The ESCS Ministry has included July 5 - considered a non-working day - among the days on which 9th grade final examinations are to be held, and ignoring provisions of the Labor Code, does not allow workers included in the examination process to choose the method of remuneration for non-working days.
As per order N 785-Ա/2 issued on 18.05.2021 by the Minister of Education, Science, Culture and Sports, 9th grade “Foreign Language” final examination is set to be held on July 5, which is a non-working day. It is not clear on what grounds that day was designated as an examination day, given that involving teachers in the examination process is not among exceptions established by Article 156 part 2 of the Labor Code.
On 23 June 2021, Helsinki Citizens’ Assembly-Vanadzor applied to the ESCS Minister V.Dumanyan to get clarifications on this issue. In particular, HCA Vanadzor requested information regarding the grounds on which a non-working day was set as a final examination day and if the educational institutions were ordered to remunerate workers included in the examination commission in line with Article 185 of the Labor Code.
Deputy ESCE Minister Zh.Andreasyan responded to HCA Vanadzor inquiry, stating that due to the COVID-19 epidemic situation in the country, educational process started and ended later than the terms envisaged, which entailed a number of issues, including short deadlines for the examination process and the resit (July 6,7,8). Therefore, based on the child’s best interests and having no alternative, examinations were appointed also on July 5.
With regard to the procedure of remunerating examination commission members, the Deputy Minister responded that educational institutions would be instructed to provide workers included in the examination process a paid day off within a month.
Article 185 of the Labor Code sets that there are three ways of remuneration for the work performed on rest days and non-working days of holidays and commemoration days established by law: upon the consent of the parties, namely, the employer and the employee, the relevant work shall be remunerated in at least double the amount of the hourly (daily) pay rate or task rate, or the employee shall be granted another paid rest day within a month, or that day shall be added to the annual leave.
It remains unclear on what grounds, in contrast to the logic of the Labor Code Article invoked, educational institutions will be instructed to organize remuneration of teachers by a predetermined method out of the listed ones, by ignoring the legislation which gives an opportunity to decide on the remuneration method based on the consent of the Parties.