Section 7. Worker Rights
The law protects the right of all workers to form and to join independent unions, except for noncivilian personnel of the armed forces and law enforcement agencies. The law also provides for the right to strike, with the same exceptions, and permits collective bargaining. The law mandates seven days’ notification and mandatory mediation before a strike, as well as the agreement of two-thirds of the workforce obtained in a secret vote. The law stipulates that worker rights may not be restricted because of membership in a union. The list of justifiable grounds for firing a worker, enumerated in the labor code, does not include union activity.
In 2018 a law on government structure came into force changing the Health Inspection Body, which was tasked with ensuring the health and occupational safety of employees, to the Health and Labor Inspection Body (HLIB). The HLIB had limited authority to conduct occupational safety and health inspections during that time. There were no other state bodies with inspection responsibilities to oversee and protect the implementation of labor rights. The government did not effectively enforce laws on freedom of association and collective bargaining and has not established which entity should have responsibility for enforcing these laws. On December 4, the National Assembly adopted changes to the labor code reviving the state oversight function of the HLIB and penalties for labor code violations to come into effect in July 2021.
Labor organizations remained weak because of employer resistance, high unemployment, and poor economic conditions. Experts reported that the right to strike, although enshrined in the constitution, is difficult to realize due to mediation and voting requirements. Following the “Velvet Revolution,” trade unions emerged in the areas of education and research institutions.
The law prohibits and criminalizes all forms of forced and compulsory labor, although it does not define forced labor. While the government effectively prosecuted labor trafficking cases, resources, inspections, and remediation were inadequate to identify forced labor cases at large due to absence of an effective labor inspection mechanism. Penalties for labor trafficking were sufficiently stringent to deter violations.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
There are laws and policies designed to protect children from exploitation in the workplace. The law prohibits all of the worst forms of child labor. In most cases the minimum age for employment is 16, but children may work from age 14 with permission of a parent or a guardian. The law allows children younger than 14 to work in the entertainment sector. The maximum duration of the workweek is 24 hours for children who are 14 to 16 and 36 hours for children who are 16 to 18. Persons younger than 18 years may not work overtime; in harmful, strenuous, or dangerous conditions; at night; or on holidays. Authorities did not effectively enforce applicable laws. Penalties were insufficient to enforce compliance. The absence of worksite inspections conducted at the national level impeded the enforcement of child labor laws.
According to the Armenian National Child Labor Survey 2015 Analytical Report, conducted by the Statistical Committee and the International Labor Organization, 11.6 percent of children between ages five and 17 years were employed. Most were involved in the agriculture, forestry, and fishing sectors, while others worked in the sectors of trade, repair, transport, storage, accommodation, and food services. Children were also involved in the trade of motor fuel, construction materials, medication, vehicle maintenance and repair works. According to the survey, 39,300 children were employed, of whom 31,200 were engaged in hazardous work, including work in hazardous industries (400 children), in designated hazardous occupations (600 children), work with long hours (1,200 children), work that involved carrying heavy loads and distances (17,200 children) and, other forms of hazardous work (23,600 children).
Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .
d. Discrimination with Respect to Employment and Occupation
The constitution and the labor code prohibit discrimination based on sex, race, skin color, ethnic or social origin, genetic features, language, religion, political opinion, belonging to a national minority, property status, birth, disability, age, or other personal or social circumstances. Other laws and regulations specifically prohibit discrimination in employment and occupation based on gender. The government did not effectively enforce the law. There were no effective legal mechanisms to implement these regulations, and discrimination in employment and occupation occurred based on gender, age, presence of a disability, sexual orientation, HIV/AIDS status, and religion, although there were no statistics on the scale of such discrimination. Administrative penalties were not sufficient to deter violations.
Women generally did not enjoy the same professional opportunities or wages as men, and employers often relegated them to more menial or lower-paying jobs. While providing for the “legal equality” of all parties in a workplace relationship, the labor code does not explicitly require equal pay for equal work. According to a gender-gap study by the UN Population Fund, Diagnostic Study of Discrimination against Women, released in 2016, the gap between the average salaries of men and women in all economic spheres was almost 36 percent. The International Monetary Fund cited the gender pay gap in the country as being strikingly large. According to World Bank data released in 2016, more than one-half of women with intermediary education and one-third of women with advanced education did not participate in paid work. According to the 2017 World Bank study, Leveling the STEM Playing Field for Women, “cultural stereotypes about the work women should engage in and their responsibilities at home present the strongest barrier to equality between women and men” in the country. Women also represented a larger share of the registered unemployed, and it took them a longer time to find work.
Many employers reportedly practiced age and gender discrimination, most commonly requiring job applicants to be of a specific gender, age, and appearance. Such discrimination appeared to be widespread, but there were no reliable surveys, and authorities did not take any action to mitigate it. While there was little awareness of and no comprehensive reporting to indicate the scale of sexual harassment in the workplace, media reports suggested such abuse was common. Vacancy announcements specifying young and attractive women for various jobs were common. Unemployed workers, particularly women, who were older than 40 had little chance of finding jobs appropriate to their education or skills. LGBTI persons, persons with disabilities, as well as pregnant women also faced discrimination in employment. Religious minorities faced discrimination in public employment.
e. Acceptable Conditions of Work
The established monthly minimum wage was above the poverty income level. The law provides for a 40-hour workweek, 20 days of mandatory paid annual leave, and compensation for overtime and nighttime work. The law prohibits compulsory overtime in excess of four hours on two consecutive days and limits it to 180 hours in a year. The government established occupational and health standards by decree.
Authorities did not effectively enforce labor standards in either the formal or the informal sectors. According to lawyers, workers’ rights remained unprotected due to the absence of a viable labor inspection regime and lack of independent trade unions. While administrative courts were mandated to rule on labor-related cases within three months, few employees sought to apply to courts to reinstate their rights, due to legal costs, the complexity of the application process, as well as distrust of the judiciary. It was unclear if the overloaded courts were able to meet the legally required three-month window for those labor disputes that were submitted.
Many employees of private companies, particularly in the service and retail sectors, were unable to obtain paid leave and were required to work more than eight hours a day without additional compensation. According to representatives of some employment agencies, many employers also hired employees for an unpaid and undocumented “probationary” period of 10 to 30 days. Often employers subsequently dismissed these employees, who were then unable to claim payment for the time they worked because their initial employment was undocumented. According to a 2018 survey carried out by the local NGO Advanced Public Research Group, among 800 respondents only 47.7 percent of those employed by small businesses (20 percent of the respondents) had contracts. The survey also revealed problems related to inability to take paid annual leave and lack of compensation for overtime work.
Managers of enterprises that were the primary employers in certain poor geographic areas frequently took advantage of the absence of alternative jobs and did not provide adequate pay or address job safety and environmental concerns. As of 2017 nearly one-half of all workers found employment in the informal sector. According to official statistics, the government’s anticorruption efforts and active efforts by the tax authorities have led to a notable increase in the number of officially registered employees in the country.
In November 2018 the NGO Helsinki Committee of Armenia presented the results of a study conducted in 2017 on labor rights of teachers working in public schools that found problems with working conditions in terms of safety and health. Some teachers said they did not feel protected from psychological pressure exerted by the school administration and teachers hired to work through nepotism. Approximately one-half of the teachers had to find students to enroll in the schools and some had to ensure the participation of children in political events. According to the teachers, the least protected teachers in their schools were representatives of religious minorities, LGBTI teachers, and former convicts. There were several reports after the revolution that teachers who had voiced corruption concerns regarding school principals faced retribution and were fired. On June 11, a new trade union of teachers (Education and Solidarity) was registered.
During the past several years, there were consistent reports of labor law violations at the company formerly responsible for waste collection in Yerevan, but there were no reports that authorities imposed penalties on the company as a result. Safety and health conditions remained substandard in numerous sectors, and according to official information there were 16 fatal workplace incidents during the year. In light of high unemployment in the country, workers generally did not remove themselves from situations that endangered their health or safety. Authorities offered no protection to employees in these situations, and employees generally did not report violations of their rights.
On July 2, the workers of the Agarak Copper Molybdenum Mine began protests demanding compensation for overtime and for especially heavy and dangerous work, improved working conditions, and the provision of a safe working environment. According to media reports, after a long history of unaddressed grievances, the July protests were triggered by the refusal of mine leadership to address life-threatening stone falls and the demand that miners continue working despite the risk to their lives. The mine leadership claimed the strikes were illegal and demanded that protest organizers provide explanations for absence from work.