Claim the Dismissal benefit from the Employer in Case of Rescinding the Employment Contract

Article 129 of the RA Labor Code provides the amounts of dismissal benefit paid by the employer in case of rescinding the employment contract on the following grounds:

Article 113, Part 1 of the RA labor Code”

(1) the organization is liquidated (the activity of an individual entrepreneur is terminated);

(2) the number of employees and/or staff positions is reduced due to the changes in volumes of production and/or economic and/or technological and/or work organization conditions and/or by production needs;

(4) in case the employee is reinstated in previous position;

In such cases the employer shall pay dismissal benefit to the employee in the amount of his or her average monthly salary,

While according to Part 1 of Article 113

(3) the employee is not suitable for the position held or the work performed;

(7) the employee is in a long-term incapacity for work.

(11) the employee is at the age of pension, unless otherwise provided for by the employment contract.

In such cases and pursuant to Article 109, Part 1 Clause 9 (in case of change of the essential conditions of employment 😉

and Article 124 (In case of being conscripted to compulsory military service) in case of terminating the employment contract the employer shall consider the uninterrupted employment record of the employee and pay the dismissal benefit:

(1) where the employee has worked for up to one year — in the amount of the average daily salary for 10 working days;

(2) where the employee has worked from one to five years — in the amount of average daily salary for 25 working days;

(3) where the employee has worked from five to ten years — in the amount of the average daily salary for 30 working days,

(4) where the employee has worked from ten to fifteen years — in the amount of the average daily salary for 35 working days;

(5) where the employee has worked for up to fifteen years and more — in the amount of the average daily salary for 44 working days.

Payment of dismissal benefit may be envisaged for a longer period in accordance with the collective agreement or employment contract.

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