AS A RESULT OF ADMINISTRATIVE PROCEEDINGS, THE EMPLOYER WAS FINED AND PAID THE EMPLOYEE’S AVERAGE SALARY
On August 5, 2021, with the support of the New Generation Humanitarian NGO, K.H. submitted an application to the Health and Labor Inspectorate (Inspection Body) of the Republic of Armenia stating that during her temporary unemployment she was illegally fired and the employer refused to pay the average salary for that period.
An administrative proceeding was initiated by the inspection body, and inspections were carried out at the
employer’s workplace, during which violations were registered.
During the administrative proceedings, the Employer undertook to pay the average salary to be paid to
K.P. during her temporary unemploymen and admitted their mistake.
On October 11, 2021, the Inspection Body decided to fine the Employer for not concluding a contract with the employee.
The pre-history of the case։
On July 22, 2021, beneficiary K.H appliet to New Generation Humanitarian NGO (NGNGO). The latter stated that since November 2020 she has been working in “Sofya Harutyunyan” P/E as a masseur. On May 19, 2021, due to an injury, she broke her hand, about which she immediately informed the Employer. Immediately after being discharged, she contacted the Employer to submit an unemployment form, but the latter was clarified that he was not already a registered employee and needn’t submit anything. However, K.H. did not receive any orders or notices of dismissal. The Accountant of the Organization then informed that K.P..is a registered employee and that there are problems with the accounts of the Private Entrepreneur. K.H. regularly sent unemployment forms to the Employer. However, during that period the average salary defined by the RA Labor Code was not paid to K.H.
Legal consultation was provided by New Generation Humanitarian NGO. Applications were sent to the Employer for a copy of the dismissal legal act, to wich no response was received. Then, an application was sent to the RA State Revenue Committe, from the extract of which it became clear that the Employer dismissed K.H. on May 19, 2021.
In order to solve the problem, with the support of New Generation Humanitarian NGO, an application was
submitted to the RA Health and Labor Inspection Body (Inspection Body). An administrative proceeding was initiated by the inspection body on August 5, 2021. Inspections were carried out by the inspection body at the workplace, during wich they demanded to submit the contract of K.H. and the legal act of dismissal. On August 30, 2021, the administrative hearing took place. The lawyer of New Generation Humanitarian NGO Shushan Khnkoyan was involved in the case, who represented the interests of K.H. in the administrative proceedings. The employer did not attend the hearing, as he did not submit the documents required by the inspection body.