Helsinki Citizens’ Assembly-Vanadzor

HCA Vanadzor has been engaged in the protection of labor rights for quite a long time. As a result of the legal aid provided to beneficiaries in this framework, one more employee’s labor right has been restored. 

Citizen S.A. applied to HCA Vanadzor for the protection of her rights. S.A. worked in Sastex LLC as a sewing worker for the period of November 1, 2017-February 23, 2019. On February 23, 2019, S.A. was dismissed based on her own application. 

When solving the employment contract with S.A., Sastex LLC did not meet labor legislation requirements, the Organization did not provide the final settlement and under these conditions S.A. was paid only a part of her January 2019 salary and was not paid the salary commensurate with the work days of February. 

Having examined the case, HCA Vanadzor lawyer Arayik Zalyan applied to Yerevan Court of General Jurisdiction claiming the withdrawal from Sastex LLC the unpaid salary of S.A. in favor of the latter. 

On December 19, 2019, Yerevan Court of General Jurisdiction delivered a judgment and upheld the application. In particular, the Court found that the plaintiff’s application is legitimate and recorded that besides the amount of money subject to be paid to S.A., the penalty envisaged under Article 198 (1) of the RA Labor Code for the late payment is also subject to calculation, i.e. the employer shall pay the employee the 0.15 percent of the salary due for each day, starting from the moment of employment termination until the day of obligations.