Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Arménie (Ratification: 2003)

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The Committee notes the observations from the Confederation of Trade Unions of Armenia (CTUA) received on 1 September 2023 concerning issues addressed in the present comment. The Committee had previously requested the Government to provide its comments on observations from the CTUA received on 30 September 2020 regarding alleged violations of the Convention in practice. The Committee expects the Government to take all necessary actions to ensure full compliance with the Convention with respect to these alleged violations and to provide its detailed comments in this respect in its next report.

Legislative developments. The Committee notes that the Government informs that Law HO-160-N, On Amendments and Additions to the Labour Code of the Republic of Armenia, was adopted on 3 May 2023.

Article 3 of the Convention. Machinery for ensuring respect for the right to organize. The Committee welcomes new clause 6 of section 25 of the Labour Code according to which the representatives of employees have the right to appeal to the court against the decisions and actions of employers which violate employees’ rights. The Committee notes at the same time that the CTUA mentions that the draft law on Additions to the Code of Civil Procedure, by which the representatives of employees will be given the right to act as representatives in courts has not been circulated yet. TheCommittee requests the Government to take all the necessary measures so that the right recognized in clause 6 of section 25 of the Labour Code can be exercised in court. The Committee requests the Government to provide a copy of the Additions to the Code of Civil Procedure once adopted.

Article 4. Promotion of collective bargaining. The Committee had previously expected the Government to amend section 23 of the Labour Code according to which both trade unions and “workers’ representatives” enjoyed the right to negotiate collective agreements at the enterprise level. The Committee notes with satisfaction that section 23 has been amended by Law HO-160-N and that, as a result, “workers’ representatives” can only negotiate collective agreements in a determined enterprise in the absence of a trade union.

The Committee notes the amendment to section 45, “Collective agreements” paragraph 2 of the Labour Code according to which a party receiving notice of the desired collective bargaining is obliged to provide the other party its position on taking part in it within seven days pursuant to section 66. The Committee notes the observations from the CTUA that the amendment provides a deadline for expressing a position, but that trade unions do not have sufficient tools to invite employers to negotiate since there are no effective means set by the legislation to overcome a possible rejection. Recalling that the principle of negotiation in good faith, which is derived from Article 4 of the Convention, takes the form, in practice of certain obligations, namely recognizing representative organizations, endeavouring to reach agreement, and engaging in real and constructive negotiation (General Survey of 2012 on the fundamental Conventions, paragraph 208), the Committee requests the Government to give clarifications on the application of section 45(2) of Law HO-160-N and on the available avenues in case of a rejection to enter into negotiations with a representative trade union.

The Committee notes the amendments to paragraphs 1 and 2 of section 51 of the Labour Code, replacing the terms “registration” by “reckoning”, and “state authorized body” by “inspection body”, and the addition of paragraph 3 to the aforementioned section 51 as well as the addition of section 59.1. The Committee notes that paragraph 3 of section 51 states that the procedure for recording republican, branch and territorial collective agreements shall be defined by the Government. The Committee notes that section 59.1 of the Labour Code deals with the procedures relating to the reckoning of collective bargaining and the bringing into force of an organization’s collective bargaining agreement. The Committee notes the Government’s indication that with the amendments made to section 51 and 59.1 of the Labour Code, it is envisaged that the body exercising state control over labour legislation will also carry out the accounting of national, branch, territorial and organization collective agreements, and that these amendments will encourage workers’ representatives to undertake collective negotiations aimed at concluding collective agreements. Recalling that provisions whereby approval may be refused are only compatible if the agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation (General Survey of 2012 on the fundamental Conventions, paragraph 201), the Committee requests the Government to clarify: (i) the nature of the inspection body mentioned in sections 51 and 59.1; and (ii) if the referred provisions of the Labour Code have any impact on the smooth registration of collective agreements.

The Committee had previously requested the government to amend sections 59(4) and 61(2) of the Labour Code, whereby if an enterprise is restructured or privatized, the collective agreement is considered to be unilaterally terminated, irrespective of its validity period. The Committee notes with satisfaction that the sections have been amended, particularly to remove the stipulation in section 59(4) that a collective agreement is no longer valid upon reorganization of the organization, as well as the case provided for section 61(2) of this Code when an organization is privatized.

The Committee finally notes from the observations of the CTUA concerning section 3 of the Labour Code (Principles of the labour legislation) that clause 9 of paragraph 1 of this section mentions “freedom” rather than the word “right” to collective bargaining. The Committee requests the Government for clarification on the interpretation of this section.

Welcoming the mentioned amendments to the Labour Code,the Committee invites the Government to provide information on any further developments on the promotion and the protection of collective bargaining.