No Smokining
The administrative building of the RA Government (including the Session Hall of the RA Government) is no smoking area. According to the letter received from the Government, the Order # L 317 “on Restriction of Smoking in the Staff of the RA Government” regulates this.
There are 3 exceptions, smoking is allowed:
1. Only in the inner yard of the administrative building of the RA Government in places allocated for smoking.
2. Only in the individual closed office (when the person is alone in the room).
3. In the area of Transportation Department’s Office of Administration of the RA Government in the pavilion in front of the controllers’ room.
Moreover, the 2nd and 3rd clauses are applicable, taking into account the preference non-smokers, so that smokers do not disturb them. It is provided that breach of the requirements of the order and violation of labor discipline give rise to disciplinary responsibility envisaged by legislation, in addition administrative responsibility is envisaged as well.
About the Administrative responsibility: Small Fines, Big problem of ensuring legitimacy
According to the RA Code of Administrative Violations, smoking, except for smoking in specially designated areas for smoking entails a penalty in the amount of fivefold of the minimum salary, which is 5000 AMD. In 2015, Iravaban.net’s video camera repeatedly recorded the smoking ministers. Let’s try to understand the amount of the money that should have been charged as a fine from them in favor of the state budget. Thus:
Artem Asatryan, the Minister of Labor and Social Affairs was caught smoking by our camera twice. He should be fined for 10.000AMD (the left photo was made at the Government Session on 26 February and the photo on the right on 7 May in Yerevan).
We fixed smoking Armen Ashotyan, the RA Minister of Education and Science two times. The fine shall be the same 10.000 AMD (the left photo was made at the Government Session on 22 April and the photo on the right on 10 February in Yerevan).
Gagik Beglaryan, the RA Minister of Transport and Communication violated the RA Code of Administrative Violations 4 times according to the records of our video camera, so he should be fined for 20.000 AMD (the upper left photo was made at the Government Session on 5 March, the upper photo on the right on 19 February, the lower photo on the left on 2 April and the lower photo on the right on 9 April in Yerevan).
Narek Sargsyan, Minister of Urban Development, is also among the Ministers who like to smoke. He shall be fined for 20.000AMD (the upper left photo was made at the Government Session on 10 March, the upper photo on the right on 2 April, the lower photo on the left on 16 April and the lower photo on the right on 22 April in Yerevan).
Yerevan Mayor Taron Margaryan, smokes and talsks with the minsters befor the sessions. He shall be fined for 20.000 AMD (the upper left photo was made at the Government Session on 2 April, the upper photo on the right on 9 April, the lower photo on the left on 19 February and the lower photo on the right on 7 May in Yerevan).
Manvel Badalyan, the Charman of Civil Service Council likes smoking in no-smokiong areas as well. He should be fined for 10.000AMD AMD (the upper left photo was made at the Government Session on 7 May, the upper photo on the right on 9 April in Yerevan).
ՀՀ ոստիկանապետ Վլադիմիր Գասպարյանին ֆիքսել ենք մեկ անգամ, այնպես որ՝ նա պետք է տուգանվի 5000 ՀՀ դրամի չափով (լուսանկարն արվել է փետրվարի 19-ի կառավարությա նիստին, Երևան):
The RA Chief of Police Vladimir Gaspatyan was caught smoking once, so he shall be fined for 5.000 AMD (Photo is taken at the Government Session on 19 February in Yerevan).
Notably, the same offense by a person, who has been subject to administrative fine, during the three months, entails a penalty in the amount of tenfold of the minimum salary.
We believe that here the circumstance that everyone is equal before the law should be considered here.
From Reprimand till Dismissal
As we have already mentioned above this is among the violations of disciplinary action. Article 223 of the RA Labor Code provides that the following disciplinary penalties may be applied for violation of workplace discipline:
(1) reprimand;
(2) severe reprimand;
(3) rescission of an employment contract by grounds in Article 113(1) (5), (6), (8)-(10) of this Code.
2. Other disciplinary penalties may also be defined by law for employees in individual categories.
Article 113 (1 point 5) specifies that if the employee regularly fails to fulfil the obligations reserved for him or her by the employment contract or the internal regulatory rules, with no good reason, the employer shall have the right to rescind the employment contract concluded with the employee for an indefinite time limit, as well as the employment contract concluded for a fixed time limit before the end of the validity period.
To be continued
G.T.
