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Armenia - Working time - 2011


LAST UPDATE

29 August 2011

SOURCES


Name of Act

The Constitution of the Republic of Armenia, of 5 July 1995.

Name of Act

Labour Code of the Republic of Armenia, adopted on 9 November 2004
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Name of Act

The Law of the Republic of Armenia on the Child’s Rights

LEGAL DEFINITIONS


Working time/working hours

Working time shall be any period, which the employee must do work assigned to him, as well as other period of time equivalent to it.
Labour Code Art.137

Employee/worker

Employee is the capable citizen that has reached the age defined by this Code who performs certain work for the benefit of employer by certain specialty, qualification or position.
Labour Code Art.17

Employer

Employer is the participant of labor relations, natural person or legal entity, that uses labour of citizens on the basis of labour contract and/or in a procedure defined by law.
Labour Code Art.18

Overtime/overtime work

Overtime work is such work which is being done exceeding the normal working time.
Labour Code Art.144.1

Night work(er)

Night work means the work performed in the in the interval between 10 p.m. to 6 a.m.
Labour Code Art.148.1

Young worker

Young worker is the worker who have at least 16 years old and in exceptional cases 15 years old.

Under the Labour Code, 14 to 16 years old citizens that have not reached their legal age who are working under a labor contract with the consent of one of the parents, adopter or guardian are considered as working citizens.
Child’s Rights Law 19
Labour Code Art.17

NORMAL HOURS LIMITS


Daily hours limit


General limit

A daily period of work must not exceed 8 working hours, except for the cases stated by law, other normative legal acts and the collective contract.
Labour Code Art.139.2

Exceptions

The duration of working time of specific categories of employees (of health care, care (custody), child care institutions, specialised electricity gas heating supply organizations, specialized communications services and specialised services for elimination of the effects of accidents etc.), as well as of watchmen in premises may be up to 24 hours per day. The duration of working time of such employees must not exceed 48 hours per week, and the rest period between working days must not be shorter than 24 hours.

The duration (including breaks for rest and lunches) of the daily working time of employee having two or more employment contracts with the same employer or with different employers may not exceed 12 hours per day.

The duration of the working day is reduced in one hour on the eve of no-working holidays and commemoration days with the exception of part time employees. In case of weeks with 6 working days the duration of work on the eve of non-working days shall be not more than 5 hours.
Labour Code Art.139.4),5), 147

Weekly hours limit


General limit

Working time duration may not exceed 40 hours per week.
Labour Code Art.139

Exceptions

Shorter working time is set for employees, who work in an environment where it is not possible to reduce the allowed level of harmful factors to the level defined by legal acts on safety and health of employees due to technical or other reasons. In this case the working time is defined not more than 36 hours.
Shorter working time is also provided for employees performing work involving heavy mental and emotional strain.
Labour Code Art.140.1.2),2

Special categories


» Young workers

Shorter working time is set for young workers: persons aged between 14 and 16 the limit is set in 24 hours of work per week, and for those between 16 and 18 in 36 hours per week.
Labour Code Art.140.1

OVERTIME WORK


Criteria for overtime


General

Overtime work is such work which is being done exceeding the normal working time, and which an employer may apply only in exceptional cases:
1) when the work to be performed is necessary for national defence, as well as prevention of natural disasters, technological accidents, epidemics, casualties, fires and other circumstances of extraordinary nature or measures aimed at eliminating their impact;
2) when it is necessary to finish the work started, which could not have been finished during the normal working time due to unforeseen or accidental obstacles, and if the interruption of work may result in the deterioration, elimination of production materials or breakdown of equipment;
3) when the work to be performed is related to repair or renovation of the mechanisms and equipment, the breakdown of which caused interruption of the work of significant number of workers;
4) when the shift worker has not come to work , which may lead to impediment of the continuity of work. In such cases the employer or his representative must immediately undertake measures of replacing the absent person with another employee;
5) when loading and unloading and other related transportation work is being performed, when it is necessary to vacate warehouses of the organization, as well as to prevent or eliminate the accumulation of freight in dispatch and designation points;
6) there is urgent necessity to fulfil contractual obligations of the employer.
Labour Code Art.144.1, 145

Limits on overtime hours


General limits

The overtime work may not exceed 12 hours daily including the breaks for rest and lunches with the consent of the parties, and must not exceed 48 hours per week.

In addition, when overtime works are at the request of the employer, they shall not exceed 4 hours during two successive days and 120 hours per year. In case of the consent of the parties the duration of the overtime work jointly with normal working time can not be exceed 12 hours during two days following each other.
Labour Code Art.139.3.1),2), 146

Restrictions/exceptions

Work of managerial officials exceeding the set working time, shall not be considered to be overtime work. The list of such positions is established collective contract by internal code of conduct.
Work of political, conceptual or civil officials, as well as the officials of the first subgroup (if it is available) of supreme and senior groups of other public (special) and local self governance bodies shall not be considered to be overtime work.
Labour Code Art.144.5

Compensation for overtime work

A supplement amounting to not less than one and a half times more than the hourly rate is defined for overtime and night work.

The remuneration for every hour of overwork agreed between the parties is not less than the defined hourly rate of the employee.
Labour Code Art.184

Special categories


Shift work

It shall be prohibited to assign one employee two shifts in succession.
Labour Code Art.142.4

Young workers

Overtime work cannot be assigned to persons under 18 years of age; to persons who are studying in secondary and vocational schools without interrupting work on study days.
Labour Code Art.144.3

Pregnant workers/recent birth

Pregnant women, women who are taking care of children under one year of age, may be assigned to do overtime work only with their consent.
Labour Code Art.144.4

Disabled workers

Disabled people may be assigned to overtime work provided that this is not forbidden by medical conclusion.
Labour Code Art.144.4

SCHEDULES

Relevant provisions on schedules have not been identified.

REST PERIODS


Rest breaks


General provisions

Everyone shall have the right to rest.

Employees are provided with a break to rest and eat for not longer than 2 hours and not less than half an hour after the first half of the working day (shift) ends but not later than 4 hours after the start of the work.

The break for having a rest or eating is not included in the working time and the employee uses it at his own discretion. The employee has the right to leave the work place.

Proceeding from production conditions, in those types of work, where the break to rest and to eat is impossible, an employee shall be granted an opportunity to eat during the work.

The beginning and end of a break to rest and to eat shall be stated by the internal code of conduct, the work schedule, a collective contract and an employment contract.

Leisure time for each employee during the day and week shall be set under the internal organization code of conduct of the organization.
Constitution Art.33
Labour Code Art.152.1,2,4,5, art.142.1

Exceptions

In a six working day week, on the eve of non working rest days and public holidays, work may continue without a break to rest and to eat only where the duration of the working day does not exceed six hours.
Labour Code Art.152.3

Special categories


» Young workers

Employees under 18 years of age, who work for more than four hours, must be granted additional break of at least 30 minutes to rest during their working time.
Labour Code Art.153.2

Daily rest periods


Duration

The duration of uninterrupted rest between working days/shifts may not be shorter than 11 hours.
The beginning and end of a daily work (shift) shall be set under the internal organization code of conduct of the organization.
Labour Code Art.154, art.142.1

Special categories


» Young workers

The duration of daily uninterrupted rest of employees under 16 must be at least 14 hours, and not less than 12 hours for persons from 16 to 18 years of age and must fall in the time from 10 p.m. to 06. a.m.
Labour Code Art.154.2

Weekly rest periods


Duration


» General

A five day working week with two rest days shall be set for all employees.
Labour Code Art.142.2

» Exceptions

A six day working week with one rest day shall be set for employees of the organizations in which a five day working week is impossible due to the type of production or other conditions.
Labour Code Art.142.2

Day specified


» General

Sunday shall be the general rest day and where there are five working days in a week � Saturday and Sunday.
Labour Code Art.155.1

» Exceptions

For organizations, where work cannot be interrupted at the holiday, which is preconditioned by the need to provide services to the population (city transport, electricity, gas heating supply specialized organizations, theatres, museums, public catering etc.) the rest days are defined by Government of the Republic of Armenia.
Labour Code Art.155.2

Work on weekly rest day


» Criteria

It shall be prohibited to assign work on rest days, with the exception of work which cannot be interrupted on technical grounds, which is necessary for the provision of services to the population, as well as work involving urgent repair loading and unloading. Pregnant women, the employees raising a child under the age of one year and persons under eighteen may be assigned work on rest days only upon their consent.

At organizations where work cannot be interrupted on technical grounds or because of the need for continuity of services to be provided to the population, as well as at other organizations of uninterrupted production rest days shall be provided on other week days in succession to each group of the employees in accordance with the work schedules.
Labour Code Art.155.3,6

» Compensation (for working on a rest day)

Where the aggregate working time is calculated, employees shall be provided with rest days in accordance with work/shift schedules, which shall not be shorter than 35 hours.

The pay for work scheduled on a rest day shall be the double rate of hourly (daily) pay or remuneration.
Labour Code Art.155.4,5, art.185.2

Special categories


» Young workers

Persons under eighteen years of age must be provided with at least two rest days per week.
Labour Code Art.155.7

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

Annual leave shall be a period calculated in calendar days granted to an employee for rest and rehabilitation of working capacity , during which his job/position and the average wage is retained.
Labour Code Art.158

Qualifying period

Annual leave for the first working year shall be granted as a rule, after six months of uninterrupted work at the organization. For the second and subsequent working years annual leave shall be granted at any time of the working year in accordance with the schedule of granting annual leave.

However, before the expiry of six months of uninterrupted work, annual leave shall be granted at the request of a female employee before a maternity leave or after it, and in other cases laid down by the collective contract.
Labour Code Art.164.1, art.164.3

Duration


» General

Generally, the duration of annual leave shall be 28 days.

Extended annual leave up to 35 calendar days shall be granted to certain categories of employees whose wok involves great nervous, emotional and intellectual strain and professional risk.

In addition, an extra annual leave may be granted to the employees working in dangerous and harmful conditions, for employees with unregulated schedules, and for employees doing work of special nature.
Labour Code Art.159,160,161

Payment


» Amount

The employer pays the average wage to the employee for annual leave, which is calculated by multiplying the average daily wage of the employee with the number of days of the leave being provided.
Labour Code Art.169

» Date of payment

The pay for annual leave shall be paid at least three calendar days before the commencement of annual leave. Where the pay due to the employee is not paid at the defined period not through the fault of the employee, annual leave shall be extended by as many days the pay was delayed, and the pay for the extended period shall be the same as the pay for annual leave.
Labour Code Art.169.2

Schedule and splitting

The procedure of making the schedule shall be stipulated in a collective contract, and where such agreement is not made, the schedule of annual leave shall be made by agreement of the parties.

The annual leave may be provided in parts by the request of the employee. The duration of each part of the leave may not be less than 14 days.
Labour Code Art.163,164.2

Special categories


» Young workers

After six months of uninterrupted work at an organization, under 18 years of age workers shall be entitled to choose the time of annual leave with priority.
Labour Code Art.164.4

» Pregnant workers/recent birth

After six months of uninterrupted work at an organization, pregnant women and employees raising a child under the age of fourteen shall be entitled to choose the time of annual leave with priority.
Labour Code Art.164.4, 2)

» Part-time work

Annual leave shall not be shortened for employees working part-time. Therefore part-time workers are entitled to enjoy 28 days of annual leave.
Labour Code Art.159.2

PUBLIC HOLIDAYS


Number and dates

In the Republic of Armenia the holidays and memory non working days are the following:
1) December 31. January 1 and January 2 -New Year; 2) January 6- Christmas; 3) January 28 -Day of the Army; 4) March 8- Women’s Day; 5) April 24-Commemoration day of Genocide Victims; 6) May 1- Day of Labour; 7) May 9-Day of Victory and Peace; 8) May 28 -Holiday of Republic; 9) July 5 -Day of the Constitution; 10) September 21- Day of Independence.
Labour Code Art. 156

Work on Public Holidays


» Criteria

It shall be prohibited to involve employees to work on holidays, with the exception of work which cannot be interrupted on technical grounds needed for providing services to the population as well as work involving urgent repair loading and unloading.

Pregnant women, the employees raising a child under the age of one year and persons under eighteen may be assigned work on rest and memory days only upon their consent.
Labour Code Art.156.2

» Compensation

The work performed on a public holiday, unless it is not envisaged in the work schedule, is paid for in the amount not less than the double hourly (daily) rate or the double remuneration rate, or it shall be compensated for by granting the employee another rest day during the month or by adding that day to his annual leave.
Labour Code Art.185.1

EMERGENCY FAMILY LEAVE

Unpaid leave shall be granted at the request of the employee:
1) to the employees at maternity or delivery leave, as well as to the husband of a woman who takes care of a child under 1 and duration of that leave cannot be longer, than two months;
2) to the disabled employee or to the employee taking care of a sick member of the family within the terms established by the medical conclusion, however, not longer, than within 30 calendar days a year.
3) for a marriage- three calendar day;
4) for funerals of a family member at least three calendar days.
Labour Code Art.176.1

PART-TIME WORK


General provisions

Part daily working time or part weekly working time shall be set:
1) by agreement between the employee and the employer;
2) by request of the employee due to his/her health status in accordance with medical conclusions;
3) on request of a pregnant woman and an employee raising a child until it reaches one year of age;
4) on request of a disable person based on the medical conclusion;
5) on request of an employee nursing a sick member of his family, according to the medical conclusion , however no longer than for six months and for each day not longer, than the half of established working time.

To this respect, Part time work may be by agreement established by decreasing the number of working days per week or shortening a working day (shift), or doing both, if otherwise stipulated by the medical conclusion.

The children under the age of 16 shall not be allowed to work full time. The procedure and conditions for their hiring to a part-time job shall be defined by the law.
Labour Code Art.141.1)2)
Constitution Art.32

Schedule

The duration is established by the consent of the parties and can be included in the employment contract.
Labour Code Art.141.2)

Annual leave

Part time work shall not serve as a basis for any limitation when defining the duration of the annual leave, calculating the length of service, as well as during promotion, requalification and exercise of the labour and other rights of the employee.
Labour Code Art.141.3)

NIGHT WORK


Criteria for night work

Night time considered is time from 10 p.m. to 6 a.m.

Work shall be considered to be night work if three working hours of the work being done happen to be at night. The duration of night work is reduced by one hour.
Labour Code Art.148.1,2

Limits

Shorter working time shall be provided for employees working at night.
Labour Code Art.140.3

Schedule

Duration of the work at night shall not be shortened in case of continued production, as well as in cases when under employment contract the work is conducted at night.
Labour Code Art.148.5

Transfers

If it is established that work at night has harmed or may cause harm to the employee�s health, the employer must transfer the employee to day work.
Labour Code Art.148.6

Special categories


Young workers

Working at night shall be prohibited for persons less than 18 years of age.
Labour Code Art.148.3

Pregnant workers/recent birth

Pregnant women, and women taking care of a child under three years of age may be assigned to night work only with their consent.
Labour Code Art.148.4

Disabled workers

Working at night shall be prohibited for persons who are not allowed to work at night according to the medical conclusions.
Labour Code Art.148.3

SHIFT WORK


Schedule

Wherever possible, employee raising children under fourteen years of age without wife (husband) shall have the prior right to choose a shift.
Labour Code Art.142.5

ON-CALL WORK

Relevant provisions on on-call work have not been identified.

FLEXITIME

Relevant provisions on flexitime work have not been identified.

CASUAL WORK

Relevant provisions on casual work have not been identified.

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on short-time work have not been identified.

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on right to change working hours have not been identified.

INFORMATION & CONSULTATION

Relevant provisions on information and consultation have not been identified.

Results generated on: 16th April 2014 at 06:29:35.
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