An interview with Yevgeny Kojemyakin, head of the Armenian Union of Miners', Metallurgists' and Jewelers' labor organizations.

Is there a structure protecting labor rights in our country, or does each worker have to defend his rights individually? Why do we hear so little about labor unions?

A State Labor Department was created at the Ministry of Labor and Social Issues a year ago, the main goal of which was to protect the rights and interests of hired laborers throughout Armenia. We cannot consider our collaboration with this department effective - we informed them about a few specific infringements of labor laws, but they investigated those incidents and said that no laws had been broken. In the past, before the law regarding prosecution was passed, the Labor Code was under the supervision of the office of the Prosecutor General, and any arrangements made by this office had to be enforced. That supervision no longer exists. Previously, when any company management issued orders that broke the labor code, the Office of the Prosecutor General would act based on a complaint from the labor union or any individual worker, and a decision adhering to the Labor Code would be taken (which the company would be obligated to execute). Now, the State Labor Department can only propose an intervention to fix the situation, and if the company refuses to implement those changes, then the dispute can only be resolved in court, and there seems to be no end in sight to these legal proceedings. Thus, workers have lacked state support for the past ten years. A number of sublegislative acts also need to be accepted according to the new Labor Code. Some of them have already been passed, while others are being developed. I would like to draw your attention to the fact that the Labor Code has given employers three years time to conform their labor conditions to its requirements. Isn't that too long? The main shortcoming of the new Code is that it does not consider it necessary that the employer and labor union collectively sign a contract. The final fate of this document, which holds great importance to workers in any enterprise, is left up to the employer, which is wrong. It's true that labor unions are not doing much, but that is only because they lack the state's support and cannot use official channels - they defend workers' rights on a voluntary basis. We lodge our complaint with the President of Armenia, or the Head of the State Labor Department, but then receive a reply from the employer who broke the law, the very person we were complaining against.

What effect do the difficulty of getting a job today and labor migration currently prevalent in our country have on workers' rights? In other words, are employers abusing the current situation when it comes to labor conditions by saying to employees "If you don't like it here you're free to leave. There are many others who would love to have your job"?

Employment is limited and employers do abuse the situation by signing short-term contracts with their workers, for only around three to six months, thus keeping them in constant danger of losing their jobs. In a way, they're tying the laborers up and tightening the noose - one wrong move and they will not extend the contract. A clear example is the Sotk mine of the Ararat Gold Recovery Company, where the laborers acted against the declared strike for fear of losing their jobs and tripped over one another rushing to ask for their jobs back. Furthermore, I know that employers have come to an understanding among themselves, so that if a worker leaves because he is not satisfied with working conditions, other employers do not hire him. The Ministry of Labor and Social Issues has currently prepared a proposal packet for legislative reforms in the Labor Code, which are quite positive. In particular, it requires employers to sign a contract for five years, and after extending the contract for a second time, the laborer becomes a permanent employee. This will put an end to employers' whims.

How do employees complain to employers in order to protect their rights? Are there any cases of workers successfully defending their rights in court?

All our legal cases have ended in defeat and I don't know of any legal victories in my colleagues' cases either. Even in cases when the court ruled in our favor, the worker gained nothing. Employers do everything to prevent any benefits to these workers - it is a matter of pride and reputation for them. They maintain the workers' obedience this way. We have only won one case where the court forced the employer to reply to our letter - which he did only nine months later. Then the owners of the Kapan Ore Enrichment plant accepted our proposal and stopped using cards of different colors to penalize laborers. Workers in Akhtala went to court against their employer but lost the case. Owner Serob Ter-Poghosyan dissolved the labor union and is not setting it up again. The same thing happened at the Sotk mine. Whoever has tried to get their job back has failed, employers use any means (including money) to avoid defeat and to gain verdicts in their favor.

Let me give you another example using Sotk, which is being exploited by a foreign company. They did everything to dissolve the labor union and finally succeeded. They set up 12-hour workdays with no overtime pay or extra salary for working nights, and there are no bathrooms or clean water at the worksite. The workers proposed that the management at the mine should conform their labor conditions to the Code, and also that a committee be set up to sign a contract collectively with them. But the management did not react to these proposals in any way. The laborers ran out of patience, and declared a strike. The management hit back by firing the 450 strikers. The document firing them cited absenteeism as the reason, while the workers' labor books stated that they had been "relieved as per their own wishes." This was a mass dismissal, which is already illegal in itself (it is considered a mass dismissal if more than 10% of the staff is fired at once). During our meeting with the management, at which the provincial governor and labor union representatives were also present, we demanded that the laborers be given their jobs back. But our negotiations failed. Those laborers who refused membership in the labor union got their jobs back, but the labor union members (around 80 people) were left without employment and had to go to court.

What are relations between foreign employers and local employees like, as well as those between foreign and local employees who hold the same positions?

In three enterprises run by foreigners - the Akhtala Ore Enrichment Plant, the Alaverdi Copper Plant and the Ararat Gold Recovery Company - labor unions exist only in name. When a conflict arose between Akhtala plant owner Serop Ter-Poghosyan, who is a US citizen, and his executive director, Ter-Poghosyan simply dissolved the labor union, which was headed by a weak man who wished to avoid legal headaches. This employer availed of the fact that the demand for employment exceeds available opportunities. "Why do I need a labor union?" he said. His workers (whom he does not pay for overtime, night shifts or injury compensation) need a labor union to protect their rights. Ter-Poghosyan said that he is paying as much as he can. But these people work underground in difficult conditions for a meager salary, without receiving any of the extra pay that the law has outlined for them.

I must note that in those enterprises where the owners and managers are locals - who may have worked there earlier and have always lived in Armenia - the Legal Code is adhered to, but conditions in enterprises owned by foreigners - even if they are ethnic Armenians - are unbearable. The owners seem to think that they are not subject to those laws.