Texts of pending comments

The Committee notes the observations of the Confederation of Trade Unions of Armenia (CTUA), communicated with the Government’s report.

Article 11 of the Convention. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. Since 2013, the Committee has been drawing the Government’s attention to the case of workers employed by companies liquidated after 2004 who, following the adoption of Governmental Decision No. 1094-N of 2004, had not been paid compensation in cases of industrial injuries. In its previous comments, the Committee urged the Government to provide compensation for the workers currently seeking it, and for similarly situated workers henceforth, and to provide information concerning measures taken or envisaged in this regard.

The Committee notes the reply provided by the Government, indicating that the procedure for work-related injury compensation, in case of liquidation of companies, is set out in Governmental Decision No 914-N of July 23, 2009. In such cases, the capitalization of assets of the employer or company responsible for the payment of compensation to victims of work-related injuries is undertaken in accordance with the Civil Code. The current legislation does not make provision for cases where the capitalization of assets, pursuant to the above-mentioned procedure, would not be sufficient to provide the compensation that is due to victims, which, according to the Government, does not constitute a legal gap. In this connection, the Government indicates that, in its view, the State has the discretion to choose the policy deemed most appropriate with respect to existing socio-economic conditions.

The Committee further notes the observations of the CTUA in this regard, which considers that the approach taken by the Government results in discrimination for persons injured in workplace accidents in different years. The CTUA also maintains that injured workers employed in organizations which have been liquidated since August 2004 have been deprived of the right of social protection in the event of accidents and occupational diseases at workplace, while it is the state’s duty to provide equality and social justice among its citizens and secure their right of social protection.

While taking note of the Government’s position, the Committee recalls that by ratifying the Convention, it has undertaken to ensure that workers who suffer personal injury due to an industrial accident, or their dependants, shall be compensated, by virtue of Article 1 of the Convention. This obligation is related to that of Article 11 of the Convention, which requires the State to make such provision as, having regard to national circumstances, is deemed most suitable for ensuring in all circumstances, in the event of the insolvency of the employer or insurer, the payment of compensation to workers who suffer personal injury due to industrial accidents, or, to their dependants in case of death of the worker. In this regard, the Committee underlines that the consideration of national circumstances within the meaning of Article 11 of the Convention only refers to the choice of means that the Government may take for its implementation, and not to the objective of this provision, which consists in ensuring the comprehensive protection of employees in the event of insolvency of the employer or insurer.

In view of the above, the Committee once again urges the Government to provide, without further delay, compensation to victims of work injury who have not received compensation due to the liquidations that have taken place between 2004 and 2009 and for similarly situated workers henceforth.

The Committee further requests the Government to take the necessary measures to ensure the due and effective compensation of injured workers and their dependents in the event of the insolvency of the employer or insurer and requests the Government to provide information on any measures taken or envisaged in this regard.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee once again encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting its Part VI) as the most up-to-date instruments in this subject area.

Article 1(1) and 2(1) of the Convention. Prohibition of forced labour. The Committee notes that the Government indicates in its report that, in 2021, the Ministry of Labour and Social Affairs developed and discussed a bill containing amendments to the Labour Code, which includes a definition of compulsory or forced labour and a provision stipulating its prohibition. The Committee requests the Government to provide a copy of the amendments to the Labour Code once adopted.

Article 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. In reply to the Committee’s request for information on the practical application of the provisions of the Criminal Code on trafficking in persons, the Government provides detailed information on the number of criminal investigations, prosecutions and convictions related to trafficking in persons for labour and sexual exploitation for the period 2016 – first quarter of 2021. A total of 20 investigations were conducted in 2016; 17 in 2017; 10 in 2018; 11 in 2019; 10 in 2020 and 6 in the first quarter of 2021. Some of the proceedings resulted in convictions for the offenders, whereas in other cases the investigations were suspended on the grounds of lack of corpus delicti (evidence of the crime). The Government indicates that the Police has developed indicators of potential cases of trafficking in persons and carried out monitoring on the internet to identify cases of labour and sexual exploitation, illegal migration and organizations making questionable job offers. The Committee requests the Government to continue providing information on investigations and prosecutions of cases of trafficking in persons for sexual and labour exploitation, indicating how many of them have concluded in convictions for the offenders. Please continue providing information on the activities carried out by the Police as well as other law enforcement bodies, such as the labour inspectorates, to identify and prosecute cases of trafficking, and their results.

National Action Plan. In relation to the implementation of the fifth National Action Plan for Combating Trafficking in Persons, the Government indicates that actions against trafficking are carried out in three directions: (1) Regulation of the legal field, (2) implementation of awareness-raising activities and trainings and (3) implementation of protective and social assistance programs. Within the framework of awareness-raising activities, information campaigns have been implemented to inform the population about the dangers of trafficking in persons. In addition, various training programmes have been conducted to build the capacities of judges, prosecutors, police officers, social workers and teachers in this regard. The Government also indicates that the sixth National Action Plan for the period 2020–2022 was adopted, taking into consideration the proposals of different stakeholders, and that the Working Group of the Council against Trafficking in Persons is in charge of ensuring the implementation of the National Action Plan, and of reviewing relevant national legislation and making proposals for improvement. The Committee requests the Government to provide information on the assessment of the effectiveness of the measures adopted within the framework of the sixth National Action Plan for Combating Trafficking in Persons, undertaken by the Working Group of the Council against Trafficking in Persons, as well as on any proposal made by such working group to improve the applicable legislation.

Protection of victims. The Committee notes that the Government continues to provide detailed information in relation to the measures taken to provide protection to victims of trafficking. It refers in particular to: (1) measures to support the social and psychological rehabilitation of victims; (2) measures for the restoration of their identity documents; (3) services of legal counselling and translation; and (4) financial aid. In addition, the Government refers to a study conducted by the Ministry of Justice, which concluded that the Republic of Armenia envisages a wide range of circumstances for acquitting the victims of trafficking from criminal and administrative responsibility.

The Committee further notes that the Ministry of Labour and Social Affairs, together with the Police Department and the General Prosecutor’s Office, developed rules for the identification of the victims of trafficking. The Commission on the Identification of Victims of Trafficking in Persons (composed of representatives of public bodies and NGOs operating in the sphere) is the body authorized to recognize a person as a victim in order to provide him or her with assistance, including medical care, vocational training and financial support. From 2015 to 2020, a total of 160 victims of trafficking in persons for labour and sexual exploitation were identified and received support. The Committee welcomes the measures taken to continue to ensure early identification of victims of trafficking and provide them with comprehensive protection and requests the Government to continue providing information in this regard, including information on the type of assistance provided and the number of victims that have benefited from such measures.

Article 2(2)(a). Services exacted under compulsory military service laws. The Committee previously noted that the 2003 Law on Alternative Service provides for the possibility of alternative service for persons whose religion and beliefs are contradicted by passing of military service, and requested the Government to provide information on the number of persons involved in alternative labour service, as compared to the number of those performing their mandatory military service. The Committee notes that the Government indicates that currently 127 people are involved in the alternative labour service.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the adoption of the Strategy Plan for the Protection of the Rights of the Child 2017- 2021 and requested the Government to provide information on the measures taken within the framework of this Strategy Plan to eliminate child labour. Noting the absence of information in this respect, the Committee once again requests the Government to indicate the measures taken towards the progressive elimination of child labour and their results. In addition, the Committee requests the Government to provide updated statistical information on the number of children involved in child labour and hazardous work in the country.

Article 7. Light work. The Committee notes that the Government indicates that the Ministry of Labour has proposed amendments to the Labour Code stipulating that children can work from the age of 14 only after the hours prescribed for compulsory education. The amendments also propose that children between the ages of fourteen and fifteen should be allowed to work for up to two hours a day but no more than ten hours a week and that children between the ages of fifteen and sixteen shall be allowed to work for up to 24 hours a week. The Committee requests the Government to continue providing information on any proposed modification to the Labour Code’s provisions on light work, including information on the types of light work activities determined by the competent authority as required by Article 7(3) of the Convention. The Committee also requests the Government to provide a copy of the above-mentioned amendments, once adopted.

Labour inspectorate. In reply to the Committee’s request to specify the institution responsible for the supervision of the application of the Convention, the Committee notes that the Government refers to Decision No. 755-L of 2018 issued by the Prime Minister which reorganizes the Health Inspection Body of the Ministry of Health into the Health and Labour Inspection Body. According to the Annex to Decision No. 755-L, the Health and Labour Inspection Body shall perform supervisory functions and apply sanctions for the violations of labour rights, including the protection of the rights of working children under the age of 18 years. The Committee also notes that the Government indicates that, pursuant to section 1.1 of the Organization and Conduct of Inspections Act, inspections shall be carried out exclusively based on checklists approved by the Government. In this regard, the Committee notes that the Government refers to Decision No. 718-N of April 30, 2020, which approves a checklist for health and safety risk-based inspections for workers in mining industry enterprises and open mine operations. The Government also refers to Decision No. 886-N of May 27, 2021, which approves a checklist for health and safety risk-based inspections for workers in enterprises of the processing industry, which includes questions related to guarantees for workers under 18 years of age. The Committee notes the Government’s indication that, since the approval of the checklists, 46 inspections have been carried out, during which no violations to the labour legislation’s norms related to persons under the age of 18 years have been registered. The Committee requests the Government to provide information on the activities carried out by the Health and Labour Inspection Body in relation to child labour, including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken. The Committee also requests the Government to provide information on the measures to strengthen the capacity of labour inspectorates to detect violations of the provisions of the Convention, including in the informal economy.

Article 2(1) of the Convention. Scope of application. The Committee previously noted that according to the Armenia Child Labour Survey, carried out with ILO technical assistance and published in 2016, a large number of children were involved in child labour, of which a large majority (90.1 per cent) worked in agriculture. Out of these children, only 5 per cent were employees with a verbal agreement, 25 per cent worked on their own account, and 70 per cent were unpaid family workers not covered by the provisions of the Labour Code concerning the minimum age for admission to employment. In this regard, the Committee urged the Government to take immediate steps to ensure that all children, including those who work outside a formal labour relationship, enjoy the protection afforded by the Convention. The Committee notes with regret that once again the Government’s report does not provide information in this respect. Therefore, the Committee once again urges the Government to take all necessary measures to ensure that all children, particularly children working in the informal economy or as own-account workers, can enjoy the protection afforded by the Convention and to provide information in this regard in its next report.

Article 8 Artistic performances. In its previous comments, the Committee noted that part 2.2 of section 17 of the Labour Code provides that children under 14 years of age can be engaged in cinematographic, sport, theatre and concert organizations, in circuses, in creative work and/or performance of television and radio productions with the written consent of one of the parents or adopter or guardian or a custody and guardianship body. The activities in these organizations or productions should not be harmful to their health, morality or safety, or prejudice their education. The Committee requested the Government to take measures to ensure that the labour legislation provides that individual permits be granted by the competent authority, and not only by the parents or legal guardians to authorize the participation of children under the minimum age in artistic performances in accordance with the Convention. The Committee notes that the Government indicates that the Ministry of Labour and Social Issues has proposed to repeal part 2.2 of section 17 of the Labour Code. Taking note of this legislative proposal, the Committee recalls that Article 8 of the Convention allows exceptions to the prohibition of employment or work of children under the general minimum age, which is 16 years in Armenia. Moreover, by virtue of Article 8(1), children may participate in artistic performances, provided that permits are granted in individual cases by the competent authorities. In this regard, the Committee requests the Government to continue to provide information on the measures taken or envisaged to regulate the participation of children in artistic performances.

Article 9(1). Penalties. The Committee previously noted the high number of children involved in child labour, including hazardous work and requested the Government to redouble its efforts to identify and impose appropriate sanctions for violations of the provisions of the Convention. The Committee notes that the Government indicates that, in order to ensure the effective application of the provisions of the Convention, section 41.6 of the Code on Administrative Offences of December 6, 1985 was amended. According to the amended section, the act of hiring or employing a person under the age of 16 in violation of the requirements of the law or involving a person under the age of 18 in work prohibited by the labour legislation shall result in a fine, which shall be equivalent to 200 times the minimum wage. If the violation is repeated within one year after the date of imposing the sanction, a new fine will be imposed amounting to 400 times the minimum wage. The Committee encourages the Government to continue taking measures to ensure that violations of the provisions of the Convention are detected and adequate penalties are imposed. In this respect, the Committee requests the Government to provide information on the application in practice of section 41.6 of the Code on Administrative Offences.

The Committee is raising other matters in a request addressed directly to the Government.

Article 3 of the Convention. Worst forms of child labour Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted the provisions of the Criminal Code (Articles 63 (5) and 165), which criminalize the involvement of persons under the age of 18 years in illicit activities. The Committee notes that the Government indicates in its report that, in 2016, three criminal cases were initiated for involving children in the commission of thefts. Two of these cases ended with acquittals and in one case the offender was sentenced to imprisonment. Likewise, in 2017, three criminal cases were opened concerning the involvement of children in the commission of crimes. In two of them, the offenders were sentenced to imprisonment. In 2018, one person was charged with involving a child in the selling of drugs and three persons were sentenced to imprisonment for involving children in committing thefts. In 2020, two criminal cases were initiated under article 165 of the Criminal Code which ended in acquittals. The Committee requests the Government to continue providing information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed in respect of persons engaging children in illicit activities. In respect of the cases that have ended in acquittals, please provide information on the reasons for such acquittals.

Article 6. Programmes of action. In its previous comment, the Committee took note of the adoption of the 2016–2018 National Action Plan for Combating Human Trafficking and Exploitation and requested the Government to provide information on its implementation. The Committee notes that the Government indicates that, within the framework of the National Plan, awareness-raising activities against trafficking of children have been put in place in Yerevan and other regions of the country, and a legal guide was developed to support teachers in strengthening the capacities of students to avoid becoming victims of this crime. The Committee also notes that the Procedure for Providing Assistance to Potential Victims of Human Trafficking and Labour Exploitation, Victims and Special Category of Victims (Government Decision N492 - N of 5 May, 2016) was amended to establish a mechanism for guidance of child victims of trafficking and effectively organize and control measures to protect children. Finally, the Committee notes that the Specialized Police Division of Armenia has issued instructions to the territorial police subdivisions relating to the prevention of labour exploitation of children and that police members have received the respective training. The Committee welcomes the measures taken by the Government to prevent the trafficking and labour exploitation of children and requests the Government to provide information on their impact.

Article 7. Penalties. The Committee previously urged the Government to take measures to ensure the effective implementation and enforcement of the provisions of the Convention. The Committee notes that the Government indicates that criminal investigation of cases of child trafficking are under the responsibility of prosecutors from the specialized subdivision of the Prosecutor General’s Office who receive regular training on human trafficking and on the other worst forms of child labour. In reply to the Committee’s previous request for information on the application of penal sanctions, the Committee notes the Government’s indication that, under section 132.2 of the Criminal Code (trafficking or exploitation of a child), three persons were subject to criminal prosecution between 2016 and 2018, whereas one person was convicted in 2019. The Committee requests the Government to continue providing information on the measures taken to ensure the effective implementation and enforcement of the provisions of the Convention, including information on the application of penalties.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the measures taken by the Government to ensure access to free and basic education, including measures to detect and monitor cases of children out-of-school and requested the Government to provide information on their results. The Committee notes the Government’s indication that in 2021, a Procedure was adopted for identifying and directing children left out of compulsory education (Decision N154-N of February 2, 2021). The Procedure enlists situations when children are considered to be left out of compulsory education and aims to ensure that children have access to medical care, pedagogical and psychological support service and social assistance. The Committee observers that according to UNESCO statistics, the total number of out-of-school children was 17,789, whereas the total number of out-of-school adolescent was 18,864. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue taking measures to ensure access to free basic education for all children and to provide information on the impact of the measures taken. The Committee also requests the Government to provide information on the implementation of the Procedure for identifying and directing children left out of compulsory education adopted in 2021 and its results.

Clause (d). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the adoption in 2014 of the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation. The Committee notes that the Government indicates that this law was amended to remove the age limit for victims to receive financial support (previously set at 18 years). It also notes the Government’s indication that victims receive assistance, including medical care and vocational training. In addition, the Ministry of Labour and Social Issues has implemented a program to support the social and psychological rehabilitation of victims of trafficking. Following the adoption of the 2014 law, ten children have been identified as victims of special category and ten children have received social assistance, and those who were not attending school are receiving education. The Committee requests the Government to continue providing information on the measures taken to ensure the rehabilitation and social integration of child victims of trafficking and their results. Please indicate the number of children who have been removed and provided with assistance.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government in response to its previous comments requesting information on the number of workers that were affected by the three types of occupational diseases (poisoning by lead, poisoning by mercury and anthrax infection) covered by the Convention. The Committee notes in particular the information provided on the total number of persons in receipt of compensation for work injury and occupational diseases, and on the total cost of the compensation paid, on a yearly basis, as well as on the number of persons suffering from permanent incapacity caused by an occupational disease and on the types of occupational diseases which have caused such incapacity. The Committee takes due note of this information and requests the Government to continue giving an appreciation of the manner in which the Convention is applied in Armenia by providing, for instance, extracts from the reports of the inspection services, information concerning the processes carried on at national level which give rise to occupational diseases, and notably those mentioned in the Schedule to the Convention, with an indication of the extent to which they are carried on, the number of workers employed in the industries and processes concerned, and the number of cases of such diseases which have been reported as well as the sums paid by way of compensation as benefits in cash and in kind, respectively.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

The Committee notes the observations of the Republican Union of Employers of Armenia (RUEA) and of the Confederation of Trade Unions of Armenia (CTUA) transmitted with the Government’s report, which refer to the issues raised by the Committee below. The Committee further notes the CTUA observations received on 30 September 2020 referring to the issues raised by the Committee below and to the application of the Convention in practice. The Committee requests the Government to provide its comments thereon.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee had previously requested the Government to take the necessary measures to amend the Constitution and the Law on Trade Unions so as to ensure that the following categories of workers could establish and join organizations of their own choosing: (i) employees of the Prosecutor’s Office, judges and members of the Constitutional Court; (ii) civilians employed by the police and security service; (iii) self-employed workers; (iv) those working in liberal professions; and (v) workers in the informal economy. The Committee notes the Government’s indication that constitutional amendments were adopted on 6 December 2015. The Committee notes with interest that pursuant to article 45, paragraph 1, of the amended Constitution everyone has the right to freedom of association, including the right to establish and join trade union organizations.

The Committee further notes the Government’s indication that while the issue of amending the Law on Trade Unions will be discussed with the social partners, the right of civilian personnel in the police and security services to join trade unions is not restricted by section 6 of the Law on Trade Unions, by the Law on the Police Service or by the Law on the Service in the National Security Bodies. The Committee notes, however, that it stems from section 6 of the Law on Trade Unions, as amended in 2018, that only those with employment contracts can be members of a trade union and that pursuant to paragraph 3 of the same section, employees of the armed forces, police, national security, prosecutor's office, as well as judges, including judges of the Constitutional Court, cannot be members of a trade union organization. The Committee once again recalls that all workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing. It further recalls that the only authorized exceptions concern members of the police and the armed forces. It considers, however, that civilians employed in such services should be granted the right to establish and join organizations to further and defend their interests. The Committee therefore urges the Government to take the necessary measures to amend the Law on Trade Unions to ensure that employees of the Prosecutor’s Office, judges (including of the Constitutional Court), civilians employed by the police and security services, self-employed workers, those working in liberal professions, and workers in the informal economy can establish and join organizations for furthering and defending their interests. It requests the Government to provide information on all progress made in this respect.

Minimum membership requirement. The Committee recalls that it had previously requested the Government to amend section 4 of the Law on Employers’ Unions, providing for the number of employers required to form employers’ organizations at the national level (over half of employers’ organizations operating at the sectoral and territorial levels), sectoral level (over half of employers’ organizations operating at the territorial levels) and territorial level (majority of employers in a particular administrative territory or employers’ organizations from different sectors in a particular administrative territory); and to also amend section 2 of the Law on Trade Unions, setting out similar prerequisites for federations of trade unions at the territorial, sector and national levels, so as to lower the required minimum membership requirements. The Committee had considered that the minimum membership requirements as set out in the above legislative provisions are too high given that they would appear to ensure that in fact there is only one national level organization, one organization per sector and one territorial level organization per territory or a particular sector in the territory. The Committee notes the Government’s indication that the Ministry of Labour and Social Issues has received draft amendments to the Law on Trade Unions and the Law on Employers' Unions. Recalling that it has been raising the issue of minimum membership requirement for the last ten years, the Committee expects that, in consultation with the social partners, both the Law on Trade Unions and the Law on Employers’ Unions will be amended in the near future so as to lower the minimum membership requirements and to ensure that more than one organization can be established at various levels. The Committee requests the Government to provide information on the developments in this regard.

Article 3. Right of organizations to organize their administration and activities in full freedom. The Committee recalls that it had previously requested the Government to amend:

-sections 13(2)(1) and 14 of the Law on Employers’ Unions, which regulate in detail matters that should be decided upon by organizations themselves (such as the obligatory use of the words “employers’ union” for all employers’ organizations and “Armenia” for a national organization and the rights and responsibilities of the congress of an employers’ organization);
-section 74(1) of the Labour Code, which requires a vote by two-thirds of an organization’s (enterprise’s) employees to declare a strike (or a vote by two thirds of employees of the subdivision if a strike is declared by a subdivision of an organization, as the case may be), so as to ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level; and
-section 77(2) of the Labour Code, according to which, minimum services are determined by the corresponding state and local self-governance entities, so as to ensure that social partners are able to participate in the definition of what constitutes a minimum service.

The Committee takes note of the Government’s indication that in its view, sections 13(2)(1) and 14 of the Law on Employers’ Unions are not inconsistent with Article 3 of the Convention and do not limit the right of the employers' unions to independently draft their regulations or by-laws, freely elect their representatives and organize their administration and activities. Recalling that the fundamental notion of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of their organizations, the Committee once again requests the Government to consider amending the above-mentioned provisions in consultation with the social partners to ensure that only formal requirements are laid down by the national legislation with regard to the functioning of organizations.

The Committee further notes the Government’s indication that the Labour Code is currently being reviewed to determine whether its above-mentioned sections should be amended. The Government informs, in particular, that it is suggested to amend section 74(1) of the Labour Code so as to require a favourable vote by the majority of employees who have participated in the closed ballot to call a strike if at least two-thirds of the total number of the employees of an organization/undertaking (or its subdivision) have participated in the ballot. The Government indicates that the question of acceptable quorum will be further discussed with the social partners. As regards section 77(2) of the Labour Code, the Committee notes that the Government’s indication that a new proposal for amendments contains reference to the negotiation of minimum services between employers and workers’ representatives. While welcoming the proposed amendments, the Committee recalls that the observance of a quorum of two-thirds of the total number of employees may also be difficult to reach and could restrict the right to strike in practice. It therefore requests the Government to ensure that the quorum and majority required for voting on a strike as well as to call a strike are fixed at a reasonable level. The Committee requests the Government to provide information on the developments regarding the amendment of the Labour Code.

The Committee encourages the Government to pursue its efforts in addressing the issues raised above with the assistance of the ILO and in consultation with the social partners.

The Committee notes the observations of the Confederation of Trade Unions of Armenia alleging violations of the Convention in practice received on 30 September 2020. The Committee requests the Government to provide its comments thereon.

Article 4 of the Convention. Collective bargaining. The Committee had previously noted that pursuant to sections 23, 25, 45, 55 and 56 of the Labour Code, both trade unions and “workers’ representatives” enjoyed the right to negotiate collective agreements at the enterprise level. Recalling that direct negotiation between the undertaking and its employees, bypassing representative organizations, where these exist, is detrimental to the principle that negotiation between employers and organizations of workers should be encouraged and promoted, the Committee had requested the Government to take the necessary measures to amend its legislation so as to bring it into conformity with the Convention. The Committee notes the Government’s explanation that for the purpose of collective bargaining, a trade union is entitled to represent all workers of an undertaking if this union represents over half of the company’s workers. A collective agreement signed by that union would apply to all workers of the enterprise in question. If a union represents less than half of all workers of an enterprise, it can only negotiate on behalf of its own members. In the absence of a trade union, the representation functions can be transferred to the relevant regional or sectoral trade union. Pursuant to section 23 of the Labour Code, if no trade union exists at an enterprise, or if the existing unions represent less than half of the employees of the undertaking, the staff meeting may elect other representatives. In the latter case, pursuant to section 56 of the Labour Code, the union which represents less than half of all workers of an enterprise bargains collectively through a joint representative body together with other elected representatives. The Government thus considers that there is no need to amend the Labour Code in this respect. The Committee recalls that, under the terms of the Convention, the right of collective bargaining lies with workers’ organizations of whatever level, and that negotiation between employers or their organizations and representatives of non-unionized workers should only be possible when there are no trade unions at the respective level. The Committee emphasizes that where there exists a representative trade union and it is active within the enterprise or branch of activity concerned, the authorization for other workers’ representatives to bargain collectively not only weakens the position of the trade union, but also undermines ILO rights and principles on collective bargaining (see the 2012 General Survey on the fundamental Conventions, paragraphs 239–240). The Committee regrets that despite its numerous requests, section 23 of the Labour Code has not been amended. The Committee expects the Government to take immediate action to amend section 23 of the Labour Code and requests it to provide information on any progress made in this regard.

The Committee had previously noted that according to sections 59(4) and 61(2) of the Labour Code, if an enterprise is restructured or privatized, the collective agreement is considered to be unilaterally terminated, irrespective of its validity period. Recalling that neither the restructuring nor the privatization of an enterprise should in itself automatically result in the extinction of all the obligations resulting from the collective agreement, and that the parties should in any case be in a position to advocate the application of relevant clauses such as those concerning severance pay, the Committee had requested the Government to amend these provisions accordingly. The Committee notes the Government’s indication that in case of a merger of two or more enterprises into one structure, maintaining a collective agreement would not be possible if all of the enterprises concerned had their own collective agreements, as each legal entity can have only one collective agreement. The Committee notes, on the one hand, that the situation described by the Government is only one of many possible situations covered by the above-mentioned provisions of the Labour Code, which deal with restructuring and privatization in general, and on the other, even in the situation referred to by the Government, a merger between two enterprises should not result in workers automatically losing all rights and guaranties obtained through collective bargaining. The Committee thus considers that before a new collective agreement can be negotiated and signed, the previous agreement shall remain in force. The Committee therefore reiterates its previous request and asks the Government to provide information on the progress made in this respect.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors and levels concerned as well as the number of workers covered.

The Committee reminds the Government that it can avail itself of the technical assistance of the Office.

The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA), received on 14 October 2020. The Committee requests the Government to provide its comments in this regard.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the detailed information provided by the Government in its report. It notes that, pursuant to the Republican Collective Agreement, all draft labour legislation or regulation concerning workers’ rights or labour relations is submitted to the Republican Tripartite Commission (RTC). The Government reports that, during the period 2016−19, the RTC examined a range of draft laws related to, among other things, the modification of the labour code, voluntary work, occupational safety and health and other employment regulations, as well as the Agreement with Bulgaria on regulating labour migration. The Committee notes with interest that the draft Decent Work Country Programme was submitted to the RTC on 3 May 2019 for discussion, and subsequently adopted by the tripartite partners on 14 May 2019. The Government indicates that, in addition to submitting these matters to the RTC, these are also transmitted directly to the Republican Union of Employers of Armenia (RUEA) and the CTUA by official letter. The Government adds that draft replies to reports made to the ILO pursuant to articles 19 and 22 of the ILO Constitution are always submitted to the social partners, as was the case for the ILO Centenary Declaration. The Committee requests the Government to continue to provide detailed information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to: the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Comments adopted by the CEACR: Armenia

Adopted by the CEACR in 2021

C017 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C018 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)