RA GOVERNMENT, NGOS, TRADE UNIONS CLASH OVER LABOR CODE

news.am
May 5 2010
Armenia

The Committee on Social Affairs, RA Parliament, held a heated debate
on draft amendments to the RA Labor Code.

Participating in the debate were government officials, trade unionists
and NGOs’ representatives.

Over 90 amendments to the Labor Code are have been drafted. However,
the point on verbal labor contracts in Armenia sparked off the fiercest
debates. Trade unionists and NGOs’ representatives stated that the
amendment will boost shadow employment and violations of workers’
rights by employers. In response, RA Deputy Minister of Labor and
Social Security Hayk Petrosyan pointed out that verbal contacts are
only possible with mutual consent of both the employer and employee. "A
written contract has to be concluded should one of the sides disagree,"
he said. A logical question arises: why introduce verbal contacts
at all?

Another confusing point for the Committee members was the one on child
labor. Petrosyan, however, pointed out numerous cases of children aged
5, 7 and 10 being wage workers. Thus, by making a relevant amendment
to the RA Labor Code, the Government protects working children. He
stressed that the document rules out the possibility of children doing
work detrimental to their health. Also, at least one of the parents is
supposed to give his or her written consent to the child’s employment.

However, trade unionists proposed that both parents’ signatures be
available in this case.

The point on pregnant women’s rights was another controversial issue.

Specifically, an employer cannot dismiss a pregnant woman. However,
the Committee members pointed out the document does not say anything
about the post-childbirth leave. The Government’s representative
assured the Committee that a woman working under an open-ended contract
cannot be dismissed during three years after childbirth. The trade
unionists remained discontented with the official’s explanation:
they claimed loopholes in the document, and employers may interpret
them in their favor.

NGOs’ representatives and trade unionists expressed their discontent
with the point obliging employees to inform employers of their
planned retirement 30 days before, whereas employers can inform
employees just a few days before dismissing them. The only exception
is layoffs – employers have to inform employees 60 days before. NGOs’
representatives stressed that equal terms have to be set for both
sides.

The participants were critical of the point on overtime work.

According to the bill, overtime work is to be done in the employer’s
initiative, with the employee’s consent. However, Edward Tumasyan,
Head of the Trade Union Confederation, stressed that all the six
point ignore employees’ interests. He was critical of the fact that
none of the Confederation’s proposals was incorporated in the bill.

The representative of the Union of Employers, in turn, stressed the
necessity for defending employers’ rights. According to him, Armenian
employers number 125,000, while the GDP totals U.S. $6bn. He pointed
out the number of employers is 80,000 in Azerbaijan and 60,000 in
Georgia, whereas the countries’ GDP is much higher. He claimed that
Armenian employers are not strong enough, and stressed the need for
developing the Armenian labor market.

The Parliament member Artsvik Minasyan stressed that that the
Government-propose amendments may, by and large, be designed to
protect workers’ interests. But the definitions contained in them are
so vague that employers can at any moment aim them against employees.

The parliament member Koryun Nahapetyan underlined the necessity for
enhancing trade unions’ role by means of the bill.