A WORKER IS NEITHER A SERF NOR SLAVE
The former USSR superpowerful country, an integral part thereof today, is the Republic of Armenia along with its serious series of mischiefs and faults (I think the biggest mischief is the atheism doctrine and worshipping terrestrial idols) which had an institute of accomplished labour law which was the only of its kind in the whole world. Laborers and workers enjoyed so many rights in the mentioned superpower country, the core of which was laborer-peasant alliance. Today the workers of the most developed and democratic countries can hardly dream of the mentioned rights (for example granting apartments to young specialists, post-natal privileges, medical clinics, free rest houses). After the collapse of the union, labour class conception in Armenia as such went down in history, but it gave a new rise to the relations between an employee and employer. These relations very often end up in disputes which are mainly settled in court instances. Today, the given disputes in Armenia are mainly settled by RA Labour Code which stipulates the game rules which shall be binding upon both an employee and employer. An employee is not a serf or slave. The latter lawfully enjoys rights which he or she ought to be aware of. A false opinion is formed in the society that it is useless for an employee to fight for his or her own rights. But it is not so. Based on my practice I faced numerous cases when employees applied to the court for the protection of their rights and achieved success. I wish to mention a well-known public case served by me or the legal office under my leadership. The given case was directed at the restoration of work of a well-known journalist Hovhannes Galajyan in his workplace. The court obliged the employer to reemploy the employee and pay mandatory sum for time wasted. The claim as to the restoration of work of one of the professors of the institute was also an interesting case which reached the Constitutional Court of the Republic of Armenia and in the end one of the articles of RA Civil Code was regarded as anticonstitutional and honourable professor was restored in his work. I had great honor of defending the claim of N.115 labour team which disputed the rights to receive corresponding salary against the work carried out under detrimental, dangerous, serious conditions and harmful to their health. The given case was reviewed in court instances but it ended up in failure. The foregoing serves as a basis to conclude that there exist all the normative legal norms for the lawful protection of their rights for an employee and employer in the Republic of Armenia. It is only necessary that each person should be well informed of his or her rights and responsibilities. Now it is expedient to familiarize ourselves with certain provisions of the labour legislation which has a direct relation with the rights and responsibilities of employees and employers.
WHAT IS A LABOUR CONTRACT?
In accordance with Article 83 of RA Civil Code, a Labour Contract is an agreement between an employee and employer. Under the given agreement an employer and employee obtain certain rights and responsibilities. a. an employer is obligated to provide an employee with the agreed work and pay for the work done, b. an employee is obligated to perform certain work for an employer. Each person is free to choose and assume the given work. Any compulsory work, as well as any violence or duress in respect of employees is prohibited. The labour contract shall include the following conditions: a. workplace, b. year, month, date of commencement of employment, year, month, date of signing the contract, c. position or name of profession, d. rights and responsibilities of employers and employees, e. procedure and amount of remuneration for work done, f. labour contract duration, g. privileges and reimbursements of employees in case of working under harmful and detrimental conditions A labor contract shall be signed in writing in duplicate by an employer and employee. The employee is recommended to read the contract before signing it and keep one copy thereof.
A labour contract shall be: a. signed for an indefinite period of time (no the mention of contract period) b. signed for a definite period of time (with the mention of specific contract period) An employer is free to fill the vacant or newly-created workplaces without competition or in another manner. The procedure of filling vacant posts of employees of local self-governing bodies and other state (special) services is determined by other laws and legal acts.
WHAT DOCUMENTS ARE REQUIRED FOR EMPLOYMENT?
An Employer shall be obligated to demand from the employee to submit the following documents for the conclusion of a contract with an employee: a. identification document, b. labour book (not required if it is his or her first employment or he or she is employed on job combination basis), c. certificate of education or certificate for necessary qualification if the work is related to certain education or profession (pedagogics, medicine, turner’s job, driving etc.), d. health reference e. written consent of one of the parents if an employee is a minor of 14-16 years of age, f. other documents specified by law or other normative acts. An employer has no right to require that an employee produce such document which are not envisaged by law or other normative legal acts. It is desirable that an employee produce a character reference, a letter of recommendation, as well as data or documents qualifying his or her preparation and their application.
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