Labour Administration Convention, 1978 (No. 150) - Armenia (Ratification: 2005)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 1 (scope and organization of the labour administration system), 2 (delegation of certain activities of labour administration to employers’ and workers’ organizations), 6 (preparation and administration of national labour policy) and 10 (staff of the labour administration system).

Review of the Labour Code. The Committee notes with interest that the Government has requested ILO technical assistance in the form of legislative comments on the draft amendments to the Labour Code that have been communicated to the Office. The Committee requests the Government to provide information on the progress made with the adoption of the amendments to the Labour Code and to provide a copy to the ILO of the revised Labour Code once it has been adopted.

Legislation. The Committee recalls that it previously asked the Government to provide copies of several legislative texts to enable it to undertake a comprehensive assessment of the national legislation in relation to the Convention. It notes that some of these laws have now been communicated to the Office, but that others have not yet been sent, for example Decree No. 357-N of 25 July 2013 amending a number of laws and repealing Government Decision No. 1146-N of 29 July 2004 on the establishment of the State Labour Inspection within the Ministry of Labour and Social Affairs. The Committee requests the Government to provide a list of the applicable laws, administrative regulations and other legal texts in their current version that apply the provisions of the Convention. Please provide the Office with a copy of these texts, where this has not yet been done.

Article 4. Organization and effective functioning of the system of labour administration in a coordinated manner. The Committee notes the Government’s general indications, in reply to the Committee’s previous question concerning the effective functioning and coordination within the system of the labour administration system, that coordination is provided for in the legislative texts governing the Ministry of Labour and Social Affairs (MOSAL) and its external structures and that such coordination also takes place in practice.

In this regard, the Committee recalls that in its 2012 observation on the application of the Labour Inspection Convention, 1947 (No. 81), it noted the coexistence of three inspection bodies, i.e. the State Labour Inspectorate, the State Hygiene and Anti-Epidemic Inspectorate (now merged into the State Health Inspectorate under the Ministry of Health) and the National Centre for Technical Safety whose competencies overlap and whose mandate, competence and purpose are not always clear. It further recalls that in its 2013 direct request on the application of the Employment Policy Convention, 1964 (No. 122), the activities of private employment agencies have been left out of the state employment regulation policy, with no efficient collaboration with the State Employment Service Agency. The Committee requests the Government to further specify how an effective coordination is ensured among the functions and responsibilities of the various entities within the system of labour administration (exchange of information, joint activities, etc.). Please indicate in particular, how the interaction between the newly created State Health Inspectorate under the Ministry of Health and the National Centre for Technical Safety is ensured, and also provide information on any steps taken to promote coordination between the State Employment Agency and the private employment services.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee previously noted the information provided by the Government concerning the system of social partnership at the national, sectorial, local and enterprise levels. In this regard, it notes that the Government indicates that progress has been made in recent years at the national level with the system of social partnership, and that it refers in this regard to the establishment of the Tripartite National Committee and the signing in 2012 of a new national collective contract determining basic regulations on labour relations between the Government, the Confederation of Trade Unions of Armenia (CTUA) and the Union of Manufacturers and Entrepreneurs of Armenia (UMEA).

The Committee further notes that the Government has not provided the requested information on the establishment and activities of other tripartite instances for consultation and negotiation, in addition to the national and local agreement committees that participate in the elaboration of the national employment policy. The Committee therefore once again requests the Government to provide information on the establishment of other tripartite consultation mechanisms (for instance, on sectorial labour policies, etc.). It also once again requests the Government to provide information on the effectiveness of negotiations and consultations within these mechanisms, including their frequency, content and results.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee previously noted with interest that according to the Government, the labour administration system covers categories of workers listed in Article 7 of the Convention who are not, in law, employed persons, like self-employed persons or members of cooperatives. It noted however, that the Labour Code applies to “employees”. The Committee notes that the Government refers to certain provisions of the Labour Code that do not clarify whether workers that are not, in law, employed persons are covered by the Labour Code. However, the Committee also notes the Government’s indication in its reply under Article 6 which appears to suggest that those categories are covered by social security and employment promotion measures. The Committee once again requests the Government to specify whether occupational safety and health legislation covers workers who are not, in law, employed persons, for example, tenants, sharecroppers and similar categories of agricultural workers and whether social security legislation allows for affiliation of self-employed workers. The Committee would also appreciate additional information on any policies and strategies with respect to workers in the informal economy.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. The Committee notes the Government’s indication that administrative functions have been delegated to self-governed bodies, where the law so provides and that they are supervised by the national bodies. The Committee requests the Government to indicate the parastatal and local agencies to which labour administration activities have been delegated and describe the manner in which they are being supervised.

Application in practice. The Committee notes from Annex 1 of Decree No. 1821-N of 14 November 2002 on the establishment of the Public Management Organization – “Staff of the Ministry of Labour and Social Affairs of the Republic of Armenia” and approving the Statutes and Organizational Chart of the Ministry of Labour and Social Affairs, that a report on the activities of the MOSAL is published annually. The Committee requests the Government to communicate extracts of the annual reports on the activities of the MOSAL, if possible in one of the working languages of the ILO. Please also give a general overview of the manner in which the Convention is applied, and provide information on any practical difficulties encountered in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report, which was received on 2 November 2009, as well as the comments made thereon by the Confederation of Trade Unions of Armenia (CTUA) and the Republican Union of Manufacturers and Entrepreneurs of Armenia (UMEA).

In order to be able to undertake a comprehensive assessment of national legislation in relation to the Convention, the Committee would be grateful if the Government would provide copies of the following legislative texts in its next report: Administrative Infractions Code, 6 December 1985; Law on Community Service of 14 December 2004; Law on State Statistics of 4 April 2000; Law on Administrative Conduct and Principles of 13 December 2004; Law on Organizing and Conducting Controls of 17 May 2000; Governmental Decision No. 1821 of 14 November 2002 to create Public Management Organization – “Staff of the Ministry of Labour and Social Affairs of the Republic of Armenia” and approving the Statutes and Organizational Chart of the Ministry of Labour and Social Affairs, and the list and size of the property being passed to the Ministry; Governmental Decision No. 1146-N of 29 July 2004 on Approving the Creation of State Labour Inspection within the Ministry of Labour and Social Affairs, approving its statutes and changing and amending the Governmental Decision No. 1821 of 14 November 2002.

Article 1 of the Convention. Scope and organization of the labour administration system. The Committee takes note of the information provided by the Government on the coverage and organization of the labour administration system, including the organigram of the Ministry of Labour and Social Affairs. The Committee would be grateful if the Government would indicate in its next report any changes in the structure of the Ministry which may have taken place during the reporting period and specify whether the Ministry has a regional structure (e.g. number and functions of any regional offices). Please also indicate whether certain departments of the Ministry like, for instance, the employment centres, and medical-social examination agencies are semi-autonomous bodies.

Article 2. Delegation of certain activities of labour administration to employers’ and workers’ organizations. The Committee notes that section 38 of the Labour Code seems to enable trade unions to carry out enforcement functions in case of violation of workers’ rights. Among other things, trade unions appear to have the power to declare invalid actions of the Government or local self‑government bodies which violate labour rights; prevent and eliminate such actions; ensure “self-protection” of labour rights; or terminate/modify legal relationships. The Committee requests the Government to provide examples illustrating the way in which the enforcement powers under section 38 of the Labour Code are exercised in practice by trade unions.

Article 4. Organization and effective operation of a system of labour administration. The Committee takes note of the information provided by the Government on the organization and operation of the labour administration system. The Committee would be grateful if the Government would indicate the manner in which priorities and targets are set, activities are planned and reporting is carried out so as to ensure the effective operation of the system. The Committee would also be grateful if information were provided in the next report on the activities carried out and results obtained by the Ministry of Labour and Social Affairs during the reporting period. Finally, please indicate the means through which an effective coordination is ensured among the functions and responsibilities of the various entities within the system, information on the interaction between the Ministry of Labour, as the central authority, and any local offices as well as subordinated agencies of the Ministry.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee notes the information provided by the Government on the system of social partnership, which has been established by articles 40 and 41 of the Labour Code at national, sectorial, territorial and enterprise level. It also notes that according to the Government, negotiations and consultations on the terms and conditions of public employees and on ILO Conventions and labour legislation take place with employers’ and workers’ representatives at national, regional and local levels. The Committee however, takes note of the comments made in this regard by the CTUA according to which, the negotiations envisaged on the terms and conditions of employment of workers at the public and private sectors respectively under Ordinance No. NH-223 of 27 April 1993 and the Labour Code of 2004, do not take place in practice. Finally, the Committee notes that tripartite “local agreement committees” are set up in accordance with section 16 of the Law on Employment of the Population and Social Protection in Case of Unemployment in order to examine questions relating to the promotion of employment. Nevertheless, according to the Government’s report under Convention No. 122, these committees do not appear to play a sufficiently active and direct role in the elaboration of employment policy. The Committee would be grateful if the Government would provide information in its next report on the effectiveness of the existing consultation and negotiation mechanisms, in particular, through data on the frequency, scope and content of consultations or negotiations taking place at national, local or sectorial levels. It would also appreciate information on the establishment of any additional tripartite consultation mechanisms for instance, on sectorial labour policies, or of any tripartite structures such as tripartite management boards within administrative entities etc., and on the functioning of these mechanisms or structures in practice.

Article 6(2)(b)–(d). Preparation and administration of a national labour policy. The Committee takes note of the information provided by the Government with regard to the activities of the Ministry of Labour and Social Affairs in the context of the preparation, administration and review of a national labour policy. The Committee notes in particular that the employment policy is conducted in accordance with the Law on Population’s Employment and Protection in Case of Unemployment and that employment projects are conducted through the State Employment Service. The Committee would be grateful if the Government would provide further information on the activities of the Ministry of Labour and Social Affairs directed at the systematic study of the situation of the working population and the unemployed as well as on the mechanisms and institutions for the detection of legal deficiencies and appropriate remedies (Article 6(2)(b)).

The Committee notes from the Government’s report that seminars are offered to the social partners at the national, regional and local levels. The Committee would be grateful if the Government would provide information on the content, scope and frequency of training activities as well as their impact. The Committee would also be grateful if the Government would provide examples of services it makes available to employers and workers, for instance, the registration of trade unions or dispute resolution bodies (Article 6(2)(c)).

Noting also that according to Article 10(2)of the Law on the State Labour Inspectorate, the labour inspection services provide technical advice on labour laws and the field of occupational safety, the Committee would be grateful if the Government would indicate which bodies are entrusted with the provision of technical advice relating to labour relations and other labour matters not covered by the abovementioned provision (Article 6(2)(d)).

Article 7. Gradual extension of the functions of the system of labour administration. The Committee notes with interest that according to the Government, the labour administration system covers categories of workers listed in Article 7 of the Convention who are not, in law, employed persons, like self‑employed persons or members of cooperatives. The Committee notes however, that the Labour Code applies to “employees”. The Committee would be grateful if the Government could specify whether occupational safety and health legislation covers workers who are not, in law, employed persons, for example, tenants, sharecroppers and similar categories of agricultural workers and whether social security legislation allows for affiliation of self-employed workers. The Committee would also appreciate additional information on any policies and strategies with respect to workers in the informal economy.

Article 9. Supervision of parastatal and regional or local agencies to which particular labour administration activities may have been delegated. Please indicate whether parastatal agencies exist and whether labour administration activities have been delegated to any local agencies of the Ministry and describe the manner in which these parastatal and local agencies are being supervised.

Article 10. Staff of the labour administration system. The Committee notes the information provided by the Government on the status, numbers, recruitment and remuneration of civil servants. The Committee would be grateful if the Government would specify whether contract workers exist in the public sector, parallel to public servants, and specify their proportion. Please also describe the system of career development and remuneration of the staff of the labour administration system, for instance, whether there is a system of accreditation based on periodical examinations or a system of performance pay and the criteria applied in this framework.