- A draft law proposes allowing individuals under house arrest in Armenia to perform work duties remotely.
- This is possible if court restrictions permit and the job nature allows remote work, with employer consent.
- The bill, already passed in the first reading, was discussed in a National Assembly committee.
- Proposed amendments clarify the employer notification process regarding house arrest due to pre-trial secrecy needs.
- The investigator will inform the employer in writing about the decision and restrictions.
Armenia Bill Advances: Allowing Remote Work During House Arrest with Employer Consent – 2025
A draft law that has already passed its first reading in the National Assembly of the Republic of Armenia is proposing significant changes to the country’s Labor Code. The draft law “On Making Additions and Amendments to the Labor Code of the Republic of Armenia” was presented for discussion to the National Assembly Standing Committee on Labor and Social Affairs by Deputy Minister of Justice Tigran Dadunts. The proposed amendments introduce regulations concerning individuals who are under house arrest by court decision and their ability to continue working.
Key Proposal: Remote Work During House Arrest Conditions
The central proposal within this draft law is to establish provisions allowing employees who are under court-imposed house arrest to perform their work duties from their place of residence. This possibility is subject to specific conditions. It is proposed that this would be permissible if the restrictions set by the court decision regarding the house arrest are not incompatible with the performance of work. Furthermore, the nature of the employee’s job must allow for it to be carried out remotely. Critically, the employee’s ability to work from home under house arrest would also require the consent of the employer. The draft law specifies that this provision would apply to individuals in public service as well, extending the potential for remote work under house arrest to a broader category of employees.
Preservation of Position and Salary Regulations
The draft law also introduces regulations related to the preservation of the employee’s position (workplace) during the period they are under house arrest. In cases where the employee’s powers are not suspended, with the agreement of the employer and the employee, the preservation of their salary is also addressed by the proposed regulations. These provisions aim to provide clarity on the employment status of individuals under house arrest, ensuring that their job and remuneration are handled according to defined legal norms and mutual agreement where applicable.
Proposed Amendments for Second Reading: Employer Notification Process
Deputy Minister Tigran Dadunts presented the government’s written proposals for the draft law ahead of its second reading. A key area of focus in these proposed amendments is the mechanism for notifying the employer about an employee being placed under house arrest. Driven by the necessity of maintaining pre-trial secrecy, the government proposes a change in how this information is conveyed. Instead of sending the court decision regarding the application of house arrest directly to the employer, the draft law suggests a different procedure.
Clarifying Investigator’s Role in Employer Notification
Under the proposed amendment, it is envisioned that the investigator will be responsible for informing the employer about the court’s decision to apply house arrest. The draft law proposes that when house arrest is applied as an alternative preventive measure or when the term of house arrest is extended, the investigator will immediately inform the administration at the accused’s workplace in writing. This written notification will specifically indicate the nature and scope of the restrictions imposed by the court decision. Deputy Minister Tigran Dadunts explained that this approach is intended to clearly define the provisions by which an employer of an accused person under house arrest will be notified. This clarification aims to ensure that employers are properly informed about the legal status of their employee and the specific limitations imposed by the court, which is essential for determining the feasibility of remote work or other employment-related decisions, while also respecting the confidentiality requirements of the pre-trial investigation.
Context of Legislative Process and Future Steps
The presentation of the draft law and the discussion of proposed amendments within the National Assembly Standing Committee on Labor and Social Affairs indicate that the legislative process for this bill is advancing. Having passed its first reading, the draft law is now being refined with proposed changes ahead of a potential second reading. The committee’s role involves reviewing the proposed regulations and amendments before they are considered by the full National Assembly. The eventual adoption of this law would introduce new legal norms governing the intersection of criminal procedure (house arrest) and labor relations in Armenia, particularly in the context of remote work possibilities.
Balancing Legal Constraints and Employment Rights
The draft law represents an effort to balance the legal constraints imposed by house arrest with the potential for individuals to continue fulfilling their employment obligations. By allowing remote work under specific conditions and providing a clear framework for employer notification, the legislation aims to address the practical implications of house arrest for both employees and employers. The focus on maintaining clarity regarding the nature and scope of court-imposed restrictions reflects the need for employers to have sufficient information to make informed decisions about the employee’s work arrangements while upholding the requirements of the legal process.