ԱՇԽԱՏԱՆՔԱՅԻՆ ՊԱՅՄԱՆԱԳՐԻ ԼՈՒԾՈՒՄՆ ԱՇԽԱՏՈՂԻ ՆԱԽԱՁԵՌՆՈՒԹՅԱՄԲ

Abstract

The article refers to one of the classic grounds for the termination of the employment contract, which is directly related to the principle of inadmissibility of forced labor. Within the framework of the article from a doctrinal and practical point of view were highlighted the problematic formulations of the current legal regulation. The article raised the inadmissibility of fining an employee who did not fulfill the obligation to notify the employer in advance. The problem is presented in the context of contradicting both the Constitution of the Republic of Armenia and the international treaties ratified by the Republic of Armenia. Reference is also made to the possible impact of this new institution on the protection of employers’ interests. The issue is raised that employees who notify the employer about the dismissal in violation of the deadlines can be “fined”, but there is no mechanism in place in cases where the employee does not notify the employer at all and stops working. As a result, we come to the conclusion that the change is not in the interest of the employer, but on the contrary, it encourages the employees not to notify about their dismissal at all, if they will not be able to keep the deadline for the notification. In the final part of the article, a proposal to make a legislative change was presented.