Armenia's remote work law passed but unimplemented
Armenia’s remote work law
In Armenia, the conditions for allowing employees to work remotely have changed. Until last autumn, remote work was permitted only in emergencies. However, in November 2023, amendments to the Labor Code came into effect, offering more opportunities for remote work.
This article details the legislative changes, their practical application, and includes expert analysis on the key issues within the law.
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“The law is excellent. But is anyone monitoring its implementation?”
Anush, a resident of Yerevan, recently resigned from a government position to join an international organization. She made this decision because remote work was not an option in the public sector, whereas the international organization offered her a flexible work schedule.
“I earn a higher salary at the international organization compared to the government job. Additionally, I work part-time instead of full-time, with a hybrid work model and a flexible schedule. This is crucial for me as a mother of a newborn,” Anush explains.
It wasn’t easy for her to leave a familiar environment. Faced with the choice between “family or work,” Anush decided to adapt her job to her personal life circumstances:
“I think there should be more flexible work options in the public sector. If we want to retain talented employees in government positions and keep them from leaving the country, we need to offer better flexibility. The remote work law is excellently written. But is anyone monitoring its implementation and effectiveness?”
From amendments to law adoption
According to an amendment effective from May 8, 2020, remote work in Armenia was permitted only in cases of natural disasters, technological catastrophes, epidemics, accidents, fires, and other emergencies.
In December 2022, a proposal for remote and hybrid work under normal conditions, without emergencies, appeared on the e-draft.am platform, which is used for public discussion of legislative drafts. Following online discussions, the proposal received approval from both citizens and experts.
Subsequently, in September 2023, the remote work bill was discussed by the Parliamentary Committee on Labor and Social Affairs.
Identified risks during the bill discussion
While voting in favor of the provision to allow remote work, both opposition and ruling party deputies highlighted potential risks. Specifically, Arsen Torosyan, a member of the “Civil Contract” party, acknowledged the importance of implementing the law in the public sector but stressed the need for additional regulations for its practical application.
“Leaving the implementation of the law [i.e., allowing employees to work remotely] solely to the head of a government agency or the general secretary might work in countries with a very mature social system. However, in developing countries, additional regulations are still necessary,” the deputy said.
We approached the Ministry of Labor and Social Affairs to inquire if any steps had been taken in this direction. The response indicated that after the law came into effect, government agencies developed an action guide. Heads of government structures have been informed about these recommendations.
“The public sector should set an example in implementing the law”
Are there any cases of government employees transitioning to remote work within six months of the legislative changes? The Ministry of Labor and Social Affairs responded that they do not have this information.
Regarding the application of this possibility within the ministry itself, which authored these legislative changes, the ministry’s spokesperson, Zaruhi Manucharyan, stated:
“There are no issues with implementing the remote work regulations within the Ministry of Labor and Social Affairs. If an employee wishes to work remotely and their job can be performed remotely, it will be done so with mutual agreement, in accordance with Article 106.1 of the Labor Code.”
According to Helen Manaseryan, head of the Confederation of Trade Unions of Armenia and a lawyer, such legislative changes should first be applied within the government system:
“In the case of any changes, government agencies should be the first to implement them, setting an example before requiring others to follow.”
“We need to start with awareness”
According to Hellen Manaseryan, the first step towards effectively implementing the law should be raising awareness:
“I’m sure many are unaware of the existence of such a law. This is a significant issue. Our citizens are not inclined to seek out information themselves. We need to reach out to them, explain, and ensure they are informed.”
Currently, Armenia lacks official statistics on remote work. The Statistical Committee informed us that data on remote work is only available in the 2023 Labor Force Sample Survey. According to the survey, the number of people employed in remote work last year was 12,100.
“However, the data is based on subjective responses from respondents. In some cases, answers to questions were provided not by the employee themselves, but by another adult family member. Therefore, the answers may not be entirely accurate,” cautioned the Statistical Committee.
How will the results of legislative changes be evaluated without statistical data? This question remains unanswered by both government agencies and civil society.
During the legislative discussions, deputy minister of Labor and Social Affairs Ruben Sargsyan cited the following international statistics as justification for the project:
“As of 2022, 29% of employees worldwide worked in a hybrid mode, while 45% worked remotely. US labor market studies show that by 2023, 23% of employees are engaged in office work, while the remaining 77% work in a hybrid or remote mode.”
Key provisions of the law and expert opinion
Labor law expert Elen Manaseryan provided clarifications on the main provisions of the law:
- If the nature of the work allows it to be done remotely, then with mutual written agreement with the employer, the employee can perform their duties without being in the office.
“There are employers who prefer their employees to work remotely, and employers who do not find it expedient for employees to work remotely. According to the law, these matters are left to the discretion of the parties. But how freely will the employee express their desires? If they disagree, will they voice their objections, and will the employer consider the employee’s wishes?”
2. The procedure and conditions for remote work, as well as issues related to acquiring necessary equipment, materials, and reimbursement of expenses, are determined by a collective agreement, internal regulations of the employer, or a written agreement between the parties.
“I think there will be cases where remote work may become a cause for disagreements in legal practice. If in the case of office work the employer is obliged to provide the employee with work tools, premises, etc., then in this case, work is done remotely. And the employee may incur certain expenses (e.g., payment for utilities, purchase of a computer, etc.). Unless, of course, there is a clear agreement on this in the contract.
This issue is also left for resolution by mutual agreement. But let’s not detach ourselves from reality. Our society is not mature enough to leave everything to mutual agreement.”
3. When working remotely, requirements for compliance with labor safety and occupational health standards do not apply to the employer, except for providing employees with personal protective equipment.
“The employer is responsible for providing safe working conditions. Who will be responsible for the employee’s health and safety if they work from home? If harm is caused to the employee’s health while performing remote work, how will this issue be resolved? There is no answer to this either. It is advantageous and convenient for the employer that they are not responsible for causing harm to the employee in the case of remote work. But what about the employee?”
