Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Employment Policy Convention, 1964 (No. 122) - Armenia (Ratification: 1994)

The Committee notes the observations made by the Republican Union of Employers of Armenia (RUEA) and the Confederation of Trade Unions of Armenia (CTUA), transmitted with the Government’s report.

Article 1 of the Convention. Implementation of an active employment policy. The Government indicates in its report that, given the need for a new policy model, reforms were launched and in that context the Employment Strategy 2013–18 was adopted in 2012. The Government describes the annual programme of state regulation of employment which has an exclusively active essence, necessary flexibility for development and implementation which arise from the objective situation of the labour market. State budget funds have been redistributed from unemployment allowance to active employment programmes. With respect to the labour market situation, the Committee notes that the number of jobseekers registered in regional centres of the State Employment Agency was about 65,200 as at 31 December 2013 (young people accounted for 15,800 jobseekers), decreasing from 72,600 in the previous year. It further notes that, out of the total number of jobseekers, 85.8 per cent were unemployed and women accounted for 73.8 per cent of the total number of unemployed. In 2013, 12,659 jobseekers were placed in employment, out of which 3,912 were young people. The RUEA is of the view that no complete and full analyses of the demand of the labour market are made and no exact methodology for the correct calculation of the level of unemployment is implemented. In its observations, the CTUA states that the Law on Employment of 11 December 2013 was adopted without provisions on granting unemployment allowances. The Committee requests the Government to provide detailed information on the impact of the employment programmes and measures implemented on the employment situation, including the specific measures targeting women, young people and persons with disabilities. It also requests the Government to include updated statistics concerning the size and distribution of the labour force, the nature and extent of unemployment and underemployment and trends therein, by region.

Article 2. Building labour market institutions. The Committee previously noted that the activities of private employment agencies had been left out of the state employment regulation policy, with no efficient collaboration with the State Employment Service Agency. It notes from the report that the Law on Employment of 11 December 2013 now regulates the activities of private employment agencies and their collaboration with the public employment service. The RUEA is of the view that cooperation between private employment agencies and the public employment service has been mainly regulated by the Law on Employment, but states that equal conditions of competition are not ensured. The Committee requests the Government to continue to provide information on the achievements made in strengthening public employment services and regulating private employment agencies. It also requests the Government to provide information on the measures taken to ensure cooperation between the public employment services and private employment agencies in order for them to fulfil their employment promotion functions.

Employment and training policy. The Government indicates that the implementation of the system of professional orientation is one of the main challenges pointed out in the Employment Strategy 2013–18. Particularly, in the main directions of the employment policy and in the mechanisms of implementation, it is stated that the implementation of the vocational orientation system is an important prerequisite of ensuring the connection between the labour market and the educational system. The Government indicates that 2012–15 is considered as the pilot period for the implementation of the system and that the evaluation of its results will clarify the long-term strategic actions. The Committee requests the Government to provide information on the evaluation of the reforms undertaken in regards to the vocational orientation system. It also requests the Government to provide information on the impact of the measures taken in the area of education and training and on their relation to prospective employment opportunities.

Undeclared work. The Government indicates that undeclared work is not only an issue of the state labour inspectorate, adding that, in 2013, the tax authorities registered 1,287 cases of violations resulting in 2,300 undeclared workers found to be employed without an employment contract. The Government also indicates that the Labour Code was amended in 2014 to add a definition of “illegal labour”. Based on this amendment, workers may apply to court in order to have their actual employment relationship recognized. The Committee requests the Government to continue to provide information on the impact of the measures undertaken to reduce the number of undeclared workers and to facilitate their integration into the formal economy.

Article 3. Consultations with the social partners. The Government indicates that, in accordance with the current legislation, national and regional tripartite committees have been created with the aim of making harmonized decisions concerning issues of development and implementation of national and regional employment programmes. In its observations, the RUEA indicates that, unlike the National Tripartite Committee, the work and efficiency of tripartite committees at the regional level cannot be considered as sufficient. The Committee requests the Government to provide further information on the activities of the tripartite committees, both at the national and regional levels, with respect to the formulation and implementation of employment policy measures and programmes.