Employees Can Go to Work Without Testing Until October 15, Lawyer on the Law

Starting from October 1, the requirement for employees to provide a negative PCR test with a validity of 72 hours as an alternative to vaccination will not be in effect starting October 1. In an interview with ArmDaily.am, lawyer Robert Hairapetyan stated that the minister's order stipulates that a PCR test for coronavirus must be submitted every 14 days with a negative result. The order specifically states that it comes into effect on October 1, 2021.

“Article 28 of the Law on Normative Legal Acts of the Republic of Armenia establishes that the effect of a normative legal act extends to relations that have arisen after its entry into force. That is, the decision comes into effect on October 1, and after that, one must count 14 days. Thus, employees who do not get vaccinated by October 1 can confidently go to work and claim they have chosen the testing alternative. The obligation to get vaccinated arises for them on October 15, and until then, the requirement for testing is illegal,” he explained.

Recall that the order from the Minister of Health of the Republic of Armenia dated August 20, 2021, which amends previous orders from the Minister dated August 4, 2020, and September 18, 2020, stipulates that employees must provide a negative result from the PCR test for COVID-19 that is no more than 72 hours old every 14 days.

Hairapetyan also emphasized that the parliamentary opposition is contesting this decision in the Constitutional Court. The application has already been submitted to the Court.

“Now we are waiting for a procedural decision from the Constitutional Court, because we have submitted a request to suspend the mandatory vaccination or PCR test requirement until a final decision on the case is made by the Court,” he added.

The lawyer pointed out that they have justified in their application that although the government insists that vaccination is not mandatory, it includes an indirect coercion. In other words, a citizen is subjected to the obligation to either provide a PCR test every 14 days at their own expense or to get vaccinated. “Clearly, you are leaving the second option unfavorably, and in the case of today's average salary, the citizen will choose the path of vaccination, not to mention the reprisals, meaning that if you are not vaccinated, you will not receive bonuses. We have contested the requirement for mandatory vaccination against a person’s will,” he concluded.