Health Minister's Order is Illegal: Statement

The government is attempting to force employees to get vaccinated by affecting their finances. Meanwhile, the government has not taken effective measures to promote vaccinations, and its awareness campaign has been significantly delayed. The Council of the sectoral republican trade union of employees from state institutions, local self-governments, and public service providers in Armenia has issued a statement deeming the Health Minister's order illegal.

The statement reads: "The Republican Collective Agreement signed between the Government of the Republic of Armenia, the Confederation of Trade Unions of Armenia, and the Republican Union of Employers of Armenia stipulates that drafts of normative legal acts containing labor legislation and norms of labor rights must be discussed with social partners, especially concerning the protection of the essential rights and interests of employers and employees. However, without any discussion, amendments have been made by order No. 65-N of the Minister of Health of the Republic of Armenia dated August 20 to the minister's order No. 17-N from August 4, 2020, on the approval of the sanitary rules SK N 3.1.2-001-20 to prevent the spread of the coronavirus disease (COVID-19) in the Republic of Armenia.

It has been established that starting from October 1, all unvaccinated employees in all sectors of the Republic of Armenia must present the results of a PCR test, taken at their own expense, to their employer every 14 days, and the employer is obliged to make a note of this in the relevant register. Meanwhile, a draft to amend the Law on Public Service has been published on the unified website for the publication of legal acts, providing grounds for not allowing public servants to work in case of failure to present test results, and later also for dismissal from work.

We believe that the issuance of the Minister of Health's order violates the Republican Collective Agreement signed on behalf of the Government by the Prime Minister. This order, as well as the draft amendment to the Law on Public Service, contradict not only the Labor Code of the Republic of Armenia but also violate constitutional rights of individuals. According to Article 60 of the Constitution of the Republic of Armenia, everyone has the right to own property acquired on legal grounds, to possess, use, and dispose of it at their discretion. According to Article 249 of the Labor Code, mandatory medical examinations are conducted during working hours at the employer's expense.

It is unacceptable to demand that employees spend a significant portion of their own income on testing. Even considering the importance of the issue for public health, placing this burden on employees amidst the current socio-economic challenges is unjustifiable.

Moreover, merely requiring employees to undergo testing every 14 days cannot serve a preventive role for the simple reason that many public servants and those providing public services do not limit their work to an office environment and interactions solely with colleagues; they interact with numerous other citizens, whom the government has not mandated to be tested. It is important to note that the new coronavirus (COVID-19) is transmitted via airborne droplets and through contact, spreading among the population without distinguishing between working and non-working citizens.

We believe that it would be sufficient for employees to have their temperatures checked, maintain social distance, and wear masks, and wherever possible, shift to remote work.

We emphasize that the government is trying to force employees to get vaccinated by impacting their wallets. Meanwhile, the government itself has not taken effective steps to encourage vaccinations, and its awareness campaign has been significantly delayed.

We call for the suspension of the illegal requirement imposed by the Minister of Health for employees to present test results and suggest that approaches to preventing the disease be discussed in the Tripartite Commission.