When managing remote and hybrid workforces, Armenian employers have to navigate a multitude of employment laws and regulations that govern labor relations. Comprehending these legal frameworks is important for maintaining uniformity and having a strong workforce on board.
Employment laws in Armenia: The labor code
Armenia’s Work Code fills in as the primary lawful structure that oversees business connections, including the administration of remote and half-breed labor forces. Starting with workplace flexibility. Based on The Labor Code, the employees are permitted to have flexible working arrangements, including remote work. Currently, there are no specific laws dedicated to remote jobs, however some provisions still exist. One of those is the working hours, the employers must adhere to regulations related to maximum working hours and mandatory rest periods.
Another specific law related to these provisions reflects the health and safety of the employees. For example, employers must make sure that the remote job doesn’t disturb the employees’ health and safety. These specific obligations are limited when the employees work from home or other similar locations. In many cases, law firms in Armenia help companies manage the overall processes related to remote and hybrid jobs with no additional stress.
Employee rights
Regardless of whether they are employed on-site or remotely, Armenian employees are entitled to the following rights under the Labor Code:
- Safe Workplace: It is the entitlement of employees to a safe workplace. Employers are still required to take the appropriate safety and health precautions for their employees, even when they work remotely.
- Access to Resources: Employers are not required by the Labor Code to provide equipment or pay for travel expenses when employees work remotely. However, employment contracts or other separate agreements can set forth agreements pertaining to these matters.
Data protection
Data protection is a top priority for companies overseeing remote workers due to the increase in remote work.
- Observance of data protection legislation: Despite the absence of comprehensive data protection legislation akin to the GDPR in Armenia, employers are nonetheless required to manage personal data with care.
- Security precautions: To protect sensitive information accessed remotely, employers should put in place the proper organizational and technical safeguards. This has to do with safeguarding confidential data from breaches and enabling secure access to corporate networks.
Recent field developments
Clearer regulations regarding remote work arrangements were established by amendments to the Labor Code that were enacted on November 25, 2023. Important alterations consist of:
- Mutual consent for the remote job: When the requirements of the job permit it, employers and employees can now arrange for remote work to be done by mutual consent.
- Accessibility requirements: Workers are expected to fulfill their job responsibilities and make themselves available to their employers during remote work hours. If they don’t, this can cause labor discipline violations.
- Internal regulations: Collective bargaining agreements or internal regulations may specify the terms and conditions for working remotely, including the payment of material and equipment costs.
These modifications aim to provide greater clarity regarding remote work practices with regard to employer obligations and employee rights.
Managing hybrid workforces
Starting from establishing hybrid workforces. Employers have a right to set clear policies about the hybrid workforces, this should contain both the work expectations and discretionary decisions. The work expectations are mostly about the employee’s attendance, performance metrics, and communication protocols. Unless there are long-term changes to employment contracts, employers are free to choose hybrid working arrangements, frequently after consulting with management or HR. Formal processes are not necessary in this case. Employers and workers are advised to consult experts, like an Armenian lawyer, to address any legal ambiguities related to this matter.
Care duties
Regardless of an employee’s location, employers are legally required to provide a safe workplace. This comprises:
- Compliance with Health and Safety: Employers are required to evaluate and reduce the risks that come with working remotely. This involves making certain that home offices adhere to the same safety regulations as workplaces.
- Providing Necessary Equipment: Although the Labor Code does not require employers to provide employees with tools, they may decide to do so or to reimburse workers for any costs incurred while working remotely.
Equitable Handling and Lack of Discrimination
It is the responsibility of employers to guarantee equitable treatment for all workers, encompassing.
Employers can prevent discrimination claims by granting both on-site and remote workers equal access to training, development, and career advancement opportunities.
If an employer chooses to reject a request for hybrid work, they should be ready to defend their choice by citing justifiable business requirements and taking potential indirect discrimination claims into account.
Training and support
Employers are allowed to put in place training initiatives that give staff members the tools they need to perform productive hybrid work.
- Skill Development: Ensuring that all staff members are capable of functioning well in a hybrid workplace requires providing training on time management, cybersecurity procedures, communication tools, and other pertinent topics.
- Supportive Resources: In a hybrid workplace, giving employees access to resources like Employee Assistance Programs (EAPs) can improve their well-being and productivity.
Ensuring fair treatment of remote workers
Firstly, it’s about clarity and specificity. The employment contract should include details about the employee’s job responsibilities, communication procedures, and performance standards, for example, the working hours and responsibilities to set clear and understandable boundaries.
Since the responsibilities and even working hours can be updated over time, the employment contract can be modified to match the current activities of both parties.
Conclusion
Understanding the lawful scene of remote and hybrid work is vital for employers and employees in Armenia, particularly following late changes to the Labor Code. As remote and hybrid work keeps on advancing in Armenia, understanding the pertinent business regulations is basic for compelling labor force executives. Companies should ensure that work policies are followed consistently and foster a stable environment for their remote workers.
By collaborating with legal experts, organizations can effectively manage these intricacies, guaranteeing that their procedures adhere to Armenian labor laws and safeguard the interests of all stakeholders. So, seeking professional help in this is advised and encouraged considering an employment contract is a legal document between the employer and the employee.