What Employers Can Do Starting October 1: A Lawyer Explains

In the case of illegal termination, you will be forced to pay the entire annual compulsory idle amount in a lump sum at least one year later, in addition to legal expenses. This was stated by lawyer Robert Hayrapetyan on his Facebook page.

"What can employers do starting October 1, when the Minister of Health of Armenia has imposed an illegal obligation on them with decree No. 65-N dated August 20, 2021, while they are diligent and do not want to violate the RA Labor Code? According to Part 2 of Article 3 of the Labor Code, labor rights can only be restricted by LAW, which is not the case here.

According to Article 33 of the Labor Code, state control over compliance with other normative legal acts containing labor legislation and labor rights norms is exercised by authorized supervisory bodies, applying measures of responsibility in cases provided by LAW. According to Government Decision No. 718-N dated April 30, 2020, relevant inspections by the supervisory body must be carried out with a checklist, which is signed at the end by the inspector and the economic operator (employer).

Do not sign the checklist after it has been filled out, noting at the end that you disagree with the recorded violation on the grounds of its ILLEGALITY. Request to send the act regarding the fine via postal service, and then appeal it through the hierarchy; if there is no result, proceed with legal action.

This decree violates the principle of proportionality established by the Constitution of Armenia (Article 78) as well as several essential provisions of Article 57 of the Constitution (the right to freely choose work and labor rights) and the RA Labor Code.

The state is permitted to impose limitations on human rights and freedoms as far as necessary and appropriate for the realization of other constitutional rights. The 'legalist' Minister of Health, who today speaks about manipulating with fantastic nonsense, cites the 'Law on Medical Assistance and Services for the Population' in all interviews, yet the decree he signed contradicts at least Article 25 of that law, which states that everyone has the right to refuse medical intervention in writing or to demand its termination.

Believe me, in the case of illegal termination, you will be forced to pay the entire year's compulsory idle amount in a lump sum at least one year later, plus legal expenses," the lawyer wrote.