Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Armenia (Ratification: 2006)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 30 August 2013.

Article 2 of the Convention. 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) the informal sector workers; and
• – section 4 of the Law on Employers’ Organizations and section 2 of the Law on Trade Unions so as to lower the minimum membership requirements set for the establishment of organizations at the national, sectoral and territorial levels.

The Committee notes that in its report, the Government indicates that tripartite consultations and discussions are being planned on these issues. With regard to the informal sector, however, the Government indicates that workers engaged in this sector cannot be members of trade unions as pursuant to section 102 of the Labour Code, working without a labour contract is illegal. The Committee recalls that workers in the informal sector should have the right to organize and to collective bargaining to establish and join organizations freely and to represent their members in relation to the public authorities in structures established for the purpose of social dialogue. The Committee trusts that pursuant to the abovementioned tripartite exchanges measures will be proposed to amend the legislation, and requests the Government to provide information in its next report on developments in this regard.

Article 3. The Committee had previously requested the Government to take the necessary measures to amend sections 13(2), (1) and 14 of the Law on Employers’ Organizations, 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). The Committee notes the Government’s indication that the Republican Union of Employers of Armenia suggested to establish a working group to discuss this issue and that the Ministry of Labour and Social Affairs intends to engage with the social partners in this regard in the near future. The Committee requests the Government to provide information on developments in this regard.

The Committee had also requested the Government to take the necessary measures to amend 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 (if a strike is declared by a subdivision of an organization, a vote by two-thirds of employees of that subdivision is required, but if such a strike hampers the activities of other subdivisions, the strike should be approved by two-thirds of employees of the subdivision, which may not be less than half of the total number of employees of an organization). It considered that the requirement of a decision by over half of all the workers involved in order to declare a strike was excessive, and recalled in this respect that if a member State deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level. Moreover, the Committee had requested the Government to take the necessary measures to amend section 77(2) of the 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 notes the Government’s indication that the Code will be amended in the near future, so as to take into account the issues of its implementation in practice, as well as the requirements of the European Social Charter and ILO Conventions. The Committee requests the Government to provide information on developments in this regard.

Article 4. The Committee had requested the Government to clarify the meaning of section 20(3) of the Law on Employers’ Organizations, providing for liquidation and restructuring of employers’ organizations, according to which “restructuring of an employers’ organization shall not be allowed”. The Committee had also noted that section 11(2) of the Law on Trade Unions is to the same effect. In the absence of the information provided by the Government, the Committee reiterates its request.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.