Additional Breaks for Mothers of Children Up to 2 Years Old: Amendments to the Labor Code of Armenia

The Ministry of Labor and Social Affairs of Armenia plans to implement extensive changes to the Labor Code. Out of 266 articles, 122 will be amended. The draft has received approval from the Government.

The proposed changes aim to regulate the relationships between employees and employers, address issues arising from practical application of the law, and align the Code's regulations with Armenia's international obligations.

Specifically, it is proposed to review the grounds for terminating an employment contract at the employer's initiative, removing the basis for termination related to reaching retirement age (thus eliminating the justification for terminating a contract based on age). Additionally, the provisions regarding signing contracts with employees of retirement age will be clarified. Unlike the current rules, which do not allow employers to hire pensioners under indefinite contracts, the draft would grant this authority to employers.

In cases of workforce reduction (in cases of contract termination), a preferential right to remain employed will be established for former servicemen with disability pensions, as well as family members of deceased, missing, or recognized deceased servicemen (spouse, child, father, mother, sister, brother, grandmother, grandfather). Certain conditions will also be set for family members regarding this preferential right.

To ensure employees’ right to vacation guaranteed by the Code, if an employee avoids or declines their entitled annual leave or any part thereof for two and a half years without submitting an application, the employer must provide leave without the employee's application. There will also be a requirement for the employer to pay damages (0.15% of the employee's average monthly salary for each day beyond the deadline, but not exceeding the average monthly salary) if the employer fails to grant leave for around two and a half years.

Employees will be allowed to retain their job while on study leave for up to two years with employer consent, enabling them to enhance their professional qualifications or acquire new knowledge related directly to their work responsibilities at foreign educational institutions.

Further revisions are proposed regarding grounds for termination due to loss of trust in the employee. Termination will be allowed when an employee violates safety and health regulations during work, endangering lives and health, or when an employee illegally uses the employer's computer equipment or information systems for unauthorized access to work or personal data, which disrupts the normal operations of the employer.

The regulations concerning the employment of individuals under 18 will be specified. Child labor hours are expected to be revised and reduced, clarifying that children may only work outside of mandatory education hours.

It will be permitted for employees caring for children aged up to two years to reduce their working hours. Additionally, the provision allowing breastfeeding mothers to have additional breaks every three hours until the child turns one and a half years old will be amended. The breastfeeding condition will be removed, and it will be stipulated that beyond the regular breaks for rest and feeding, a woman with a child under two years will receive an additional break of at least half an hour every three hours, solely based on the child's age.

Furthermore, regulations are anticipated regarding collective labor relations, wage deductions and collections, contract termination cases, the definition of violence or harassment within labor relations, and several issues arising from practical application of the law.