- What is an employment contract and why is it mandatory?
According to the Labor Code of the Republic of Armenia, the employment obligations, remuneration conditions, and remuneration between the employee and the employer are defined and signed in a legal document, which is an employment contract. In the event of labor disputes, the employment contract ensures the protection of labor rights.
- What are the mandatory terms of an employment contract under RA legislation?
The main mandatory conditions of the employment contract include the employer’s and employee’s data: name, surname, position, employer’s tax registration number, main job responsibilities, contract term, working hours, salary amount, date of conclusion of the contract. The employment contract must be signed by the parties, otherwise it will not have legal force. The employment contract is concluded in two copies.
By mutual agreement of the employer and employee, the employment contract may also be concluded via postal or electronic communication.
- How to clearly define the employee’s job functions and responsibilities?
Job duties are a fundamental and mandatory part of an employment contract. Job duties can be divided and defined in two main parts:
General duties, which include the organization’s internal organizational rules, labor discipline, which includes treating the employer’s property in good faith, observing safety and confidentiality requirements.
Special duties, which define the tasks and requirements for their implementation that arise from the employee’s basic professional abilities and experience. Such duties should be defined as detailed and clear as possible, for example, what is required to be done, how, and what results are expected, in order to avoid misinterpretations and interpretations.
Along with job duties, it is also necessary to define the consequences of failure to fulfill or violate them, as well as what labor rights the employee has. They help to more effectively resolve difficulties in the event of labor disputes.
- What are the grounds for the termination of an employment contract?
An employment contract may be terminated by agreement of the parties, as well as on the initiative of each party.
To terminate the contract by agreement of the parties, the employer or the employee may notify the other party in writing of the intention to terminate the employment relationship.
If the parties agree, a written agreement is concluded, and the employment relationship is terminated.
An employment contract concluded for a certain period of time shall terminate upon the expiration of the term.
An employment contract may be terminated at the initiative of the employer in the event of liquidation of the employer, change in the volume of work, reduction, as well as in the event of non-compliance with the position, violation of the conditions established by the employment contract or disciplinary rules, including in the event of unjustified absence.
- Is it possible to sign a fixed-term employment contract?
According to the Labor Code of the Republic of Armenia, an employment contract is concluded for a definite, i.e. specific period, which can be determined by a calendar period or by the completion of the work stipulated in the employment contract.
However, if the validity period of an employment contract concluded with the same employee for the same work for a definite period is extended, or an employment contract is concluded with the same employee for the same work for the same employer for the second time within a month, then the employment contract is considered concluded for an indefinite period.
- What are the notice periods for terminating an employment contract?
According to the Labor Code, in the event of termination of the employment contract by agreement of the parties, the other party is given seven days after the proposal is submitted to express its agreement or disagreement.
In the event of termination of the employment contract at the initiative of the employer, the employer is obliged to notify the employee in writing at least thirty days in advance.
The employee has the right to terminate the employment contract on his own initiative, as well as an employment contract concluded for a fixed term before its expiration, notifying the employer in writing at least five days in advance.
- Must the salary amount be specified in the contract?
Salary is an important part of the employment contract and must be determined by the employment contract. According to the Labor Code, the employer is obliged to pay the employee a salary in exchange for performing the work stipulated in the contract.
Salary includes the basic salary and additional salary paid by the employer to the employee for the work performed: supplements, bonuses, surcharges and bonuses.
