About Wrongful Termination Law in Yerevan, Armenia
Wrongful termination or unjust dismissal in Yerevan, Armenia, and the rest of the country falls under the broader domain of Labour Law. Article 113 of Armenia’s Labour Code outlines various grounds on which dismissal of an employee can be considered wrongful. These grounds mostly include discriminatory actions, termination without a notice period, and without sensible reason or in violation of the order of layoffs.
Why You May Need a Lawyer
It is often necessary to involve a lawyer in cases of wrongful termination because arguing such cases requires understanding of complex employment laws. A lawyer can help you in understanding your rights, evaluating the merits of your claim, gathering needed evidence, and offering representation in court if needed. If you have been laid off under suspicious circumstances, experienced discrimination at your workplace, or terminated during your maternity leave or any other protected leave, it can be helpful to seek legal counsel.
Local Laws Overview
Under Armenian law, an employer cannot dismiss employees on grounds of ethnicity, religion, age, gender, political views, or other discriminatory factors. Moreover, the Labour Code of Armenia requires the employer to give an employee written notice two months before the termination, and in certain cases, provide financial compensation. Failure to do so can be grounds for a wrongful termination suit. Additionally, dismissal during maternity leave or any other protected leave is expressly forbidden.
Frequently Asked Questions
1. What rights do I have if I have been wrongfully terminated?
A wrongful termination case may allow you to recover lost wages, future lost earnings, job search expenses, emotional distress damages, and possible punitive damages. You may also request reinstatement depending on the circumstances.
2. What constitutes as discrimination in Armenia?
Discrimination under Armenian law includes any form of unjust treatment based on race, color, nationality, religion, gender, age, and political views among other things.
3. How long do I have to file a wrongful termination suit?
According to the Civil Code of Armenia, you have one year from the date of cessation of violation to file a wrongful termination suit.
4. What evidence do I need to prove wrongful termination?
Documents such as emails, text messages, or any other proof showing discriminatory behavior, breach of contract, or violation of employee rights may serve as evidence in your plea.
5. Can my employer fire me for no reason?
Armenian employment contracts are considered at-will, meaning you can be fired without a reason. However, this does not give your employer the right to dismiss you for unjust, discriminatory reasons or without fulfilling legal requirements of notice and compensation.
Additional Resources
The Ministry of Labor and Social Affairs of Armenia is a valuable resource for understanding the Labor Code. The Human Rights Defender (Ombudsman) of Armenia and non-governmental organizations like the Women's Rights Center and Helsinki Citizens Assembly Vanadzor Office also can provide valuable support in cases of wrongful termination and other related rights violations.
Next Steps
If you believe you have been wrongfully terminated, it is advised to seek legal counsel promptly. Gather every piece of evidence you can which shows unjust behaviour and give details about your situation. Also, do not forget to file your claim within the legal timeframe, as explained in the Armenian Civil Code.
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