Working citizens, in case of violation of their labor rights, can report about it through EmployeeProtect.am platform. The platform is operated by the Health and Labor Inspection Body.
Any person can submit a report, including representatives of state government and local self-government, private companies, non-commercial organizations, as well as other persons who have encountered problems in the labor sector in the territory of the Republic of Armenia.
It is recommended to submit a report immediately when a problem arises. If this is not possible, then as soon as possible. However, it is also necessary to pay attention to the terms defined by the legislation of the Republic of Armenia. Reports can be submitted here.
What kind of questions can I submit a report for?
In case of alleged violations, problems and other issues arising in the labor sector. Moreover, the application may be submitted both for an issue or apparent offense directly related to the applicant, as well as for problems or alleged offenses committed by third parties in the field of labor law.
Moreover, the claims on the settlement of labor disputes defined by Articles 263-265 of the RA Labor Code are subject to judicial examination. Accordingly, for example, the issues of disputing the legality of an individual legal act on termination of employment contract upon the employer’s initiative or rescission of the employment contract (to recognize invalid), and as a result consequent resumption of employment and collection of the average salary from the employer in favor of the employee for the entire period of forced idleness, are not subject to examination by the Health and Labor Inspection Body of the RA.
Which details are mandatory for submitting a report?
The mandatory details for submitting a report are: information and full name and the legal status of the body or organization with which the problem has arisen, the address of the place of activity of the body or organization, what labor right has been violated and a brief description of the case; information on the date of occurrence of the violation. Filling in the above-mentioned information is sufficient to complete the report and to submit it.
Which details are not mandatory for submitting a report, but I can also submit them?
The following are not mandatory details for submitting a report: Information about the third party, if the violation concerns the latter: how you were informed about the problem of the third party, detailed description of the case of violation of labor right, TIN (taxpayer identification number) of the organization that committed the violation, name of the person who committed the violation, the position of the person who committed the violation. You may attach documents, photos and other evidence. In addition, it is also possible to fill in personal information (including name, surname, place of work, profession, contact information) if you do not want to remain anonymous.
Is it mandatory to submit evidence?
It is not mandatory to submit documents, photos and other evidence that prove the alleged violation, but we encourage you to do so, as it will contribute to the solution of your problem. However, in the event when necessary materials are needed to carry out administration of the case and which can be essential for the solution of the problem, which the inspection body can obtain only from you, the presentation of additional evidence is mandatory. In this case, if they are not attached during the submission of the report, and you submitted your application openly, the inspection body may contact you to request those documents. Therefore, considering the fact that it is possible to submit the report anonymously, in which case the inspection body cannot contact you, we once again urge to submit any evidence in your possession.
Is the confidentiality of a whistleblower maintained?
Yes, the confidentiality of a whistleblower is maintained.
Will the submission of inaccurate or incomplete information by the applicant be considered as false reporting?
If the presented information in the report is not inaccurate and/or incomplete and is not false information (see question 19), the applicant will not be subject to liability for false reporting. At the same time, the experts of the Health and Labor Inspection Body of the Republic of Armenia can contact the applicant (if the application was not submitted anonymously) and ask for information required to consider the application.
Will the applicant be subject to liability for false reporting in case of submitting false information?
If you have realized that your provided information is false, you may be subject to criminal liability for false reporting. At the same time this will only occur if you submit a report via a standard browser, which will make it possible to reveal your identity.
If the applicant realizes that the information provided by him/her is false, he/she may be subject to criminal prosecution by the law enforcement agencies for false reporting. At the same time, this will be applicable if the report is submitted through a standard internet browser, which will allow identifying the applicant.
Also please note that according to the legislation on whistleblowing, if the applicant makes a sincere accusation, he/she is protected from the naming process, as well as from unfair treatment by his/her employer (that is, if the employee of the structure that committed the violation submits a report about the wrongdoing). Cases of false crime report are being investigated by law enforcement agencies.
The RA Health and Labor Inspection Body receives the report submitted by the applicant. In case of registering violations after examining the submitted application, the RA Health and Labor Inspection Body will take measures to resolve them within the framework of the RA legislation and the functions of the Inspection Body.
After having submitted the report the reporting person receive a code which must be used to check the status of of the submitted report. Keep that code secret. For checking the report status it is necessary to visit here and enter the code.
However, if we have questions regarding your report you will also be actively contacted by our experts and you will be asked questions in the ”check report status” section. However, it should be noted that the representatives of the Health and Labor Inspection Body of the Republic of Armenia will establish active contact in case of any questions regarding the application; questions will be sent to the applicant in the “Check the status of the application” section.
The information will be deleted from platform (website) within a period of at least 13 months after submission.
Also please note that the copyright of the methodology of the platform belongs to the Armenian Lawyers’ Association. The platform is operated by the Health and Labor Inspection Body.
Whistle-blowing is a written or oral reporting by a whistle-blower to an authorized person or body provided for by this Law of information regarding a case of corruption or a violation in respect of conflict of interests, or rules of ethics or incompatibility requirements, or other restrictions or declaration, or other harm to public interests or the threat thereof within state and local self-government bodies, state institutions and organizations, as well as within public organizations;
We do not forget that whistle-blowers are not “snitchers”, they are decent and law abiding citizens.
This publication was prepared within the framework of the program “Multifaceted Whistle-Blowing Promotion in Armenia”, implemented by the “Armenian Lawyers Association” (ALA) NGO with the support of the Open Government Partnership (OGP), funded by the European Union (EU) within the framework of the “EU for Good, Eastern Partnership” project.
This publication expresses the position of the author, the ALA, which does not necessarily coincide with the position of the OGP and the EU.
