THE ASSESSMENT OF 2024 AMENDMENTS TO ARTICLE 265 OF THE LABOR CODE OF THE REPUBLIC OF ARMENIA: A SOLUTION TO THE PROBLEM OR A FAILED ATTEMPT TO FIND AN EQUILIBRIUM BETWEEN COMPETING INTERESTS?

Abstract

The article addresses the issue of the employer’s pecuniary liability for an employee’s loss of income in cases of unjustified dismissal. The author discusses the goals of imposing such liability on the employer in a modern market economy and, in light of these goals and European human rights standards, proposes approaches that, in their view, ensure a balance between competing private interests and proportionality in the limitation of the employer’s property rights. The article also constitutes a critique of the existing regulations of the Labor Code of the Republic of Armenia, with the author arguing that they offer disproportionate solutions that violate the fundamental right to property of the employer.
The article is construed in the light of general human rights standards, and given the similarities of the adopted solutions in various jurisdictions, the ideas presented herein may be useful for a wide range of researchers and practitioners interested in these problematics. In order to focus on the presentation of the subject matter, the author tried, as much as possible, to avoid burdening readers with references to theoretical sources, being confident that the readers are already familiar with their content.