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The Citizen’s Labour Right provided by Constitution restored

In February 2011, Mr. Emin Khachatryan, resident of Gyumri applied to Shirak AAR C with a request for legal support to receive the salary, which was not paid to him for several months. On 26 October 2010 he met with Mr. A. Ghandilyan, resident of Gyumri city who hired him for realization of internal construction work. According to their verbal agreement Mr. Ghandilyan should hire him to do this work and Mr. Khachatryan provided the copies of the required documents to Mr. Ghandilyan. They had agreed that the salary shall be on contractual base.
Mr. Khachatryan and his friend Arthur Baghdasaryan started the work on October 26. The work lasted for 1.5 months. The overall sum was 120.000 AMD, which Mr. Ghandilyan paid.
On the assumption of the client (Mr. Ghandilyan) was pleased with the quality of the work, he again applied to Mr. Khachatryan in the beginning of December. Mr. Khachatryan started work on December 16 and worked every day till December 30. He worked alone in the duration of 8 (eight) hours without even a break. According to their agreement the price of the working day was estimated 2000 AMD. After accomplishing the work Mr. Khacahtryan asked the client to pay 30.000 AMD for 15 working days, but Mr. Ghandilyan refused. However in the end of the day he paid only 10.000 (ten thousand) AMD.
After the New Year Holidays Mr. Khacahtryan restarted the work on 9 January 2011 and worked till the end of 19 January. The overall sum of the debt of the salary was 42.000 (forty-two thousand) AMD.
When the worker applied to Mr. Ghandilyan, with request to pay the salary, the latter refused, and then he said that he should pay for January only. However he did not pay anything.
Actually the work was accomplished and the provider should have received the salary in the order provided by law. In compliance with Article 178 of the Labor Code of the RA “A wage shall be remuneration for work performed by an employee under an employment contract in compliance with the law and other legal instruments.”
After the study of the documents Shirak AARC compiled a corresponding claim, which was lodged to the Court of General Jurisdiction of Shirak Marz of the RA in March 2011. Just after receiving the claim Mr. Ghandilyan invited Mr. Khachatryan and paid the whole salary. After that the beneficiary, with support of Shirak AARC, waived his claim. In result the citizen succeeded to restore his infringed labor right with support of Shirak AARC.

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

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