Pursuant to Article 265 of the RA Labor Court, in case of disagreement with the change of employment conditions, termination of employment contract upon the employer’s initiative or rescission of the employment contract, the employee shall have the right to apply to court within one month following the receipt of the individual legal act (document).
Where it is revealed that employment conditions have been changed, employment contract with the employee rescinded upon absence of lawful grounds or in violation of the procedure defined by the legislation, the violated rights of the employee shall be restored.
In that case the employer shall be charged a minimum salary for the whole period of forced idleness or the difference of the salary for the period during which the employee performed work with minimum remuneration.
Average salary shall be calculated by multiplying the relevant number of the days by average daily salary of the employee.
Part 2 of the same Article provides that for economic, technological and organizational reasons, or in case of impossibility of reinstatement of future employment relations between the employer and the employee the court need not reinstate the employee to his or her former office, making the employer obliged to pay compensation for the entire period of forced idleness in the amount of the average salary, prior to entry into force of the court judgment, and pay compensation in exchange for non reinstatement of the employee to office in the amount of not less than the average salary, but not more than twelve-fold of the average salary. The employment contract shall be deemed as rescinded starting from the day of entry into legal force of the court judgment.
