Society

VIDEO: In Which Cases an Employer Can Prevent You from Working and What You Can Do in Case of a Ban - President of the Chamber of Advocates

The President of the Chamber of Advocates and member of the "Free Will" initiative, Ara Zohrabyan, published a video on his Facebook page, noting:

"In our opinion, no, for at least two reasons: 'Can an employer prevent an employee from going to work after October 1? First, according to part 1 of Article 108 of the Labor Code, the employer cannot prevent an employee from working unless stipulated by law, and the order of the Minister of Health, fortunately for us, is not law, although it has such aspirations.

Second, according to the order of the Minister of Health, employees are required to present a certification of the diagnosis of the coronavirus disease every 14 days. As you can see, it states every 14 days. The order comes into effect on October 1, therefore the calculation will be made from the following day. In our opinion, all employees have until October 2 to present their first PCR certificate within a 14-day timeframe.

This time will be sufficient for us to organize advocacy actions. Soon, we will publish the information of the lawyers you can contact for free if your rights are violated.

I will address the topic concerning employers in the coming days. I must only note that if an employer restricts the rights of an employee based on the order of the Minister of Health, they may face serious damages.

SUMMARY:
  1. If on October 1 the employer demands a PCR certificate, you can insist that you still have 14 days to present the first PCR certificate.
  2. If the employer does not allow you to work, make sure to create evidence materials, for example, write a letter to the employer stating that they are not allowing you, while you are ready to work, and also contact the 'Free Will' initiative.
  3. If the employer initiates a disciplinary process against you, then contact the 'Free Will' initiative at [email protected], or call 010 440333.
  4. In the coming days, we will announce our further action plan."

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