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Talin Advocacy and Assistance Reception Center of the RA Aragatsotn Marz AAC. Infringed Rights of the Employee restored on the Court Decision

In February 2010, a citizen applied to Talin Advocacy and AssistanceReceptionCenter and informed that in 1992-2004 he worked in “Talinshin” General Construction Open Joint Stock Company as a watchman.
After release from his duties he had applied to his ex-employer several times with a request to fill in his work record book in the order provided by law and to return it to him. However his request was denied on different reasons. The citizen applied to Talin AARC with request to restore his infringed labor rights. Miss I. Vardanyan, lawyer of Talin AARC sent a corresponding notice to Mr. L. Ghazaryan, head of the Company, with a request to fill in the work record card and to provide it to the citizen in the order provided by the law. The official answered that he could not provide the work record book as it was at the accountant.

In compliance with the requirement of Article 130 of the RA Labor Code “An employer must make a full settlement of accounts with an employee being dismissed from work on the day of his dismissal, unless a different procedure for settling accounts is provided by this code, the law or upon agreement between the employer and the employee. The employer must pay the employee his/her wage and other payments equalized to it on the day of the settlement of accounts, fill out and hand in the employee’s work-book in order established by the law. “

The AAC of Aragatsotn Marz studied the details of the case and provided an advocate, on the assumption of the fact that the case included corruption risk: the labor rights of the citizen were infringed in result of inaction, of the company, which in its turn may cause a risk of infringement of other right, that is the right to social security provided by the Constitution of the Republic of Armenia.

Mrs. Anahit Hakobyan, the advocate involved in the case, prepared an application and sent it to the Court of General Jurisdiction of Aragatsotn Marz of the RA with a request to oblige Mr. L. Ghazaryan, head of “Talinshin” General Construction Open Joint Stock Company to fill in the work record card of the applicant Mr. Armenak Vardanyan and to provide it to the citizen in the order provided by the law. After the claim was accepted to the procedure, advocate A. Hakobyan participated all court sessions and approved the fact of violation of the labor rights of the applicant. In result, on 31 May 2010, the Court of General Jurisdiction of Aragatsotn Marz of the RA decided to meet the claim “Armenak Vardanyan v. “Talinshin” General Construction Open Joint Stock Company to return the work-record book.”

Thus with the support of Talin AARC and the advocate A. Hakobyan involved in the case, the infringed labor right of the citizen was restored and he may apply to the regional department of social security services with a request for pension, on the assumption of the fact that his the labor record needed for issuing pension has been proved on the decision of the court.

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