Working Hours in Armenia: Work Without Rest on Holidays

Can't remember the last time you actually rested on a public holiday or a day off…

Do you have a set deadline, or a situation that demands an immediate response and, as a result, pulls you into work on public holidays and days off…

When it comes to working hours in Armenia, working life brings cases and situations when you need to work overtime or go to work on a holiday, and, given the needs of the job, everyone treats such situations with understanding. But there are also cases when work that could have been done during normal working hours, without sleeping at the workplace, has to be done on a holiday at the employer's demand. Such situations gradually become the norm, and you not only do that work but don't even get paid for it.

Some may object that slavery has been prohibited since 1948 under the Universal Declaration of Human Rights, adopted by UN General Assembly resolution 217 A (III) of December 10, 1948, and that is, of course, true.

And so that your mind isn't constantly filled with thoughts like "Is slavery really prohibited?" or "So what am I doing here?", I invite you to read today's article, where I answer the following questions from our followers:

• From a legal point of view, can you refuse to work on public holidays?
• Is the employer obliged to compensate you in such cases?
• When should you turn to a lawyer, and what documents should you collect if this keeps happening?

The Legal Basis of Working Hours in Armenia⁠

So, the Labor Code of the Republic of Armenia (ՀՀ աշխատանքային օրենսգիրք) defines the concept of working time, which, depending on its nature, can be normal, when it may not exceed 40 hours a week (with certain exceptions set by the Labor Code or other legal acts), or reduced, which we won't cover in this article.

Employees have a five-day working week with two rest days. In organizations where a five-day working week is impossible because of the nature of production or work, or other conditions, a six-day working week with one rest day is set.

Special Cases: Continuous Duty Schedules⁠

However, if you work in one of the critical sectors, such as healthcare organizations, care (guardianship) organizations, children's educational institutions, specialized electricity, gas and heat supply organizations, specialized communications services and emergency recovery services, and so on, you most likely work on a continuous duty schedule.

In this case, you may work a 24-hour shift, while your average working time over a week cannot exceed 48 hours. Moreover, the rest time between working days cannot be less than 24 hours.

Seems clear enough, right?

Working on Public Holidays and Days Off⁠

But there are times when your employer needs you to work on public holidays or non-working days. In other words, you will have to work during the rest time set by the Labor Code, that is, the time free from work that you use at your own discretion. It is precisely for these cases that the legislator has provided the following rule:

Remember⁠

If, under the employment contract between you and your employer, your work schedule does not provide for work on rest days or on the non-working public holidays and memorial days established by law, that is, if such work is not part of what your position (job description) requires you to do on those days, then you can be engaged in such work only by mutual agreement between you and the employer, which must set out the compensation terms:

1. Either you are paid at least double your hourly (daily) rate or piece rate,
2. or you are given another paid day off within one month,
3. or that day is added to your annual leave (there are exceptions here).

What to Do in Problematic Situations⁠

And what should you do if, on almost every rest day and every non-working public holiday and memorial day established by law, you get a sense of being irreplaceable, of being "Batman", because your employer demands work and regularly "forgets" to pay for it?

You have two options:

1. do the work silently, accepting the situation as it is,
2. or answer clearly, in writing, that you do not agree to work on those days, whether paid or not.

Practical Tips⁠

If you have decided that you don't like this situation after all, here are a few tips:

• Clearly record the employer's demand (screenshots, voice messages or, ideally, official correspondence: a letter sent via work email or an SMS).
• Clearly record your agreement or refusal to take on such work, and if you agree, state how many hours you are ready to work, clarifying whether you will be paid and, if so, how much.
• Collect all the evidence: your contract and official correspondence.
• Consult a lawyer as early as possible to save your nerves, time and resources, so that you take the right course in protecting your rights.

Conclusion⁠

Remember: the same legal situation can have different solutions for different people. There are no one-size-fits-all solutions, and what was the ideal solution in an acquaintance's situation, one that seems similar at first glance, will not necessarily be ideal in your case.

To avoid overwork and being drawn into work on public holidays, it is important to understand the requirements of labor law and your rights as an employee.

See also our articles on unfair dismissal and universal health insurance.

This article was published by HR Drone to raise legal awareness among employees and employers, and to promote proper management of working hours and fair working relationships.

This article is for informational purposes only; it does not constitute legal advice and cannot replace it.