How Legal is the Dismissal of Drivers: A Lawyer Explains

Yesterday, a large number of drivers from “Yerevan Bus” CJSC went on strike, refusing to operate their routes, which caused large crowds at bus stops.

The Yerevan Municipality stated that according to RA labor legislation, public transport organization employees are required to notify about a strike at least 14 days in advance, and even then, they are obligated to ensure minimum conditions necessary to meet society’s urgent needs during the strike.

Note that the basis for dismissing more than 30 drivers was Articles 113 and 122 of the Labour Code, according to which the employer has the right to terminate the employment contract with an employee who has lost trust if the employee has committed an act that has caused or could have caused material damage to the employer.

In conversation with Iravaban.net, lawyer Marat Atovmyan, addressing the legal aspect of this issue, noted that if these individuals appeal through court, there are several preconditions that the Yerevan Municipality will have to prove, which are established in the Labor Code and Supreme Court decisions.

“It must be proven that the drivers indeed caused damage through their actions, that the damage was caused by illegal actions, that there is a causal link between the illegal activity and the occurrence of damage, that the violator is at fault, that the parties in violation and affected were in employment relations at the time of the rights violation, and that the occurrence of damage is related to work activity,” he said.

The Labor Code provides that workers can go on strike to resolve their labor and social issues, and in this case, it would have been more reasonable to organize some discussions, negotiations, clarify all issues, trying to create a constructive atmosphere for problem-solving.

“I assume that perhaps some of the dismissed drivers will appeal through court, this will turn into a legal process, and our judicial system will be unnecessarily burdened by this,” said Atovmyan.

According to him, this situation speaks to a deep crisis in the capital’s transport system.

City authorities have also initiated transport reform which, according to the lawyer, does not meet effective management standards: “Proper public awareness is not being implemented, the same changes related to 100 drams and QR codes are outdated, city authorities had not prepared the public, haven’t created appropriate mechanisms for all this to be implemented effectively and smoothly.”

Details in the video.

Iravaban.net

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