Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 150) sur l'administration du travail, 1978 - Arménie (Ratification: 2005)

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.