Following the declaration of a
state of emergency in the country aimed at preventing the spread of Novel
Coronavirus disease (COVID-19), the Human Rights Defender received complaints
from numerous citizens claiming that their labor rights are not ensured.
Particularly, some citizens
claim that employers require them to go to work without ensuring the necessary
conditions for the prevention of the spread of the virus. In other cases,
citizens claim that employers urge or require them to submit requests for paid
and/or unpaid leaves, otherwise, they would have to resign. According to other
citizens, in order not to pay salaries to employees, employers maintain that
idleness had been caused by reasons considered as force majeure.
Given the mandate of the Human
Rights Defender, as well as the key legal requirements for the state of
emergency we record that:
• the employer has a primary obligation of ensuring а safe and
healthy work environment by providing with an opportunity to work remotely and
maintaining the salary,
• the abovementioned especially refers to the organization of
the work of employers who are over the age of 60 and/or have diabetes, cardiovascular
and respiratory diseases,
• the paid or unpaid leave is provided upon the employee’s
request or consent,
• during the idle time having occurred without any fault of an
employee, the employee is remunerated in the amount envisaged by law,
• during the idle time having occurred without any fault of an
employee, the employee may be offered another work that is not prejudicial to
their health and corresponds to their profession and qualification,
• while transferring an employee to another work for less pay
that corresponds to their profession, qualification and is not prejudicial to
their health during idle time, the employee's consent is required,
• if during forced idle the above-mentioned work is not
offered, the employer must pay the employee in the amount prescribed by law,
• the employer is not obliged to pay a salary for the idle time
occurred through the employee’s fault or in cases of force major prescribed by
the legislation of the Republic of Armenia.
We find it necessary to record
that there is no extrajudicial body for labor disputes in Armenia, and the
national legislation provides for the resolution of labor disputes in courts.
The employers must refrain
from acts violating the right to healthy, safe, and decent working conditions
prescribed by the RA Constitution.
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