SANCTIONS FOR NOT SETTING FORTH SALARY SIZE IN LABOR CONTRACT MUST BE TOUGHENED

ArmInfo
2009-12-10 12:35:00

ArmInfo. Sanctions for not setting forth salary size in labor contract
must be toughened to have real effect on employers, say UNDP Armenia
experts David Hakobyan, Tigran Serobyan and Artur Hambaryan. The
experts studied the practice of protecting human rights to labor
and fair terms of labor (stipulated by the International Covenant on
Protection of Economic Social and Cultural Rights) in the judicial
system of Armenia.

If an employer does not show the size of salary in the labor contract,
he has to pay minimal salary and a fine of 50,000 or 100,000 drams
(Article 169, RA Code of Administrative Offences). The experts
say employers prefer paying a minimal salary and a not big fine to
showing the salary size in the contract, whereas the compensation
must be based on the average salary for the given type of labor. In
particular, the court can rely on the National Statistical Service of
Armenia publishing relevant data. The experts came our for removal of
the provision allowing an employer to change the salary size in the
labor contract, in particular the Article 105 of the Labor Code. The
Article 84 of the Labor Code provides for changing the salary only on
the basis of the prior written consent of an employee. The Article 105
of the Labor Code allows an employer to change the salary without the
prior consent of his employees only if the conditions of compensation
for labor are changed by the Law or a collective contract. They say
that legislation must specify that a salary cannot be changed without
prior consent of an employee.