“Heritage”’s proposals
"Heritage" parliamentary faction today sent the National Assembly Chairman an RA draft law "On making changes in and additions to the RA Labor Code" presented by MPs Raffi Hovhannisian, Styopa Safaryan, Larisa Alaverdyan, Anahit Bakhshyan, Armen Martirosyan and Zaruhi Postanjyan. According to the RA law "On The NA Rules and Regulations", the NA Chairman must officially place the draft law into circulation within two days.
The adoption of the RA draft law "On making amendments in and additions to the RA Labor Code" is due to the need for matching the RA Labor Code with Article 7 and other provisions stated in the "Revised European Social Charter" adopted and ratified by the Republic of Armenia, and the demands stated in the Convention "On Minimum Age".
"Heritage" proposes:
reflect in the code Article 7 of the Charter, which establishes that "there should be a difference between workers under the age of 18 not only for permanent and temporary tasks, but tasks that are considered light. With the draft law, it is proposed that the RA Government confirm the list of light tasks. "Since 14-year olds are still in the process of formation, engaging them in work may lead to serious dangers, and may very likely lead to severe changes in their organisms" (European Social Charter, Strasbourg, 3 May 1996, Article 7-The Right of Protection of Children and Youth). With that said, the MPs propose to prescribe in the RA Labor Code that
1. ensure the age of 15 as the minimum age for employment, except for children who carry out light tasks without hurting their health, moral image or education,
2. ensure the age of 18 as the minimum age for getting employed.
-set social warrants for pregnant workers, caretakers and those with adolescent children, emanating from the provisions stated in Article 48 of the RA Constitution according to which, one of the main objectives of the government is to protect families, mothers and children (addition to the Code with Article 116.1).
-rule out whimsical actions of the employer to terminate a working contract due to lack of confidence in the employee.
-set limits on the employer's possibility of whimsically ending the working contract in the case of major changes of conditions.
-specify the norm of the Code stating that a person may be dismissed, if he or she has been deprived of the right to complete the task in that concrete period (Point 7, Article 109 of the Code).
-set as many limits on employers' whimsical approach to dismissing employees based on lack of confidence (addition of Point 6, Article 113 of the Code).
-rule out age discrimination, particularly by the existing legislation, the age may serve as grounds for dismissal, and this contradicts Article 14.1 of the RA Constitution.
-consider Article 123 of the Code on terminating working contracts without notifying the employee as out of force. We believe that in any case, the employee must be sent a written notification of the grounds for dismissal.
-set additional advantages for workers under the age of 18, taking into account the age, physiological attributes and the moral right to use all privileges (addition to Article 151 of the Code).
-defend the rights of persons taking care of children up to three years old during their vacation in order for them to not be unemployed in the case of the reduction of the organization's production and employees. This change will not allow the dismissal of employees that contribute to the increase of population and will help the employee feel secure during his or her vacation.
