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May 1 - International Workers’ Day

May 1 is InternationalWorkers' Day. On this day I would like to draw your attention to the major problems in terms of realization and protection of employees' rights in the country, which need to be timely addressed.

Gaps in the labor legislation were discussed in the Public Defender's report of 2015. In particular, the Labour Code does not define the maximum quantity of daily working hours or the quantity of working days per week; there is no set maximum allowable limit of overtime working hours; the list of spheres that require specific working mode[1] and weekly working time of which is 48 hours, is very wide; the labour legislation does not define the minimum remuneration for labor, while it is necessary this issue to be regulated by the legislation in order to protect workers from meager payment; the Labor Code of Georgia does not provide for the full list of grounds for dismissal of employees that leaves a wide field of assessment for the employer, while it is not predictable and clear for the employee what may become the basis for the termination of labor relations, etc.

Situation in terms of labor security is worrying in the country. According to information provided by the Ministry of Internal Affairs, 82 people were injured and 42 killed in the workplace in 2015. [2] Investigations were launched into 108 criminal cases, out of which investigations were suspended in 42 cases. Criminal prosecution was initiated only with regard to 16 cases, out of which 10 cases went to the court. The data shows that response to similar criminal cases is not an effective mechanism for the protection of the workers' rights. The existing situation puts on the agenda the need for establishing a labor inspection mechanism for supervising labour conditions and safety, which will be authorized to use sanctions in case of violation of the law. Despite a number of tragic facts, which, in most cases were caused by the violation of the safety rules, the State has inert approach to this issue, which makes it clear that the Government is still not sufficiently aware of the vital importance of labour safety.

Protection of labor rights is problematic in public service as well. In some cases, contests and certification exams are only of formal nature and relevant agencies make completely unfounded decisions. In some cases, dismissal of officials was illegal and unjustified. In one case a systemic problem was revealed, when an employee’s overtime work, including on weekends, was not recorded and the obligation of remuneration was not fully fulfilled.

It is important due attention to be paid to the problems reflected in the Public Defender's report of 2015 and the Parliament and the Government of Georgia to take effective measures for resolving each person’s labour rights in our country.



[1] December 11, 2013, the Governmental Decree N329 on “Approving the list of spheres that require specific working mode."
2Letter N255708, February 2, 2016, Ministry of Internal Affairs

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