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During the first month of the state of emergency, citizens who applied to HCA Vanadzor mostly had questions in regard to labor rights and the Government’s Actions

May 1, 2020

COVID-19 | Labor Rights | Activities | Legal Support | Legal Support | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | FAQ | Human Rights in the State of Emergency | News

As a result of  coronavirus pandemic in Armenia, HCA Vanadzor shifted to remote work  and continued providing legal support to citizens remotely. 

 

We have summed up citizens’ applications and hence the problems recorded after the declaration of the state of emergency for the time period of  March 16, 2020 - April 15, 2020. 

 

Legal consultation was provided both on the phone and by various online tools. 

 

So, during March 16 - April 15, 2020, HCA Vanadzor provided 125 legal consultations. 

 

After the state of emergency was declared, the biggest number of alarms received concerned labor rights, on which 25 consultations were provided. Besides, 25 legal consultations were provided to conscripts, former and current servicemen.

 

We also received many questions regarding the Government’s Actions aimed at neutralizing the economic problems caused by the restrictions imposed to prevent coronavirus pandemic. During one month of the emergency state, we provided  17 legal consultations on issues of that nature. They were regularly published in our  Frequently Asked Questions” section. 

 

It should be mentioned that in 2 cases, citizens wanted to learn about appeal mechanisms of administrative acts made for not having a movement sheet. 

 

Besides the current questions, during the state of emergency we also received an alarm from a contract serviceman in regard to being in the contract service for 1.5 months on end, that is, longer than the established 15-day shift period.

 

Below we present detailed data on numbers per violated rights and recorded issues. 

 

25 legal consultations were provided on labor rights. In 4 of them, work was suspended due to the state of emergency and the payment was not made; in 3 cases, the job was illegal, in 1 case, the employer terminated the employment contract earlier than the term established; in 1 case, employees were made to take unpaid leaves; in 1 case, calculation and payment of the benefit for pregnancy and childbirth was not made; in 1 case, the position was cut without offering another job in accordance with the employee’s professional capacity; in 1 case, the position of a person on childcare leave was cut; in 1 case, the employer violated the procedure of final settlement; in 1 case, the employer refused to register the employer’s factual salary in the employment contract in order to avoid taxes.

 

In 10 cases, the questions concerned labor rights, but no violation was recorded. 3 of them concerned the organization of remote work and the rights of the employer and employees, 2 of them concerned the procedure of the provision of unpaid and paid leaves, 2 cases concerned the procedure of remuneration in case of termination of operation of organizations in the state of emergency, 2 of them concerned the procedure of final settlement in case of termination of employment contracts, and 1 case concerned the procedure of changes in essential working conditions.

 

2 legal consultations on the right to health concerned the right to receive medical aid and service free of charge or on preferential terms, as guaranteed by the State.

 

22 legal consultations were provided on the right to social security. 17 of them concerned the Government’s Actions aimed at neutralizing economic consequences of coronavirus, 2 of them concerned the award and payment of pensions, 3 of them concerned the provision of social support to persons in a difficult social situation.  

 

16 legal consultations were provided on the right to property. Most of them, i.e. 9 cases concerned the loan deferral procedure, 3 of them concerned the procedure of accepting inheritance, 2 of them concerned the procedure of being provided with housing, 1 case concerned the procedure of rejecting inheritance and 1 case concerned the procedure of share splitting. 

 

14 legal consultations were provided on the right to effective remedy. 8 of them concerned the procedure of appealing decisions and judgments of state bodies/courts, 6 of them concerned legal opportunities of effectively protecting their rights.

 

6 legal consultations were provided on the right to information. All of them concerned the procedure of getting information regarding the activity of state bodies. 

 

2 legal consultations were provided on family rights․ They concerned the procedures of divorce and submission of a claim for alimony confiscation.  

 

2 legal consultations were provided on the right to get citizenship. The citizens wanted to learn about the procedure of applying to the RA Passport and Visa Department, as well as the procedure and grounds of obtaining RA citizenship. 

 

1 legal consultation concerned the right to security: without any grounds, the Police forcibly transferred the citizen to a psychiatric institution.

 

1 legal consultation was provided on the right to bankruptcy. The citizen wanted to learn about the procedure and grounds of applying to Court to be recognized bankrupt. 

 

1 legal consultation was provided on consumer rights. The citizen had questions on returning the purchased product.

 

1 legal consultation provided on the right to freedom of movement concerned the necessary measures to be taken to return from RF to RA in the state of emergency

 

2 legal consultations were provided on the right to be free from torture, 3 were provided on the right to good administration in regard to illegal administrative liability for movement in the state of emergency. 3 consultations concerned the right to a fair trial, in particular, appealing the administrative act made for not having a movement sheet.

 

25 legal consultations were provided to conscripts, former and current servicemen. It should be noted that in this sphere, violations of rights were not recorded in all cases. 

 

6 cases concerned health problems and procedures of undergoing a proper medical examination, 6 cases concerned the forensic medical examination assigned in case of being recognized fit for military service and refusing to join the military service. 

 

2 cases concerned the procedures of LGBT community representatives joining the mandatory military service. 

 

 1 legal consultation was provided for each of the following issues: legality and procedures of joining the military service in case of having the right to deferral to continue education in the frame of “I Have the Honor” program and being expelled from the higher education institution; procedures of joining or being exempted from mandatory military service in the RA and serving the military service in another state in case of having dual citizenship; possibilities and procedures of elimination of restrictions during the military service; legal consequences of transferring a serviceman to another unfavourable place of service and not doing the chief’s order during the service; legality of being in contract service for 1.5 months on end, i.e. longer than 15-day shift term; possibilities and procedures of being released from military service due to family conditions; appealing the legality of early release from military service due to getting an illness during the contract military service; review of defining the disability group and the decision made by the Central Military Medical Commission; the procedure and terms of the implementation of forensic  medical expertise; the procedure of providing a disability group and providing treatment and medications for an illness that a serviceman got during the military service. 

 

We regularly make publications regarding some of the recorded issues in “Human Rights in the State of Emergency” section on HCA Vanadzor website.

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