ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us franšais | español
> GOVERNANCE - home > Employment protection legislation database - EPLex >

Armenia
 


Source and scope of regulations - 2018    

References
  • Labour Code [LC] of 9 November 2004, last amended by Law LA-109-N of 17.06.16 available only in Armenian on the following link: http://www.irtek.am/views/act.aspx?aid=150003
    Date: 23 Oct 2017; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • However, art. 116 LC defines collective dismissal for economic reasons as any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months. This leads in practice to the non applicabilty of collective dismissal regulation to enterprises with less than 10 workers.

Workers' categories excluded: none
Remarks:
  • Art. 7 LC

Types of employment contracts - 2018    

+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Art. 92 LC: the probationary period cannot exceed 3 months. However the probationary period up to 6 months may be established by law for some categories of workers.

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 95 LC regulates fixed-term contracts of employment (Article 95 amended by HO-117-N of 24.06.10, LA-96-N dated 22.06.15)

      Art. 101 LC provides the possibility to conclude a contract of employment of up to 2-month duration (temporary employment contracts)
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • Art. 95 LC

Substantive requirements for dismissals (justified and prohibited grounds) - 2018    

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 115 LC


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 113 LC


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
Remarks:
  • Art. 114 LC


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
Remarks:
  • Art. 119 provides that any elected representative of workers may be dismissed only with the authorization by the representative body of workers.

    On temporary work incapacity, see art. 118 LC


Procedural requirements for individual dismissals - 2018    

+ show references

Notification to the worker to be dismissed: written

Remarks:
  • Art. 115 LC

Notice period:
    • tenure ≥ 5 years
      • 35 day(s).
    • tenure ≥ 10 years
      • 42 day(s).
    • tenure ≥ 20 years
      • 60 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 115 LC - in case of non-respect of the notice period, the employer must compensate the worker for each day of the notice period on the basis of worker' average wage.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Remarks:
    • Art. 119 provides that any elected representative of workers may be dismissed only with the prior consent of representative body of workers.

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2018    

    + show references

    Definition of collective dismissal (number of employees concerned):
    The collective dismissal for economic reasons is any dismissal concerning at least 10 workers or more than 10% of the workforce during the period of 2 months.

    Remarks:
    • Art. 116 LC

    Prior consultations with trade unions (workers' representatives): No

    Notification to the public administration: Yes

    Remarks:
    • Art. 116: The employer must, 2 months in advance, inform the public employment service on the number of contemplated collective dismissals for economic reasons.

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 116: The employer must, 2 months in advance, inform workers' representatives on the number of contemplated collective dismissals for economic reasons.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Art. 113: Before any dismissal for economic reasons, the employer must propose to the worker any transfer or vocational training within the available possibilities in the enterprise.

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2018    

    + show references

    Severance pay:
    Remarks:
    • Art. 129 LC

    • tenure ≥ 1 year: 10 day(s)
    • tenure ≥ 5 years: 25 day(s)
    • tenure ≥ 10 years: 30 day(s)
    • tenure ≥ 20 years: 44 day(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2018    

    + show references

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    If the worker's reinstatement is impossible, the tribunal obliges the employer to pay the worker the average wages for the period of the "imposed non-work" since the date of the dismissal.

    Remarks:
    • Art. 265 LC

    Reinstatement available: Yes

    Remarks:
    • Art. 265 LC

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): ordinary courts

    Remarks:
    • Art. 264 LC

    Existing arbitration: No

    Length of procedure:

    Remarks:
    • Art. 265: the worker may bring a complaint about his or her dismissal to the tribunal within the period of two months after receiving the notification about the termination of his or her employment.

    Source of additional information - 2018    

    + show references