensure compliance with health and safety laws.
• Investigating occupational accidents and diseases.
• Imposing fines on employers who violate regulations.

Armenia also promotes the adoption of Occupational Safety and Health Management Systems (OSHMS) as outlined by the International Labour Organization (ILO).