Improved Compliance with Labour Laws in the Republic of Georgia

For the last seven years, Georgia has undergone deep changes in its labour legislation and institutions and practices in managing human resources, which resulted in tense relationships and lack of trust among the tripartite constituents, particularly between the Government of Georgia (GoG) and the Georgian Trade Unions Confederation (GTUC). The 2006 Labour Code was based on the assumption that deregulation of the labour market would attract investment and create jobs even at the price of not complying with International Labour Organization (ILO) Fundamental Conventions ratified by Georgia. Despite ILO’s technical support and guidance to the GoG to amend the labour law, no tangible results could be reached. It is only with the arrival of a new Government late 2012 that Georgian authorities started to take the necessary steps to amend the labour legislation in compliance with International Labour Standards (ILS). However, Georgia has no institutional capacity to ensure compliance with the provisions of the new Code. Within the Ministry of Labour, Health and Social Affairs (MoLHSA), there is no labour inspectorate, no conciliation and mediation service and no Occupational Safety and Health agency or institute. Regarding arbitration aspects, judges are not aware the new provisions of the labour code. Also, trade unions have been seriously weakened in the years that followed the adoption of the 2006 Labour Code. GTUC had to face a sharp decline in active membership, and has extremely low expertise and capacity in representing workers’ rights and interests. The work ahead is challenging and implies the development of public institutions aimed at informing and raising awareness of employers and workers on labour laws, enforcing their application when required and preventing and settling labour disputes. Reinforcing the capacity of workers’ organizations to recruit members and adequately negotiate working conditions and resolve disputes on their behalf is also a mean towards better compliance. The ILO has the expertise and the trust of its constituents to ensure the needed continuity between the labour law reform it has contributed to, and the following step of enforcing it. In order to improve compliance with labour law in Georgia, the ILO proposes, in close coordination with its constituents and relevant partners, to (1) enhance the capacity of the GoG to enforce labour laws and respect ILS by: i) supporting the GoG in adopting a 3-year strategy and action plan to enforce the labour legislation; ii) supporting the development and implementation of information and awareness raising tools on the Labour Code for workers and employers; iii) assisting in establishing a Labour

Project symbol

GEO/13/02/USA

Admin unit

DWT/CO-Moscow

Start date

31/12/2013

End date

31/03/2020

Total allocation

2906374

Total expenditure

Status

Closed

2906374

Development Partners

USA, United States Department of Labor, Bureau for International Labor Affairs, Office of Trade and Labor Affairs

Country/Countries

Georgia

Outcomes

Outcome 1: Strong tripartite constituents and influential and inclusive social dialogue