Ministerial Order Effective October 1 is Unlawful

Starting from October 1, all business operators will be required to present a negative PCR test result every two weeks from their employees. “Vaccinated citizens, pregnant women, or those with documented contraindications are exempt from this requirement,” stated the order.

According to the Armenian Minister of Health's order dated August 20, 2021: “8.1. Employees must present a negative result of the polymerase chain reaction test for coronavirus (COVID-19) every 14 days, with a maximum age of 72 hours, as certified by the Minister of Health’s order No. 2688-L dated August 10, 2020 (hereinafter referred to as the certificate), except for fully vaccinated individuals, those vaccinated with one dose, employees with documented absolute contraindications, and pregnant women. The certificate is registered in a log established by Form 4, and a copy is kept. The PCR test is carried out at the expense of the employee.

However, legally, the minister's order exceeds her authority since, according to Article 249, Clause 6 of the Labor Code of Armenia, mandatory medical examinations must take place during work hours and at the employer's expense. Thus, the order is unconstitutional and violates the rights of employees.

In an interview with Auroranews, lawyer Tigran Sargsyan urged citizens to approach the court if necessary. It is noteworthy that after a government meeting today, Minister of Health Anahit Avanesyan assured that there is no issue regarding the law. “Employers who do not require tests will also face penalties. The consequence will be in the presence at work; subsequently, that organization will face certain fines and penalties. If an employee does not show up for work for a certain period, the employer has the right to terminate the employment contract,” Avanesyan stated, emphasizing that everything is being done within the framework of the Constitution and the law.