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12. Protection of Maternity Rights in Labor Sphere

Citizen of Hrazdan city T.H. applied to Kotayk AAC on 01.11.2011 with complaint that the employer had made an ungrounded decision on her dismissal when she was pregnant. The woman was irritated and unaware of her rights and did not even imagine that the case may be solved otherwise but in the court.
The AAC took up the case, considered it and in result of the detailed examination it became clear that the lawfulness of the employer’s decision gently speaking was disputable, as there are guarantees of immunity which the beneficiary enjoys on the assumption of her social and physiological state. In particular, Paragraph 2 of Article 35 of the Constitution of the RA provides, “Dismissal from job for reasons connected with maternity shall be prohibited.” In addition, Article 114 of the RA Labor Code provides prohibitions of dismissal from work upon the initiative of the employer, where maternity condition is the primary ground. This requirement does not apply only in cases provided in Clause 3 of Article 114 of the RA Labor Code, where the employer is recognized as bankrupt or the organization is liquidated. Hence the employer had taken a decision on undue reasoning.
On the assumption of the aforesaid and guided by the beneficiary’s will, the AAC lawyer provided necessary legal advice, as well as the provisions of corresponding legal acts.
The results of such support by the AAC came soon. On 03.11.2011 the Beneficiary again visisted the AAC office and informed that she succeeded to solve her problem using the information and following the advise provided by the AAC lawyer, and the employer had to change his decision.
The beneficiary asked not to publish her name and the name of employer.

The success story is borrowed from www.shpak.am.

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