Better Interpretation of Labor Rights’ Protection
19 January, 2012
Better Interpretation of Labor Rights’ Protection

Georgian labor law needs adequate interpretation to provide better protection of labor rights. 
The biggest inflow of appeals to the Ombudsman’s office are connected with the violation of labor rights starting 2007, since Georgian labor code approved in 2006, lags behind European and even post-Soviet countries in some aspects. 


Labor relations in Georgia are basically regulated by the labor code; however, cases that are not envisaged in the labor law fall under civil code competence. Regulations by some special legislation

like a law on trade unions for example are rare.


Moreover, applicable legal norms or their content for regulating individual issues are identified in relation with court’s judgments. International obligations undertaken by Georgia also have a significant impact on legal regulation of labor relations.
To make labor law more effective and set in line with the EU standards Georgian Young Lawyers Association (GYLA) analyzed major legislative problems in Georgian labor law and worked out recommendation that were presented by end of 2011.


Recommendations are a part of the EU funded project “Young Lawyers for Effective Protection and Stimulation of Major Labor Rights” implemented by GYLA starting 2010 in frames of which GYLA experts have been providing free legal consultancy to people whose labor rights were infringed. Based on this practice the non-governmental watchdog elaborated its recommendations.
One of the key issues is interrelation of labor law and labor agreement to make rights of employees more protected. It is an open secret that Georgian labor law is a law tailored on employers’ interests; therefore elaboration of a direct provision on terms when the labor agreement can be canceled seems adequate to GYLA. It suggests building in Georgian labor code the paragraph that “if terms envisaged by labor agreement [including international one] gets worse it should be made void”.
According to GYLA report, Georgian labor code actually includes a paragraph interpreting labor relations that emerges based on labor agreement but it is differentiated from other contracted relations through dissipated stipulations on an employer/ employee, and the precise and targeted stipulation built in the labor code will be of much higher standard to protect an employee from unforeseen deterioration of labor conditions. 
Another issue that needs better handling is discrimination and human rights violation that a job seeker faces when gets a vacancy. Georgian law does not regulate vacancy announcement and elaborates no strict criteria of announcement terms that lays ground to discrimination cases. Meantime the absence of announcement criteria makes difficult to a job seeker to establish the discrimination fact during the dispute. Therefore GYLA suggests adding to the labor code of a special paragraph on vacancy announcement that makes obligatory to provide with detailed description of the vacancy: name of the vacant position, essence, position, location, starting date and job requirements that potential candidate should fulfill, also place and term for admitting applications.


Moreover, during the interview, an employer should ask a job seeker only questions pertinent to the position that do not violate the candidate’s dignity. For example questions on health and pregnancy shall be allowed only if pregnant women or people with certain illness are prohibited from performing the suggested work. Also questions about prior conviction or criminal prosecution shall be allowed if they are incompatible with work to be performed. Restrictions to questions about religious beliefs, labor union affiliation or political beliefs should be specified.


Georgian labor code does not regulate the burden of proof in case of discrimination dispute.  According to the civil procedures code of Georgia, a party should prove grounded circumstances backing the claim. GYLA find this rule not applicable in a dispute between the employer and employee for frequently it is just impossible to an employee to get any evidence that would substantiate its discrimination claim. Based on a relevant decision of Supreme Court of Georgia that states the burden of proof in alleged discrimination cases should fall on employer GYLA recommends to build this court decision in the labor code. 
Moreover, GYLA thinks contracting for trial period should be restricted in cases of employing juveniles and persons with restricted abilities for this may promote employment in the vulnerable groups of society. On the other hand, non-governmental watchdog finds completely inapplicable giving trial period for employees recruited through competition or selection as these processes enable employer to have a complete grip whether or not the questioned candidate is eligible for the vacancy.
Georgian labor code does not regulate remuneration for overtime and heavy work, or working under harmful conditions which contradicts with the international law principles as well as labor laws of the post-soviet countries. GYLA recommends introduction of compensation norms and suggests compensation rates as following: remuneration for heavy work and working under harmful conditions should be at least 20% of the wage rate, for the overtime work – one and a half of an hourly wage, work performed on public holidays and days-off shall equal double salary, and every work performed at nighttime shall be compensated by at least 20% of an hourly wage.
As far as an employee both personally and economically significantly depends on an employer GYLA finds completely unjust certain articles of Georgian labor code that allow an employer to terminate a labor contract without any grounds and circumstances. The non-governmental watch-dog recommends building of relevant norms and preconditions while termination labor contracts.

Print
Other Stories
Georgian citizens are granted the right to work in France
The French Embassy in Georgia made remarks on granting Georgian citizens the right to work in France
The New York Times: Bitcoin declines but Georgia still bet on it
The New York Times has recently published an article about reasons, challenges and causes of generating Bitcoin in the former Soviet country Georgia.
EU to allocate € 13 billion for Eastern Partnership countries, including Georgia
The European Union together with the World Bank plans to allocate investment worth € 13 billion for infrastructure projects in the Eastern Partnership countries.
Anaklia Port and its importance for Georgia
In 2016, Anaklia Development Consortium was authorized to launch the construction of Anaklia Port.
Cryptocurrency mining threatens electrical network in Abkhazia
In the breakaway region of Akbhazia rampant cryptocurrency mining is threatening the shaky electrical network, reports an article of the news portal EuroNet.
Caucasus Wine University to be opened in Gurjaani
In the Kakheti region a new viticulture campus of the Caucasus University is in the process of planning.
Photos describing life of the poorest in Georgia
Fight with poverty should be among top priorities of every government in every country.
Training farmers to rescue the organic hazelnut production in Georgia
Even drizzling rain and unpleasant gusts of wind can’t prevent the farmers from coming and participating in the agricultural training.
Bleak times for organic farmers in Georgia – but there is hope
Organic hazelnut production is a delicate plant in Georgia that has emerged just a couple of years ago. Various pests, among them the Asian stink bug Parosana, trouble hazelnut farmers and menace their livelihood – even before their businesses could really take off.
Hybrid car imports are going through the roof in Georgia
Thanks to their fuel economy, the popularity of hybrid cars is increasing in Georgia, where fuel affordability is low and prices for fuel are unstable.
The New Year offer from MAQRO Construction - Apartments with unbelievable discounts and the parking spaces for FREE!
Location, green yard, spaces for various needs, experience of the construction company and parking space are the main important criteria for potential buyers of apartments.
Interview with the co-founder of Kiwi Vegan Café – the first vegan place in Tbilisi
Behind the Kiwi Vegan Café stands a group of activists who wants to raise Georgian’s awareness for animal rights and welfare.
Biblusi opens first shop for tourists - Georgian
The largest book shop in Georgia Biblusi opens the first shop specially designated to the needs and interests of tourists and named it Georgian.
Georgia improves by five ranks in the Prosperity Index
In the overall Prosperity Index rankings, Georgia has climbed by 5 positions from 85 to 80 when compared to last year. As such, Georgia is the best performing country in the CIS zone.
The future is bright for electric cars in Georgia
The numerous hybrid cars in the streets of Tbilisi cannot be overlooked. Entrepreneur Sulkhan Gvalia calls them “pagers”, referring to the predecessor of mobile phones.
Georgia’s fight against the big tiny enemy – Asian Parosana
It’s a tiny creature, but the harm it did to the Georgian agriculture sector was and still is immense.
New cable route: from Kobi to Gudauri in 15 minutes
On the 15th of December, cable transport is scheduled to be opened connecting Kobi and Gudauri.
Tourist boom in Gudauri – majority of hotels are booked by foreigners
Gudauri is among the most popular winter resorts in Georgia.
Medical tourism increases in Georgia
In the last 9 months, Georgia was visited by 19 500 foreigners for medical and recovery purposes.
Doing business in Georgia has become easier than in America
According to the Doing Business 2019 report published by the World Bank, Georgia ranked 6th among 190 countries in terms of simplicity of doing business. This was an improvement over two ranks compared to last year.
Problems that foreigners frequently face in Georgia
The importance of Georgia as a tourism hub is growing year after year.
Tbilisi TV Broadcasting Tower – Better than the Eiffel Tower?
It is planned to renovate the Tbilisi TV Broadcasting Tower, one of the landmarks in the capital.
Georgian Fusion Menu by The Biltmore Hotel Tbilisi
5,895,914 international visitors have visited Georgia between January and August of 2018. Compared to the previous year the number has increased by 12.2 per cent.
Advertising of gambling and lucrative games may become banned in Georgia
Advertising of gambling and lucrative games may become banned in Georgia. Those who violate the new rule would be fined GEL 10 000.
Lebanese café-lounge Beirut opens in Tbilisi
What is necessary to organize an unforgettable event? – Fun, emotions, lots of surprises, good music and delicious menu.
PHOTO OF THE DAY
GEL Exchange Rate
Convertor
15.02.2019
16.02.2019
USD
1
USD
2.6420
2.6413
EUR
1
EUR
2.9778
2.9791
GBP
1
GBP
3.3915
3.3851
RUB
100
RUB
3.9577
3.9608
Other Stories
Recently Toyota rolled out Global Campaign under this slogan that reflects the Olympic and Paralympic Spirit of Encouragement,
A couple from Switzerland combines Swiss tradition and technology with Georgian products. Their cheese is made in the Georgian mountains and sold in local stores and hotels.
It has been more than five years since the residents of Lilo village, near Tbilisi, cannot open their windows.
63 000 GEL was received by the Georgian Agro Export Group which is just a small part of the European Neighbourhood Programme for Agricultural and Rural development.
Georgian entrepreneur Guka Tavberidze, who runs his own business in the UK and does it quite well, has been invited by BBC
The grand opening of 7-star The Biltmore Hotel Tbilisi took place in Georgia’s capital on July 31.
DUSHETI, Georgia – The Georgian government and the World Bank will allocate USD 5.6 million (12 million GEL) to fund
A new Georgian clothing brand named Person has emerged in Georgian market.
Georgia is in the midst of an economic maelstrom, Euronews reports.
Situation at Georgia’s mineral water market is interesting: over the last year, the volume of export has grown by 56 percent. According to “GeoStat”, over $114 million worth of mineral water was sold
GEL Exchange
USD
1
USD
2.6413
EUR
1
EUR
2.9791
GBP
1
GBP
3.3851
RUB
100
RUB
3.9608
February 2019
Mon Tue Wed Thu Fri Sat Sun
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28