Texts of pending comments

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC), received on 20 September 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Committee welcomes the Government’s first report on the application of the Convention. It notes the Government’s indication that the Organic Law of Georgia (the “Georgian Labour Code”) established the Tripartite Social Partnership Commission (TSPC). The TSPC is composed of three parties – the Government, employers’ and workers’ organizations operating in the various sectors – with six members in each party. Each employers’ and workers’ organization that is a party to the TSPC selects its own representatives. The Government reports that, for purposes of the Convention, the representative organizations in Georgia are the GTUC and the Georgian Employers Association (GEA). It adds that recent amendments to the Georgian Labour Code adopted on 29 September 2020 empowered the TSPC to set up permanent or temporary sub-committees and working groups to review specific issues. In this context, the Committee notes with interest that, in 2020, following the adoption of a decree issued by the Minister of Internally Displaced Persons (IDPs) from the Occupied Territories, Labour, Health and Social Affairs, a special tripartite permanent sub-committee was created within the TSPC to hold tripartite consultations on issues related to international labour standards. The sub-committee is composed of representatives of the Ministry of Labour, the GTUC and the GEA. The Committee nevertheless notes the Government’s indication that the special tripartite sub-committee, which was established at the end of 2020, has not yet been able to meet due to pandemic-related restrictions. The Committee further notes the observations of the GTUC, in which it indicates that the TSPC is actually inactive and has not met at regular intervals despite the workers’ organizations formal requests. The GTUC adds that, as a result, the workers’ organizations raised issues in the TSPC action plan for 2020-2022 that include the possible ratification of a number of ILO Conventions: the Occupational Safety and Health Convention, 1981 (No. 155); the Labour Inspection Convention, 1947 (No. 81); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Safety and Health in Mines Convention, 1995 (No. 176); the Maternity Protection Convention, 2000 (No. 183); and the Violence and Harassment Convention, 2019 (No. 190). The GTUC maintains in its observations that the Government has not ensured tripartite consultations on the review of non-ratified conventions and recommendations to which effect has not yet been given, as required by Article 5(1)(c) of the Convention. In addition, the GTUC indicates that there is only one sectoral agreement in place in the country and collective agreements exist in only 59 enterprises, covering 105,098 employees. It expresses the view that the absence of collective agreements points to the underdevelopment of social dialogue in the country. The GTUC considers that, despite Georgia’s ratification of the Convention in 2018, which requires commitment to strengthening tripartite negotiations and social dialogue, in practice, nothing has changed in this respect. It also observes that the special tripartite permanent sub-committee set up in 2020 to examine matters related to international labour standards has never met. The Committee requests the Government to take all necessary measures without delay to ensure that the special tripartite permanent sub-committee of the Tripartite Social Partnership Commission meets to hold tripartite consultations for purposes of the Convention at appropriate intervals fixed by agreement, or at least once a year, on issues related to international labour standards and to provide detailed information on the frequency, content and outcome of tripartite consultations held on each of the matters relating to international labour standards covered by the Convention, including: questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); proposals to be made in connection with the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee further requests the Government to provide detailed updated information concerning tripartite consultation in respect of the unratified instruments listed by the workers’ organizations under the 2020-2022 TSPC action plan. The Government is also requested to provide detailed information on the manner in which the views expressed by representative workers’ and employers’ organizations on the operation of the consultations required by the Convention are taken into account.

Article 4(2). Financing of training on consultative procedures.The Committee notes that the Government’s report does not provide information on arrangements made for the funding of training required by the participants on the consultative procedures. The Committee therefore requests the Government to provide information on arrangements made for the financing of any necessary training for participants on the consultative procedures, as contemplated by the Convention.

Article 6. Annual report. The Government reiterates that the special tripartite sub-committee responsible for consultations on issues related to international labour standards has not yet met. It indicates that annual reports will be available by the end of the year. The Committee requests the Government to provide copies of annual reports on the working of the procedures provided for under the Convention once they become available.

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 20 September 2021 referring to the certain matters addressed by the Committee below and raising other concerns examined under the observation pertaining to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) .

Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee, while welcoming the amendment of section 2(9) of the Law on Trade Unions, which lowered the minimum membership requirement for establishing a trade union from 100 to 50, expressed the hope that the Government would pursue, in consultation with the social partners, efforts to assess the law’s impact and would take the necessary measures to amend the law if it was found that the new minimum number required still hindered the establishment of trade unions in small and medium-sized enterprises. The Committee notes with satisfaction the Government’s indication that section 2(9) of the Law on Trade Unions was amended on 29 September 2020 so as to further lower the minimum membership requirement for establishing a trade union to 25. The Committee notes with interest the GTUC indication that trade unions participated in the reform.

Article 3. Right of workers’ organizations to freely organize their activities and formulate their programmes. The Committee had previously requested the Government to amend section 51(2) of the Labour Code according to which, the right to strike was prohibited in services connected with the safety of human life and health or if the activity “cannot be suspended due to the type of technological process”, as well as Order No. 01-43/N of 6 December 2013, which determined the list of services connected with the life, safety and health (pursuant to section 51(2) of the Code) and included services which did not constitute essential services in the strict sense of the term (radio, television, municipal cleaning services, oil and gas extraction, production, oil refining and gas processing). The Committee notes with satisfaction that following the 2020 amendment of the Labour Code and adoption, on 7 September 2021, of the Order on Approval of the List of Essential Services, which replaced the Order of 2013, employees working for essential service providers may exercise the right to strike if they ensure that a minimum service is provided to meet the users’ basic needs and ensure that the service in question operates safely and without interruption (section 66 of the Labour Code, replacing the regulation of essential services formerly contained in section 51(2)). The Committee notes that services listed in the new Order are either essential services in the strict sense of the term or services of fundament importance in relation to which a minimum service may be established. The Committee notes that according to the new Order, the organization of the minimum service and related subjects (including the minimum number of workers providing the service) should be negotiated and agreed between the subjects of collective labour dispute and that any disagreement should be settled by the court. The Committee further notes that pursuant to section 66 of the Labour Code, the limits of a minimum service shall be determined by the Minister after consulting social partners and that in determining the limits of a minimum service, the Minister shall only take into account the work processes that are necessary for the protection of the life, personal safety, or health of society-at-large or a certain part of society.

The Committee had also previously requested the Government to review section 50(1) of the Labour Code according to which courts could postpone or suspend a strike for no more than 30 days if there existed a danger to the life or health of people, environmental safety or a third party’s property as well as to activities of vital importance, and to indicate any use of this provision as relates to the suspension of a strike due to a danger to third-party property. The Committee notes with satisfaction that as a result of the amendments introduced in 2020, the reference to a third party’s property has been deleted (section 65 of the Labour Code).

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 20 September 2021, which refer to the matters raised by the Committee below.

The Committee notes that the Labour Code has been revised in 2020.

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that in its previous comments it had raised questions regarding the protection against anti-union discrimination at the time of hiring, as well as in cases of non-renewal of employment contracts.

The Committee notes the Government’s indication that in 2019, changes were made to the Law on Elimination of All Forms of Discrimination. According to the Government, new provisions, pursuant to which, the principle of equal treatment, which expressly applies to members of trade unions and covers trade union activities, shall apply to labour and pre-contractual relations, were added to the Law; similar provisions were included in the Labour Code. The Government further indicates that through the amendments introduced to the Law on the Public Defender in 2020, the mandate of the Ombudsman in cases of discrimination was extended. The Committee notes the detailed information provided by the Government on the extended mandate of the Public Defender in alleged cases of discrimination, including anti-union discrimination. The Committee welcomes the new legislative amendments. In particular, it notes with satisfaction section 7 of the Labour Code as amended, according to which, where a job candidate or employee alleges facts and/or circumstances which give rise to a reasonable belief that an employer has violated the prohibition against discrimination, the burden of proof shall rest with the employer. The Committee also notes with interest sections 77 and 78 of the Labour Code, pursuant to which, any violation by an employer of the provisions prohibiting discrimination shall result in either a warning or a fine in a threefold amount provided for the violation of other provisions of the Labour Code; if the same act is committed again within one calendar year, the amount of the fine doubles. The Committee also notes with interest that by virtue of sections 5 and 47 of the Labour Code, the prohibition of anti-union discriminations also covers termination of employment due to the expiration of an employment contract. While noting with interest that section 48 of the Labour Code imposes an obligation on an employer, upon request by an employee, to substantiate in writing the grounds for terminating employment, the Committee understands that this obligation does not apply to cases of non-renewal of a contract. The Committee takes note of the information provided by the Government on the number of cases of anti-union discrimination examined. The Committee requests the Government to provide information on the application in practice of the amended legislative provisions, including on the number of complaints of anti-union discrimination at the time of hiring and non-renewal of employment contracts and the fine imposed and their amounts.

Article 2. Interference by employers in internal trade union affairs. In its previous comments, recalling the need for the legislation to make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions for acts of interference against workers’ and employers’ organizations, the Committee had requested the Government to indicate the provisions providing for the remedies and/or sanctions for violation of (previous) section 40.3 of the Labour Code and section 5 of the Law on Trade Unions, which prohibited all forms of interference and provided for independence of trade union organizations from employers and their organizations. The Committee had requested the Government to provide any administrative or judicial decision in this respect.

The Committee notes the Government’s indication that pursuant to section 26 of the Law on Trade Unions, cases of violation of trade union rights shall be considered by courts and that pursuant to section 27(2) of that Law, trade unions and their associations, as well as trade union members have the right to file claims or complaints with a court in cases of violation of the legislation, or fail to fulfil obligations set out in collective agreements. In addition, section 166 of the Criminal Code provides for liability for unlawful interference with the establishment of public associations or with their activities committed with violence, threat of violence or the use of official position, and punishes such acts by a fine or corrective labour for a term of up to one year or house arrest for a term of six months to two years, or by imprisonment for a term of up to two years. The Committee also notes the fines provided for in above-mentioned section 77 for the violation of the provisions of the Labour Code, including its new section 54, which prohibits interference in the activities of employers’ associations and employees’ associations in each other’s activities. The Committee notes the Government’s indication that during the reporting period, the courts of Georgia did not consider any cases of alleged interference. The Committee requests the Government to keep providing information in this regard.

The Committee recalls that it had previously expressed the hope that steps would be taken by the Government to ensure that compliance with the rights enshrined in the Convention was subject to monitoring by the public authorities. The Committee notes with interest sections 75 and 76 of the Labour Code as amended, which designate the Labour Inspection Service as the body responsible for State supervision over compliance with the labour legislation.

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on any progress made towards strengthening the labour administration and institutionalizing social dialogue and in particular on the adoption of the amendment of Decree N301 on Labour Dispute Settlement Procedures, in consultation with the social partners. The Committee notes the information provided by the Government on the number of conciliation procedures during the reporting period and their success rate, as well as on the training of 15 participants on collective bargaining disputes. In the absence of information regarding the adoption of the amendment of Decree N301, the Committee requests the Government to provide information on the developments in this regard.

The Committee had also requested the Government to provide information on all progress made in ensuring that the content of section 48(5) of the Labour Code, which provided that at any stage of a dispute, the Minister can terminate conciliatory procedures, promoted the negotiated resolution of collective labour disputes. The Committee notes that section 63(5) of the amended Labour Code is to the same effect. It further notes the Government’s explanation that the right of the Minister to terminate the conciliation procedures is a consequence of his or her right to appoint a dispute mediator and to commence conciliatory procedures. The Committee notes that the GTUC raises several concerns regarding the right of the Minister to terminate conciliatory procedures without regard to the opinion of the parties to the dispute. The Committee requests the Government to take the necessary steps, in consultation with the social partners, to review section 63(5) of the Labour Code so as to ensure that it promotes the negotiated resolution of collective labour disputes. It requests the Government to provide information on all developments in this regard.

The Committee notes the information provided by the Government on the number of collective agreements in force and workers covered. It requests the Government to continue providing such information in its reports. The Committee also requests the Government to provide its comments on the alleged by the GTUC violations of collective bargaining rights at a number of enterprises.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government as well as on the basis of the information at its disposal in 2019.

The Committee takes note of the observations received from the Georgian Trade Unions Confederation (GTUC) on 2 October 2020.

Articles 1 and 2 of the Convention. Implementation of an active employment policy in coordination with poverty reduction. The Committee notes the Government’s response to its previous comments. In particular, the Committee notes the comprehensive statistics provided by the Government in its reports on the implementation of the State Programme for Employment Promotion Service Development 2016–18 and the State Programme for Professional Training and Retraining and Qualification Upgrading of Job Seekers. The Committee also notes with interest that the Government has developed, with the support of the Office, the National Strategy for Labour and Employment (NSLEP) 2019–23 and its Action Plan 2019–21, which sets out a vision for systemic and strategic reforms, as well as for a series of labour and employment measures to be implemented over the course of the next 5 years. The Government reports that the NSLEP 2019–23 focusses on improving active labour market policies and employment services, with particular attention to promoting equal participation in the labour market. In this regard, Goal 3 of the NSLEP 2019-23 is to promote the involvement of women and specific disadvantaged groups in the labour market through targeted social and inclusive employment policies. The Government also refers to the adoption of the Law on Employment Promotion of 1 July 2020, which regulates, inter alia, the work of state institutions related to employment promotion. According to the observations of the GTUC, Georgia is still facing high unemployment rates, including high rates of youth unemployment and other challenges, such as income inequality, high poverty rates linked to unemployment and high numbers of self-employed persons. The latter often have such low levels of income that they do not consider themselves as “employed”. The Committee notes, according to the National Statistics Office of Georgia (GEOSTAT) publication “Indicators of the Labour Force (Employment and Unemployment)”, 2021, the overall employment rate was 42.1 per cent in the fourth quarter of 2019, compared to 39.8 per cent in the fourth quarter of 2020. The overall unemployment rate in the country for the fourth quarter of 2019 was 16.6, rising to 20.4 per cent in the fourth quarter of 2020. The Committee requests the Government to provide detailed information on the nature and impact of the measures taken in the implementation of the NSLEP 2019–23 and its Action Plan 2019–21, to tackle the challenges identified in the labour market, including statistics on employment, unemployment and poverty rates, disaggregated by age and sex.

Impact of COVID-19. The Committee notes the measures taken by the Government to mitigate the impacts of the pandemic, including the provision of temporary unemployment benefits for private sector formal wage workers and self-employed persons, as well as disadvantaged groups. In this respect, the GTUC observes that the lack of flexible jobs in the country has contributed to the unemployment rate during the pandemic. The Committee requests the Government to provide further information, on the impact of the response and recovery measures taken to promote inclusive and sustainable employment during the pandemic, including information on the challenges encountered and lessons learned.

Regional development. The Committee previously requested information on the impact of various government programmes for regional development. The Committee notes the observations of the GTUC, which refer to low productivity in the agricultural sector (8 per cent of GDP is attributed to 38 per cent of the employed population) and emphasizes the need for training and retraining programmes for agricultural workers. The Committee further notes the statistics provided by the Government, including in respect of 1,900 projects completed through the Village Support Programme, as well as the establishment of seven new vocational educational institutions and ten new municipalities added to the existing network, in the context of vocational training and education reforms to improve geographical access and municipal coverage. In response to the Committee’s previous comments on the adoption of a new regional development strategy, the Government indicates that the Regional Development Programme of Georgia (RDP) 2018–21 was approved by Governmental Decree No. 1292 in June 2018 and is currently being implemented. The priorities of this programme include the provision of support to small and medium-sized enterprises (SMEs), growth-oriented sectors of the economy and export promotion, including support to strategic sectors such as tourism and agriculture, and improving human resources. The Committee requests the Government to provide information, including disaggregated statistical data, on the impact of measures taken to promote balanced regional development, including in the context of the RDP 2018–21, in terms of creating lasting, sustainable employment and improving labour productivity. The Committee further requests the Government to provide information on any measures taken or envisaged, including training and retraining programs, to increase productivity in the agricultural sector. The Government is also requested to provide information on the results of these measures.

Specific categories of workers. In response to its previous comments on the impact of active employment measures targeting disadvantaged groups, the Committee notes the statistics provided on the number of jobseekers, including women and young persons, employed as a result of their participation in the State Programme for Professional Training and Retraining and Qualification Upgrading of Job Seekers 2016–18. With regard to women’s employment, the GTUC observes that from 2006 to 2019, men’s economic activity exceeded that of women by an average of 19 per cent. The GTUC indicates that women drop out of the workforce, as a result of low wages. The Committee notes in this respect that the NSLEP 2019–23 also refers to issues faced by women in the labour market, including the gender pay gap, and provides that special attention will be paid to women’s involvement in employment programmes. With respect to the employment of young persons, the Committee notes the information provided on the activities and programmes of various public authorities and institutions responsible for promoting youth employment. In particular, it notes the “National Youth Policy Action Plan 2015-2020”, which is currently under evaluation, and the development of public-private partnerships (PPP) in youth vocational education and training (VET). The Government indicates that the number of Work-Based Learning (WBL) programs being implemented through PPP has increased. The GTUC observes that the unemployment rate is especially high among youth, reaching 30.3 per cent among the 20-29 age group in 2019. The Committee notes that, according to the ILOSTAT database, the youth unemployment rate stood at 39.4 per cent in 2020, and the share of youth not in employment, education or training stood (NEET) reached 28.5 per cent. It notes in this regard that the NSLEP 2019–23 provides for measures to reduce the proportion of NEET youth to 22.8 per cent by 2023. The Committee also notes the information provided by the Government on measures taken to promote the employment of persons with disabilities, including special programmes focusing on the integration of persons with disabilities and youth with special needs in social activities through the Children and Youth National Centre, and programmes of the Department of Employment. The Committee also notes that both the NSLEP 2019–23 and the RDP 2018–21 provide for measures aimed at promoting the integration of specific groups in vulnerable situations into the labour market, including through provision of vocational training for ethnic minorities. Recalling the Committee’s 2014 comments under the Equal Remuneration Convention, 1951 (No. 100), concerning the occupational segregation of women and its contribution to the gender pay gap, the Committee requests the Government to provide information on the concrete measures taken to combat the persistence of occupational segregation on the basis of sex (both vertical and horizontal) and to increase the labour force participation rate of women in the labour market. The Committee further requests the Government to provide detailed information on the manner in which the development of public-private partnerships and other programmes providing education and vocational training for youth has increased young people’s access to full, productive and freely chosen employment. The Committee also requests the Government to provide information on the measures envisaged or adopted to reduce the unemployment rate of young people (20-29 age). The Government is further requested to provide information on the nature and impact of measures taken, including in the context of the NSLEP 2019–23 and the RDP 2018–21, on the employment of specific groups of workers, including persons with disabilities, rural workers and older workers.

Article 3. Participation of the social partners. Noting the information provided by the Government in respect of consultation with the social partners, the Committee invites the Government to continue to communicate information in this regard, as well as information on consultations with representatives of those concerned by the measures to be taken.

Comments adopted by the CEACR: Georgia

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)