Helsinki Citizens' Assembly-Vanadzor

HCAV’s observations and recommendation regarding the RA draft law on “Making an addendum and amendments to the RA Labor Code”

January 11, 2023

Labor Rights | Activities | Publications | News | Legislative Proposals | Legislative Proposals and Analysis

 

 

The RA Ministry of Labor and Social Affairs developed and put for public discussion the draft law “On making an addendum and amendments to the RA Labor Code”, which envisages procedures for organizing remote and hybrid work.

 

In the frame of the EU-funded “Decent Work Now” project, HCAV has presented observations and a recommendation regarding the draft.

 

While commending the Draft amendments and addenda conditioned by the need to establish modern mechanisms of regulating labor relations, we should mention that some draft regulations of organizing remote work are problematic and contradict the remote work organization principles of the European Social and Economic Committee’s opinion “Challenges of Teleworking: organization of working time, work life balance and the right to disconnect”.

 

Article 244 of the RA Labor Code establishes that the employer shall be obliged to ensure normal employment conditions in order for employees to be able to perform the labour standards. Such conditions are proper quality and timely provision of materials and tools required for the performance of the work.

 

Study of Article 2 of the Draft shows that the employee shall obtain the materials and equipment necessary to perform work in case of remote or hybrid work. Moreover, the Draft does not specify that this issue can be solved based on mutual agreement of the parties, i.e., the employer and the employee. 

 

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This publication has been made with the financial support of the European Union. Responsibility for the contents of the publication lies with Helsinki Citizens’ Assembly-Vanadzor, and it does not necessarily reflect the views of the European Union.

 

                                                                                  

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