Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Recruitment

Advertising
What are the requirements relating to advertising positions?

The requirements for advertising positions are set out in legislation and differ according to the position. However, these requirements apply only to public service workers. In the private sector there are no requirements in this regard.

For example, an appointment for the Civil Service should be announced no later than one month before it is to be filled and the announcement must be made in a publication with a print run of at least 3,000 and in other media.

For available community service places, the competition should be announced no later than one month before it is to be filled and the announcement must be made in a publication with a print run of at least 1,000 and in other media.

Background checks
What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

In general, this is not regulated by legislation. However, for some government positions the employer can carry out checks in relation to criminal records (some positions cannot be taken up by a person who has been sentenced for a crime and whose criminal record has not been removed or cleared by the prescribed procedure.

Wages and working time

Pay
Is there a national minimum wage and, if so, what is it?

According to the Law on the Minimum Monthly Wage, the minimum monthly wage is Dram 55,000, excluding taxes (approximately €100). The minimum wage has increased by 10% to 15% almost every year since 2011.

The minimum salary does not include bonuses, additional payments, awards and other incentive payments.

Are there restrictions on working hours?

Working hours cannot exceed 40 hours per week.

The daily period of work must not exceed eight working hours, except for the exceptions set out in the Labour Code, other laws, normative legal acts and any collective agreement. Including overtime, work cannot exceed 12 hours daily (including rest and meal breaks) and 48 hours weekly.

The working time of employees in specific categories (eg, healthcare organisations working on an uninterrupted shift basis, guardianship organisations and utility supply organisations) may amount to 24 hours a day. However, the working time of such employees must not exceed 48 hours weekly and the rest period between working days must not be less than24 hours. The list of these jobs is set by the government.

The duration (including meal and rest breaks) of an employee’s working day, where the employee has two or more employment contracts with the same employer or with different employers, cannot exceed 12 hours daily.

Shorter working times are as follows:

  • 24 hours per week for employees aged 14 to 16;
  • 36 hours per week for employees aged 16 to 18; and
  • for employees who work in an environment where it is not possible to reduce the level of harmful factors to that defined by health and safety legislation due to technical or other reasons, no more than 36 hours per week.

For employees performing work which involves heavy mental and emotional strain, the order and conditions of shortened working hours are determined by the law or a collective or employment agreement. 

Hours and overtime
What are the requirements for meal and rest breaks?

Employees are entitled to a meal and rest break – which must be between 30 minutes and two hours – halfway through the working day, but no later than four hours after starting work. The meal and rest break is not included in working time and the employee can use it at his or her discretion. The employee has a right to leave the workplace during the break.

In types of work where it is impossible to give the employee a meal and rest break given production conditions, the employee must have the opportunity to eat during work.

The beginning and the end of meal and rest breaks are fixed by the employer’s internal disciplinary rules, the work schedule or a collective or employment agreement.

How should overtime be calculated?

At the employer’s request, overtime shall not exceed four hours during two successive days and 180 hours per year. The employer must record the precise number of overtime hours of every employee in a working time logbook.

What exemptions are there from overtime?

The Labour Code exempts the following employees from overtime:

  • employees under 18 years of age;
  • employees studying in secondary and vocational schools without interrupting work, on study days; 
  • employees who work in harmful or dangerous conditions for health;
  • pregnant women (women who take care of a child under the age of one may do overtime only if they consent to it); disabled persons, unless such overtime is not prohibited by a medical conclusion; and
  • employees who work in other conditions according to the legislation of Armenia and the collective agreement.

Is there a minimum paid holiday entitlement?

According to the Labour Code, the period of annual minimum paid holiday is 20 working days for employees working a five-day week and 24 working days for employees working a six-day week.

What are the rules applicable to final pay and deductions from wages?

If the employer or the employee rescinds an employment contract, it must reach a full and final settlement with the employee on the day of rescission, unless a different procedure for is set out by the Labour Code, law or the employment agreement. If the employee moves to another job with the same employer, the employer need not make a full and final payment to the employee. The employer must pay the employee his or her wages and any other payments due on the day of final settlement, and fill out and hand over the employee’s employment record book in the prescribed manner. If any arrears are owed to the employer, the following deductions or charges can be made from wages:

  • advance salary payments;
  • excess payments made as a result of mechanical calculation errors;
  • advance payments for business trips, the performance of specific tasks or a move to another workplace, which were not spent and not returned; and
  • compensation for damage caused to the employer by the employee.

If the employee’s debt does not exceed his or her average monthly wage, the employer has the right to make deductions if it has issued a corresponding legal act for deductions no later than one month after the actions defined by law come to fruition.

The employer cannot recover any wages calculated and overpaid as a result of the incorrect application of the law, with the exception of mechanical calculation errors. Deductions cannot exceed 50% of the employee’s monthly wages.

Record keeping
What payroll and payment records must be maintained?

The employer must keep records of the wages paid to all employees, noting the calculated, paid and deducted amounts.

Click here to view the full article.