Dismissed Strike Employees from ZCMC Can Reclaim Their Jobs

The first part of Article 114, point 3 of the Labor Code of the Republic of Armenia prohibits the dismissal or termination of an employment contract at the employer's initiative if a strike has been declared beforehand. Nazeley Vardanyan, an environmental lawyer, stated this in an interview with Panorama.am.

For the ninth consecutive day, employees of the Zangezur Copper Molybdenum Combine (ZCMC) are on strike, demanding higher wages and improved working conditions. Contrary to the employees' demands, the management of the combine announced yesterday that eight individuals have been dismissed due to their participation in the strike.

According to the lawyer, such actions during an already declared strike are considered a violation of labor rights. “All individuals dismissed by the employer during the strike can appeal to the court and defend their rights, as this has been carried out in violation of the law, and they can restore their employment rights,” Vardanyan explained.

It is important to note that Arayik Margaryan, the head of ZCMC’s press and public relations department, informed Auroranews that the company’s production cycle has been disrupted for the sixth day due to illegal actions by approximately 150 employees. “The company’s employees have not reported to work, have not fulfilled their responsibilities, have blocked and shut down some infrastructures, and are demanding unrealistic wage increases, which has sabotaged the work processes at the company. As a result of these actions, the company and the remaining employees are suffering significant financial losses. The company has begun exercising its rights to hold those who violate their labor obligations accountable in accordance with the Labor Code of Armenia,” it was stated in the announcement.

Both the company and the union do not consider the aforementioned actions a strike, as all principles and requirements for declaring a legal strike have been violated. The Zangezur Copper Molybdenum Combine ensures its normal production activities by operating hazardous production facilities, and hindering their proper management can lead to serious consequences. Therefore, we demand that individuals refrain from such unlawful behavior and do not jeopardize the lives, health, and environmental safety of people,” the announcement highlighted.