There is a shorter, two-month, statute of limitations for employees to challenge termination of employment. It often takes less than a single business day to register a company. What did you like most about this page? Such a decision shall be made within one month from detecting the action/inaction, but generally not later than 6 months after the commission/omission. Failure to comply with labor regulations is an administrative offense generally punishable by a warning or a fine of AMD 50,000 ($105). Armenia applies the “labor market test” system rather than the “quota” system for regulating the employment of foreign workers. Thus, the minimum gross (before-tax) salary for full-time employment will be AMD 92,617 ($193), including the net salary of AMD 68,000 ($142), the 23% income tax (AMD 21,302 or $44), the 2,5% social payment (AMD 2,315 or $5) and the flat military tax of AMD 1,000 ($2). 5, 89, 142, 261). Higher rates of compensation are required in the following cases: Allowances for business trips shall not be less than the minimum amounts set by the government. Special rules on overtime work and night shifts apply to minors and pregnant women. The employer who compensated damages is normally entitled to a recourse claim against the employee. Do foreigners need a work permit to work in Armenia? There are no requirements for local directors or employees, nor connection… New York Bar | Armenia Chamber of Advocates. Get hired! The time to rest between two working days (shifts) shall not be less than 11 hours, while the duration of the weekend rest (Saturday and Sunday) shall generally not be less than 35 hours. - have work permit in Armenia, - is wife/husband, parent or child of a foreign citizen who is a holder of a Temporary Resident Card of Armenia, - is wife/husband, parent, child or relative (brother, sister, grandparent, grandchildren) of an Armenian citizen or of a foreign citizen holding a … Employees are entitled to an annual leave of 20 working days (24 working days in case of a 6-day working week). Yes. 5, 142, 144(5), 152, 153, 218); Document detailing the essential rights and obligations of the employer and the employees as well as the liability for non-fulfillment of such obligations (art. As an exception it is possible for the employer to opt for a six-day work week, normally Monday to Saturday. Also, if your employees overstay their visa, they could get fined AMD 50,000-100,000. Permitted activities during a business trip include meetings, interviews, discussions, negotiations, exploring business opportunities, attending conferences, conducting site visits, taking orders or purchasing goods or services. Because of the importance of your passport, we strongly suggest that you send your application and passport to Travisa in a secure way, using a traceable courier such as FedEx, UPS, Express Mail or Certified Mail. Employers that operate in the capital city of Yerevan and have 10 and more employees are not allowed to pay wages in cash and are instead required to make bank transfers. Moreover, such withholding shall not exceed 50% of the employee's monthly salary and in any even the remaining amount shall not be less than the minimum salary set by law. Employees taking annual leaves shall be paid their average salary at least three days in advance of their leave. Layoffs caused by "production necessity" (i.e. Besides, working without a work permit is a ground for revoking the visa. However, there are generally no punitive damages or moral damages in Armenia. If no candidates are referred by the MSLA to the employer or if the employer rejects these candidates for valid reasons, the employer is then allowed to apply for a work permit for a particular foreigner. If MLSA identifies Armenian nationals who may fit with the employer’s requirements they will be referred to the employer for an interview. This means that as a general rule, employers have to obtain a work permit before hiring a foreigner. Armenia applies the “labor market test” system rather than the “quota” system for regulating the employment of foreign workers. Before submitting a request, the employer must inform the Ministry of a vacancy. The work permit has a fixed term and is renewable on request. These individuals can be hired without a work permit: Individuals holding permanent or special residency or refugee status, Individuals holding temporary residency and at the same time having a family member who is an Armenian citizen or holds permanent, special or temporary residency status, Foreign diplomats and their family members, Short-term visiting athletes and culture professionals, Founders, directors (CEOs), and authorized representatives of commercial companies with foreign capital, Employees of commercial organizations of foreign states, Specialists visiting for installation or repair of imported equipment or machinery (for up to 6 months), Certain exchange students during holidays, Certain highly-skilled workers (the list of professions is determined by the government), Individuals who are exempt from the work permit requirement on the basis of international treaties. Visa requests cannot be processed without your original passport. Overstaying a visa or otherwise violating the immigration status is punishable by a fine of AMD 50,000 to 100,000 (around USD 104 to 208). Such penalties may also be applied against the person responsible for work safety rules if the violation of such rules resulted in serious injury or occupational disease or death. In accordance with the Labor Code, the employer is expected to have in place the following internal rules and policies: It is the duty of the employer to notify the employee of all the internal policies, including disciplinary rules, working conditions, work safety and fire safety rules. Corona-related work in the health and care sector ; 26.10.2020. urgent and unpredictable circumstances) or changes in 1) volumes of production; 2) economic conditions; 3) technological conditions; 4) conditions of labor organization, Employee does not meet the requirements for the position to be held or the work to be performed (due to health issues or incompetence), Long-term disability of the employee (120 consecutive days or 140 days in a year), Employee reaching the age of retirement (63 or 65 years), if provided by employment agreement, Regular failure by employee to perform his/her duties without a valid reason (two disciplinary measures in the past), Loss of confidence in the employee (material damage, disclosure of secrets), Employee reports to work under influence of alcohol or drugs, Employee's absence from work for a whole working day (shift), without a valid reason, Employee's refusal to undergo compulsory medical examination. 493-N of 12 May 2016 and the application template, click here. We would love to hear your opinion. However, this presumption still does not work if the nature or the conditions of the work make it impossible to sign an agreement for an indefinite term. The Armenia visa is stamped on your passport and will become one of your passport pages. L'employeur doit également disposer d’une autorisation d’occupation. ARMENIA … The application must be accompanied by supporting documentation, including medical test results. Maternity leave normally lasts 140 days (70 days before and 70 days after the delivery). Overtime work is allowed only in certain situations where there is an emergency, a natural disaster, or if discontinuation of the work will result in material damages to the employer or a breach of its contractual obligations. The following documents must be filed by the employer with the MLSA: All documents, except for the employee’s passport, are retained by the MLSA. After obtaining the work permit the foreign national has to file an application for a temporary residence permit at the Passport and Visa Department of the Police in Yerevan. A shorter work week may be mandated by law (e.g. A five-day notice is sufficient if termination is due to the employee's illness or disability that makes it impossible to continue the employment or if the employer violates the laws or the terms of the agreement. The employee may also be held liable to the fullest extent if he/she voluntarily signed an agreement on full material liability, provided such an agreement is in compliance with the Labor Code. Employee may be held liable for any damage (including lost profits) caused to the employer as a result of destroying, neglecting, mishandling or otherwise damaging the employer's property as well as for intentionally committed offenses. It normally covers the lost earnings and expenses associated with medical treatment (medication, prosthetic, nurse care, supplemental nutrition etc.). If employees are filmed it is recommended to adopt a formal policy that would explain the legitimate needs of the employer for video surveillance, and to include an express provision about it in the employment agreement. Previously this was called a work permit. In general, a three-year statute of limitations is established for disputes arising from labor disputes. Payment by an Armenian entity of salary or other remuneration would be evidence of work. The law prohibits discrimination based on sex, age, disability, race, color, ethnic or social origin, genetic features, language, religion, worldview, political or other views, nationality, financial status, birth, or other personal and social circumstances (e.g. If any regulatory amendments are enacted that improve the employee's situation the employment agreement shall be amended accordingly. The process at the MLSA involves a test of the Armenian market to ensure that there are no qualified and available Armenian workers to fill the position. Armenia Company Registration 100% Guaranteed in a Day. The employment agreement may be terminated if the employer offered to change the essential terms of the agreement due to changes in volumes of production, economic conditions, technological conditions, or conditions of labor organization, by giving an advance notice, and the employee rejected to accept the new terms. Copyright 2020 - Vardanyan & Partners LLC. Salaries and wages shall be paid in cash or via bank transfer not later than the 15th day of the following month. Visa & Residence; Company; Contact Us; COVID-19; Study In Armenia nerses 2017-06-23T23:09:09+04:00 Student Admission & Visas. Travel agents promised the clients to help with getting visa and work permit in many countries, including Armenia. As a general rule, a holder of an Armenian visa is not entitled to work in Armenia unless s/he also holds a work permit. Employment for an indefinite term can be terminated at the initiative of the employer if at least one of the legal grounds for such termination exists (see table below). Normally, the employment agreement shall be signed for an indefinite term, while fixed-term agreements are generally allowed only if an indefinite agreement would not be suitable because of the nature or the conditions of the work. Armenian embassies do not issue long-term visas. 15:22 China likens Mike Pompeo to a 'praying mantis' 15:17 Erdogan's summer palace to cost $ 85.5 million 15:14. Failure to obtain a work permit/residence permit is punishable by a monetary fine of AMD 100,000 to 150,000 (around USD 208 to 313). If you have any concerns please call us today at +374.99.00.11.67. There are many pros and cons to starting any business in any country. In Armenia, for work permit requirements, no distinction is made between intra-company transfers, local hires or subcontracting employment. For the government decree No. The total duration of the work (regular and overtime) shall not exceed 12 hours per day or 48 hours per week. Volunteers do not enter into employment agreement but instead may be required to sign an agreement for volunteer work. Immigrants applying from overseas need Biometric Residence Permits . The agreement shall contain the following information: The highlighted items are considered "essential terms" and their amendments shall follow a special procedure, including advance notices to the employee. However, such limitations do not apply to employee's claims for unpaid wages, protection of employee's honor and dignity, as well as compensation for wrongful death or personal injury. This means that as a general rule, employers have to obtain a work permit before hiring a foreigner. The regular work week in Armenia consists of five working days, Monday to Friday. According to labor and social affairs minister Artem Asatryan, the provision in question will be ineffective until January 1, 2018. Highly skilled foreign specialists, business owners, executives and certain other categories of workers are exempt from work permit requirements. 132, 134); Record-keeping and document archiving (art. There are no quotas on the number of foreign workers. Applicant’s passport. The following are additional terms that must be included in employment agreements signed with foreign employees working on the basis of a work permit: The employer shall register the newly hired employee electronically with the tax office not later than on the first day of work. Employers with more than 100 employees shall allocate at least 1% of their positions to workers with disabilities. The employer shall enact internal rules establishing work and rest (shift) schedules, rules on overtime and on-call work, lunch breaks etc. This may for example be a residence permit for skilled workers, ethnic cooks, seasonal workers, self-employed persons or employees in a humanitarian, non-profit or religious organisation. In this case, the employer may be responsible for covering the following costs both for the foreigner and each of his accompanying family member: Living costs (double the amount of the minimum wage (AMD 68000) per month for 2 months), Return costs (the minimum fares for the mode of transport of the foreigner’s choice), Costs for returning their personal property (a lump sum four times the amount of the minimum wage). The migrant will normally then apply for a temporary residence permit in order to be granted the permission to live and work in Armenia. The following documents are required for Work permit for Armenia to be submitted: Filled application form. During the probation period the employment agreement can be terminated by either party by giving at least at 3-day notice to the other party. All foreigners intending to reside in the United Republic of Tanzania for investment, business or work or any other acceptable purpose are issued with residence permits. Alternatively, they must pay annual contributions of AMD 300,000 ($627) for each such position to a special government fund. These amounts depend on the nature of the business trip (national or international) and cover the daily allowance, lodging expenses, travel expenses, visa fees, phone charges and other similar costs. The employer shall determine the factors that affect pregnant women and mothers. Procedures for Issuance of residence and work permit class "A" and "B". There are no quotas on the number of foreign workers. Worker's compensation or similar insurance schemes are not mandatory in Armenia. Employees are generally entitled to the annual leave after 6 months of work. Important messages. Anti-discrimination policy that, among other things, also covers the hiring (recruitment) process and ensures equal pay for men and women (art. 289 open jobs in Armenia. Employers are allowed to apply one of the following disciplinary measures: Before imposing a disciplinary measure the employer is required to offer the employee to submit written explanations about the incident. YEREVAN, JANUARY 8, ARMENPRESS. However, the employee still can opt for the court, unless he/she agreed to arbitration after the dispute arose. Who has the responsibility to apply for a work permit? in the form of employer's "internal acts" (orders, decrees, etc). An employee is entitled to a lunch break after completing 1/2 of the working hours for the day but not later than after 4 hours of work. The agreement shall comply with all the labor laws and regulations and the employee's rights and privileges guaranteed by such laws shall not be restricted. In the even of "mass layoffs," i.e. This requirement does not apply if the employer is unable to make such an offer. Armenian President will return to Yerevan as soon as doctors permit. When can an employer request a work permit? Did you find all the information you were looking for? There are no quotas on the number of foreign workers. 13:37, 8 January, 2021 . These explanations as well as all other relevant circumstances must be properly considered and the reasons for disciplining shall be clearly set out in the written decision. These are net (after-tax) amounts and employers must gross them up to account for taxes. What government body issues a work permit? The list of works that are prohibited for minors and pregnant women was established by a governmental decree. Termination shall be documented in the form of an agreement that sets out the terms and other conditions (end date, compensation etc.). 86, 218); Work safety and fire safety (art. In addition to the above, the Labor Code provides for the following types of leave: The following are non-working public holidays in Armenia (16 days in total): As of 2020, the minimum monthly salary in Armenia is AMD 68,000 ($142). Additional breaks are mandated by law for minors, nursing mothers, employees working in high and low temperatures, those engaged in dangerous and stressful work etc. In addition, an employment agreement comes to an end if the employee 1) is conscripted for military service, 2) dies, 3) is sentenced to a penalty that is incompatible with the employment, or 4) committed a misrepresentation at the time of hiring. Volunteer work is currently not regulated in Armenia, with the exception of certain provisions in the Law on Charity and the Law on Public Associations. pregnancy). 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