Freedom of choice of work includes, inter alia, the right to seek employment, the interpretation of which implies the right not to be arbitrarily deprived of the work already acquired. One of the most important constitutional guarantees against unjustified dismissal is that the grounds for dismissal are defined by law.
It should be noted that the legal regulations related to the termination of employment contracts must contain the necessary organizational structures, procedures, be fit, necessary to achieve the goal set by the Constitution, adequate to the meaning of the restricted fundamental right, be sufficiently definite and not exceed the fundamental rights Restrictions defined by international agreements of the Republic of Armenia.
The Code, envisaging the grounds for termination of the employment contract, at the same time enshrined the peculiarities of the realization of each basis, the guarantees for the protection of the labor rights of the parties in case of termination of the employment contract on that basis.
Article 114 of the Labor Code of the Republic of Armenia defines the prohibitions on termination of the employment contract on the initiative of the employer, which are additional guarantees for the protection of employees' rights. If the employer intends to reduce the number of employees and (or) posts, and as a result terminate the employment contract with this or that employee, then from the moment of initiating that process, the employer must check whether this or that guarantee provided by Article 114 of the Code applies to the employee.
Thus, in case of termination of the employment contract on the initiative of the employer, there are general and special guarantees. The general guarantee is that the employer is obliged to offer the employee another job in accordance with his / her professional training, qualification and health condition.
At the same time, the legislation also provides for special guarantees, which prohibit the termination of the employment contract, so in this case there is no need to offer other jobs to employees using the relevant guarantees, as the termination of the employment contract with these employees is already prohibited.
It follows from the above that the termination of an employment contract on the initiative of the employer can be carried out only if there are legal grounds and reasons for it, which is also provided by the Labor Code.