Employer Granted Right to Dismiss and Withhold Payment for Employees Not Presenting Vaccination or Testing Documents

The government made a decision during its regular session on November 4 regarding amendments to the Labor Code and the Law on Public Service. The proposed bills suggest making additions and changes to the Code and the Law that specifically define the grounds for preventing an employee from working, unilaterally terminating an employment contract by the employer, and not allowing public servants or public officials to work or terminating their powers.

According to the proposed regulations, one of the grounds for not allowing an employee to work (serve) is the absence of documents that are a necessary condition for workplace attendance, established by sanitary and epidemiological safety rules. Moreover, according to the mentioned rules and those determined by the Minister of Health, the employee can choose the preventive measure necessary for their attendance at work—be it a document confirming a test result or, if they wish, a vaccination certificate, and in case of contraindications, a medical note.

Notably, the proposed regulations allow employees and public servants a reasonable period to change their behavior to avoid the adverse consequences stipulated in the bills. Only if this condition is not met within the specified deadlines is there a basis for unilaterally terminating the employment contract, and the powers of a public official must be terminated, or they must be dismissed from their position—specifically, if the person fails to perform their work duties due to the aforementioned grounds for more than 10 working days (shifts) consecutively or during the last three months, more than 20 working days (shifts) without performing their work duties.

It should be noted that the specified 10 and 20 working days are established to ensure the uninterrupted operation of employers' economic activities and the proper execution of functions carried out by public authorities, as well as the proper functioning and implementation of labor relations. At the same time, exceptions to the implementation of these regulations have been set for certain public positions, justifying the inclusion of individuals whose positions are either elective or appointed through constitutional processes or who, due to their status and the specifics of the positions they hold, do not actually have a superior authority or official that appoints or dismisses them at the same time.

By adopting these bills, it is expected to ensure the proper functioning and implementation of labor relations, the fulfillment of functions by their subjects, the uninterrupted conduct of economic activities by employers, stability in the economy of the state, and the proper execution of functions by public authorities, which stems from public interests and the state's positive obligations. At the same time, the aim is to prevent the spread of the coronavirus disease in the Republic of Armenia, form collective immunity against this disease, and ensure a sufficient level of public health, contributing to the health protection of individuals.

It is also noted that the drafts have been developed jointly by the Ministry of Justice of the Republic of Armenia and the Ministry of Labor and Social Affairs of the Republic of Armenia.