Responding to the RA CC April 2 decision on mandatory pension system implementation in Armenia, as well as to its various explanations, “Antares” LLC company officially announces:
“Antares” LLC, after discussion with its employees born after 01.01.1974, cleared out that no employee is willing to pay from his salary.
For our company, as a tax agent for charging payments according to “Funded pension” law, it is a crucial fact of tax agent function implementation for the same law objectives. We think that constitutional right dominates over any law appropriateness. It means that we haven’t any right to charge 5% from the salaries of our employees, as “Funded pensions” law Article 7, 2-10 parts, 8, 37, 38, 45 and 86 Articles relevant provisions can’t be explained in other way, but within the frames of RA Constitution, our CC 02.04.2014 number CCD-1142 decision legal positions with the constitutional legal content, according to which, the legal options can’t have grounds and can’t be implemented without the willingness of people. So our company won’t charge 5% from the salaries of the employees without their written agreement. In this case our guide is RA CC 02.04.2014 number CCD-1142 decision Point 6, which has been empowered since the publication of the same decision.
We wholly realize the responsibility of our decision and inform we will be consistent in our company and its employees rights protection issue, and we remind once more that RA Constitution and its basic rights, and particularly property right, are primary rights for our company and its employees, by which state bodies are limited by the Constitution Article 3.
At the same time we expect that other companies and their employees will share our position according to the principles of fair and legitimate businesses. We are not intended to revolt against the rule of law by this, but at the same time we are not intended to leave all the difficulty of that anti-constitutional behavior up to our employees.