Future process of working relations in case house arrest is applied as a measure of restraint against worker has been regulated by legislation

Deputy Minister of Justice Gevorg Kocharyan presented, in the second reading in the National Assembly, draft Laws “On making amendments and supplements to the Labour Code of the Republic of Armenia” and “On making amendments and supplements to the Criminal Procedure Code of the Republic of Armenia”. The draft proposes to establish that in case restrictions incompatible with performance of work — provided for by part 2 of Article 123 of the Criminal Procedure Code — are not prescribed, under a court decision, for an employee or person who is in public service, the employee or person in public service may fulfil his or her employment duties from the place of residence upon mutual consent of the employee and employer, provided that the nature of the work allows to perform the work remotely as well. In all other cases when restrictions imposed on the employee or person in public service under a court decision are incompatible with the performance of work, the powers of employee shall be deemed to be suspended from the moment of applying house arrest as a measure of restraint against an employee, including a person who is in public service, until changing or lifting it with another measure of restraint.

Moreover, during the period of house arrest, the workplace (job position) of an employee is fully retained, and if the employee’s powers are not suspended upon the consent of both the employer and the employee, their remuneration is also fully retained. As for the case when the power of an employee is deemed to be suspended during the period of house arrest, the issue of remuneration of an employee (except for a person who is a public servant) is determined upon agreement of the parties, whereas the remuneration of a person who is in public service is not retained. The Deputy Minister noted that in all the cases when the court applies more than one measure of restraint against an employee, including a person who is in public service, one of which is house arrest, and the other — suspension from office, it is recommended to establish that the issue of remuneration of an employee is determined upon agreement of the parties, whereas in case of a person who is in public service a monthly compensation granted to the person in public service, provided for by part 1 of Article 108.1 of the Labour Code, is paid. In addition to the draft, it is recommended to concurrently make a supplement to Article 288 of the Criminal Procedural Code, establishing that the investigator shall immediately inform the administration of the workplace of the accused about the decision on applying house arrest as an alternative measure of restraint or expanding the time limit of house arrest by indicating the nature and volume of restrictions having been applied upon the court's decision. A similar regulation is also provided for in case of detention as a measure of restraint.