Video: Employers Must Request Written Explanations from Employees for Violations, Petrosyan
The National Assembly is discussing a bill proposed by the Prosperous Armenia faction regarding amendments to the Labor Code of the Republic of Armenia. According to the current Labor Code, before imposing disciplinary sanctions on an employee, the employer is required to request a written explanation from the employee.
The main speaker, Gevorg Petrosyan, stated that the law does not clearly stipulate whether the employer is obligated to seek a written explanation from the employee. He noted, 'Many employers exploit this ambiguity and do not request a written explanation at all, leading to cases where employees are dismissed without any explanation. This is a violation of the Labor Code, as established by precedential decisions of the Supreme Court, which state that dismissing an employee without a written explanation is unlawful.' Petrosyan argued that when employers take advantage of this legal loophole and do not present the request in writing, employees are unable to prove that they were not asked for a written explanation. Thus, it turns out that disciplinary action is taken without a written explanation.
The members of the Prosperous Armenia faction propose to clearly stipulate in the law that the employer must request a written explanation from the employee regarding any violations. Interestingly, this bill was accepted by the 6th convocation of the National Assembly, but according to Gevorg Petrosyan, due to the careless work of certain individuals, the change has not been reflected in the official records.
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