Legal Support | Success stories
In January 2025, T. M. had applied to HCA Vanadzor for the protection of his labour rights. The latter was subjected to disciplinary sanction by the head of an X community, allegedly for failing to fulfill his job duties. This was the second sanction imposed, and if T.M. were to receive one more, he would be dismissed from his job.
The community head justified the imposition of the disciplinary sanction by claiming that T.M. failed to fulfill the instructions he had given, while T.M. had not received any instructions because he had been on leave during that period and had not been properly informed about the assignment.
Since January 2025, HCAV and Samson Galstyan, the lawyer of the Organization, have undertaken the protection of the labor rights of T.M. A lawsuit was filed with the First Instance Court of General Jurisdiction of the Lori Region. On April 28, the court issued a ruling declaring the community head’s decision invalid. The aforementioned decision was unlawful and had been made in violation of the Constitution and laws. Specifically:
According to part 1 of Article 226 of the RA Labor Code, prior to the imposition of the disciplinary sanction, the employer should demand a written explanation from the employee regarding the violation, providing a reasonable timeframe. If the employee does not submit the written explanation within a reasonable time defined by the employer without a valid reason, then the disciplinary sanction may be imposed without a written explanation.