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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments

The Committee notes the observations of the Confederation of Trade Unions of Armenia (CTUA) transmitted with the Government’s report and the additional observations of the CTUA received on 29 August 2023, which refer 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 previously urged the Government to take 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. The Committee notes with regret that the Government reiterates that, while the possibility of amending the Law on Trade Unions is being discussed, the right of civilian personnel in the police and security services to join trade unions is not restricted by either section 6 of the Law on Trade Unions, the Law on the Police Service or the Law on the Service in the National Security Bodies. In this regard, the Committee recalls once again, 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 also recalls once again that all workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing and 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.

In addition, the Committee notes that, as observed by the CTUA, the Constitutional Court decided on 11 April 2023 that section 6(5) of the Law on Trade Unions is unconstitutional insofar as it prescribes an absolute ban on freedom of association for the employees of the armed forces, the police, national security, the Prosecutor’s Office, as well as judges (including of the Constitutional Court). For the same reason, the Constitutional Court found the following provisions to be unconstitutional: section 39(1) of the Law on the Police Service, section 43(1) of the Law on the Service in the National Security Bodies, and section 8(1) of the Law on Military Service. The Committee notes that the Constitutional Court has set a deadline of 11 November 2023 for the National Assembly to bring these provisions into compliance with the Armenian Constitution. The Committee expects that the Government will take all necessary measures to give effect to the above-mentioned decision of the Constitutional Court and to amend the above-mentioned laws so as 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. The Committee requests the Government to provide information on progress made in this respect in its next report, including copies of the amended laws if adopted.

Minimum membership requirement. The Committee recalls that it 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, sectoral and national levels, so as to lower the minimum membership requirements. The Committee recalls that it considers the minimum membership requirements as set out in the above legislative provisions to be too high as they would appear to ensure that there is in fact 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 that the Government reiterates that it is working on amending the Law on Trade Unions as well as the Law on Employers’ Unions, and adds that it is receiving technical assistance from the ILO in the process of amending the Law on Employers’ Unions. Noting that the Government benefits from the technical assistance of the ILO, the Committee trusts that amendments will be made in the near future, in consultation with the social partners, to both the Law on Trade Unions and the Law on Employers’ Unions, so as to reduce the minimum membership requirements and ensure the possibility of creation of more than one organization at different levels. The Committee requests the Government to provide information on progress made in this respect.

Article 3. Right of organizations to organize their administration and activities in full freedom. The Committee 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). Noting that the amendment process for the Law on Employers’ Unions is under way, the Committee expects that, in consultation with the social partners, the Law on Employers’ Unions will be amended in the near future so as to ensure that only formal requirements are laid down in the national legislation with regard to the functioning of organizations.

The Committee also requested the Government to amend the following sections of the Labour Code:

• section 74(1), 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;
• section 77(2), 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 Law HO-160-N was adopted on 3 May 2023, which amended sections 74(1) and 77(2) of the Labour Code. The Committee notes with satisfaction the amendment made to section 74(1), which lowers the strike vote requirement (a vote is now required by “the majority of votes of workers who participated in the vote, which cannot be less than half of the total number of workers or half of the employees of the organization”, or of the subdivision if the strike is declared by a subdivision).

The Committee notes with satisfaction the amendment made to section 77(2) of the Labour Code, which now provides for negotiations with the social partners to determine the minimum services required during a strike.

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

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s report and will examine the application of the Convention in the country once the translation thereof becomes available.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations from the International Organisation of Employers (IOE) in a communications received on 1 September 2016, which are of a general nature. It further notes 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, referring to the issues raised by the Committee below.

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 the staff of the Constitutional Court have established a trade union affiliated to the Republican Sectoral Trade Union of State Institutions, Local Authorities and Public Services in Armenia. With regard to members of the Constitutional Court, the Government explains that because the Law on the Constitutional Court guarantees financial and social independence to their members (by establishing in its section 12 that the state provides with adequate living and working conditions), there is no need for establishing a trade union representing members of the Court. Referring to Article 9 of the Convention, the Government further reiterates that police and security public servants cannot establish trade unions and that their rights are protected by relevant laws. With regard to the informal sector, 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. Regarding the right to organize of self-employed persons, the Government indicates that no solution has been proposed by the social partners in this respect and that technical assistance of the ILO is thus necessary. The Committee recalls that the right to organize should be guaranteed without distinction, to all workers, including to all public servants and officials, judges, self-employed, those working in liberal professions and workers in the informal economy, and that the only authorized exceptions from the scope of application of the Convention concern members of the police and the armed forces. With regard to the latter, the Committee considers that civilians employed in such services, should be granted the right to establish organizations. The Committee therefore once again requests the Government to amend its constitutional and legislative provisions so as to ensure that employees of the Prosecutor’s Office, judges, members of the Constitutional Court, civilians employed by the police and security service, self employed workers, those working in liberal professions, and workers in the informal economy can establish organizations for furthering and defending their interests. Noting that the Government has requested technical assistance of the Office to address this matter, the Committee expects that the Government’s next report will contain information on the measures taken to bring the legislation into conformity with Article 2 of the Convention.

Articles 2 and 3. Right to establish organizations without previous authorization and right of these organizations to organize their administration and activities in full freedom. The Committee recalls that it had previously requested the Government to amend:

• -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;
• -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);
• -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;
• -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 tripartite consultations and discussions are still ongoing, and that no agreement has been reached by the social partners on the issues outlined above. The Government indicates that the RUEA suggested to establish a tripartite working group to discuss these issues, and requests technical assistance of the Office in this regard. Recalling that the suggestion to establish a working group was first noted by the Committee in 2013, the Committee trusts that such a tripartite working group will be established without further delay. Noting that technical assistance of the Office was requested to address this matter, the Committee expects that the Government’s next report will contain information on the measures taken to bring its legislation into full conformity with the Convention.

The Committee had previously requested the Government to clarify the meaning of section 20(3) of the Law on Employers’ Organizations concerning 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. The Committee notes the Government’s explanation that any reorganization of a legal person is a formation of a new legal entity, subject to registration and allowable under those circumstances.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing without previous authorization. The Committee had previously noted that pursuant to article 28 of the Constitution of the Republic of Armenia, freedom of association, including the right to form and join trade unions, may be restricted in a manner prescribed by law for employees of the Prosecutor’s Office, as well as judges and members of the Constitutional Court. The Committee requested the Government to indicate whether these categories of workers can establish and join organizations of their own choosing. The Committee notes that in its report, the Government indicates that such employees do not enjoy the right to form trade unions. The Committee further notes that section 6 of the Law on Trade Unions (as amended in 2006) stipulates that public servants employed in the Prosecutor’s Office, police, national security service, as well as judges and members of the Constitutional court cannot be members of trade union organizations. Recalling that pursuant to Article 2 of the Convention, these categories of workers should enjoy the right to form and join organizations for the purpose of furthering and defending their occupational and economic interests, the Committee requests the Government to take the necessary measures to amend its legislation so as to ensure that employees of the Prosecutor’s Office, judges and members of the Constitutional Court, as well as civilians employed by the police and security service can establish and join organizations of their own choosing. It requests the Government to indicate all measures taken or envisaged in this respect.

The Committee notes that pursuant to section 6 of the Law on Trade Unions, a signed employment contract with a given employer is a perquisite for trade union membership. The Committee recalls that by virtue of Article 2, workers without distinction whatsoever shall have the right to establish and join organizations of their own choosing. The Committee considers that the criterion for determining the persons who should enjoy this right should not be based on the existence of an employment relationship, which is often non-existent, for example in the case of self-employed workers or those who practice liberal professions, or in the informal sector. The Committee therefore requests the Government to indicate in its next report any measures taken or envisaged to ensure the rights afforded by the Convention to the abovementioned categories of workers, i.e. workers who for various reasons may not have a formal contract of employment.

The Committee had previously noted section 4(1) and (2) of the Law on Employers’ Organizations, which provides 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). The Committee had considered that the minimum membership requirements as set out in section 4 of the Law 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 employers’ organization per territory or a particular sector in the territory. The Committee had recalled in this respect that the minimum membership requirement should be fixed in a reasonable manner so that the establishment of organizations is not hindered (see General Survey on freedom of association and collective bargaining, 1994, paragraph 81). The Committee notes the Government’s indication that the issue of amending the Law on Employers’ Organizations will be discussed with the relevant social partners.

The Committee notes that section 2 of the Law on Trade Unions sets out similar prerequisites for federations of trade unions at the territorial, sector and national levels for the purpose of representing workers’ labour, professional, social and economic rights and interests, and protection in labour relations with employers’ organizations and state bodies by requiring more than half of trade unions which include the majority of workers at the respective level. The Committee expresses the hope that the Government will take the necessary measures in order to amend the Law on Employers’ Organizations and the Law on Trade Unions in consultation with the social partners so as to lower the minimum membership requirements set for establishing organizations at the national, sectoral and territorial levels and to ensure that more than one organization can be established at each level. It requests the Government to provide in its next report information on the measures taken or envisaged in this respect.

Article 3. Right of organizations to draw up their constitutions and rules and to organize their administration in full freedom. The Committee had previously noted that sections 13(2)(1) and 14 of the Law on Employers’ Organizations regulated 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 had therefore requested the Government to consider amending these provisions so as to ensure that only formal requirements are laid down by the national legislation with regard to charters of organizations. The Committee notes the Government’s indication that this issue will be discussed with the relevant social partners. The Committee trusts that the Government’s next report will contain information on the measures taken to amend the abovementioned provisions.

Right to strike. The Committee had previously noted 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. The Committee considered that the requirement of a decision by over half of all the workers involved in order to declare a strike is excessive and recalled in this respect, that if a member State deems it appropriate to establish in its legislation provisions which 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 (see General Survey, op. cit., paragraph 170). The Committee had therefore requested the Government to take the necessary measures in order to amend section 74 of the Labour Code so as to lower the required majority and to ensure that account is taken only of the votes cast. The Committee notes the Government’s indication that section 74(1) has been amended by adding the following wording: “in case of absence of a trade union in the organization, the responsibility for declaring a strike by the decision of the staff meeting (conference) is transferred to the relevant branch or regional trade union”. The Committee understands that the new amendment deals with the situation of absence of a union, but does not address the issue previously raised by the Committee. The Committee therefore reiterates its previous requests and expresses the hope that the Government’s next report will contain information on the measures taken or envisaged to amend section 74 of the Code so as to bring it into conformity with the principle above.

The Committee had previously noted section 77(2) of the Labour Code providing that minimum services are determined by the corresponding state and local self-governance entities and requested the Government to take the necessary measures to amend this provision so as to ensure that the parties are able to participate in the definition of what constitutes a minimum service. The Committee notes the Government’s indication that the issue of amending section 77 of the Labour Code will be further examined in the framework of other possible amendments to this piece of legislation. The Committee expresses the hope that the Government’s next report will contain information on the measures taken or envisaged in this respect.

Article 4. Dissolution of organizations. The Committee had previously requested the Government to clarify the meaning of paragraph 3 of section 20 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 notes that paragraph 2 of section 11 of the Law on Trade Unions is to the same effect. The Committee notes the Government’s indication that the issue of amending the Law on Employers’ Organizations will be discussed with the relevant social partners. The Committee expresses the hope that the Government’s next report will contain information on the meaning of the abovementioned provisions and their application in practice.

The Committee further once again requests the Government to provide concrete examples of circumstances where the property of a liquidated organization could be rendered to the State, pursuant to section 20(4) of the Law.

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

The Committee notes the Government’s first report.

The Committee notes the provisions of the Constitution of the Republic of Armenia (1995), Labour Code (2004), as amended in 2010, the Law on Employers’ Organizations (2007) and the Law on the State Registration of Legal Entities (2001). It further notes the Law on Trade Unions (2000) as amended on 24 October 2006, which the Committee will examine once the translation thereof is available.

Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing without previous authorization. The Committee notes that according to article 28 of the Constitution, freedom of association, including the right to form and join trade unions, may be restricted in a manner prescribed by law for employees of the Prosecutor’s Office, as well as judges and members of the Constitutional Court. Recalling that pursuant to Article 2 of the Convention, these categories of workers should enjoy the right to form and join organizations for the purpose of furthering and defending their occupational and economic interests, the Committee requests the Government to indicate whether employees of the Prosecutor’s Office, as well as judges and members of the Constitutional Court can establish and join organizations of their own choosing and provide a copy of the relevant legislative texts.

The Committee notes section 4(1) and (2) of the Law on Employers’ Organizations, 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). The Committee recalls that the minimum membership requirement should be fixed in a reasonable manner so that the establishment of organizations is not hindered (see General Survey on freedom of association and collective bargaining, 1994, paragraph 81). The Committee considers that the minimum membership requirements as set out in section 4 of the Law 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 employers’ organization per territory or a particular sector in the territory. In this respect, the Committee notes that several provisions of the Law expressly refer to the Republican Employers’ Union. The Committee therefore requests the Government to take the necessary measures in order to amend the Law on Employers’ Organizations so as to lower the minimum membership requirements set for establishing employers’ organizations at the national, sectoral and territorial levels and to ensure that more than one organization can be established at various levels. It requests the Government to provide, in its next report, information on the measures taken or envisaged in this respect.

The Committee notes that pursuant to section 12 of the Law on Employers’ Organizations, referring to section 16 of the Law on State Registration of Legal Entities, the state registration of an organization may be denied in cases of violation of the legislation or inconstancy with the procedure of establishment of legal entities. It appears that in such cases, the registration procedure (which could take up to 30 days) would have to be recommenced. The Committee requests the Government to consider amending section 16 of the Law on State Registration of Legal Entities so as to provide to employers’ (and workers’ organizations, if appropriate), seeking registration, adequate time to rectify any difficulties instead of obliging them to redo the procedure.

Article 3. Right of organizations to draw up their constitutions and rules and to organize their administration in full freedom. The Committee notes section 13(2)(1) of the Law on Employers’ Organizations setting out requirements with regard to the name of an organization (the obligatory use of the words “employers’ union” for all employers’ organizations and “Armenia” for a national organization). The Committee notes section 14 of the Law setting out in detail the rights and responsibilities of the congress of an employers’ organization. The Committee considers that these provisions regulate in detail matters that should be decided upon by organizations themselves. The Committee therefore requests the Government to consider amending these provisions so as to ensure that only formal requirements are laid down by the national legislation with regard to charters of organizations.

Right to strike. The Committee notes section 74(1) of the Labour Code regulating the declaration of a strike. The Committee notes that a vote by two‑thirds of an organization’s (enterprise’s) employees is required 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. The Committee considers that the requirement of a decision by over half of all the workers involved in order to declare a strike is excessive. The Committee recalls in this respect, that if a member State deems it appropriate to establish in its legislation provisions which 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 (see General Survey, op. cit., paragraph 170). The Committee therefore requests the Government to take the necessary measures in order to amend section 74 of the Labour Code so as to lower the required majority and to ensure that account is taken only of the votes cast.

The Committee further notes section 77(2) of the Labour Code providing that minimum services are determined by the corresponding state and local self‑governance entities. In the view of the Committee, minimum service should meet at least two requirements. Firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. It would be highly desirable for negotiations on the definition and organization of the minimum service not to be held during a labour dispute, so that all parties can examine the matter with the necessary objectivity and detachment. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey, op. cit., paragraph 161). The Committee requests the Government to take the necessary measures to amend section 77(2) of the Labour Code so as to ensure that the parties are able to participate in the definition of what constitutes a minimum service.

The Committee requests the Government to indicate in its next report all measures taken or envisaged to amend sections 74(1) and 77(2) of the Labour Code so as to bring them into conformity with the Convention taking into account the principles above.

Article 4. Dissolution of organizations. The Committee notes section 20 of the Law on Employers’ Organizations providing for liquidation and restructuring of employers’ organizations. The Committee requests the Government to clarify the meaning of paragraph 3 of this section, according to which “restructuring of an employers’ organization shall not be allowed”. The Committee further requests the Government to provide concrete examples of circumstances where the property of a liquidated organization could be rendered to the State, pursuant to section 20(4) of the Law.