Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Georgia (Ratification: 1997)

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information contained in the Government’s report received in August 2005. The Government indicates that the country’s economic development has been slower than envisaged and that a large part of the population still lives below the poverty level. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), and it requests the Government to continue providing information in its next report on the application of Convention No. 117 to enable the Committee to gain an overview of the manner in which the “improvement of standards of living” has been regarded as the principal objective of government programmes for poverty reduction and economic growth (Article 2 of the Convention).

2. Part III. Migrant workers. The Government indicates that external migration is more common in the country than internal migration. It adds that consultations have been held with Armenia, Azerbaijan and Ukraine with a view to the conclusion of bilateral agreements. The Committee requests the Government to indicate the measures taken to ensure that the terms and conditions of migrant workers within the national territory and abroad take account of their family needs and the increase in the cost of living, and facilitate the transfer of wages and savings (Articles 6 to 9 and 14, paragraph 3). The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices in relation to migrant workers and emphasizes the urgency of affording effective protection to this category of particularly vulnerable workers. The Government may also wish to refer to the ILO Multilateral Framework on Labour Migration of March 2006, designed to improve the effectiveness of policies respecting migration for employment.

3. Part IV. Remuneration of workers. In reply to its previous direct request, the Government once again states that the minimum wage is established by presidential decree after consultation with enterprises and trade unions. In enterprises, the minimum wage established by collective agreements varies between 20 and 120 laris. The Committee requests the Government to indicate the measures adopted to ensure that the employers and workers concerned are informed of the minimum wage rates in force and to prevent wages being paid at less than the applicable minimum rates (Article 10, paragraph 3). It also requests the Government to indicate the measures adopted to enable workers to whom minimum rates are applicable and who, since they became applicable, have been paid wages at less than these rates, to recover the amounts by which they have been underpaid within a specific period (Article 10, paragraph 4).

4. With regard to the protection of remuneration, the Government reproduced in its last report the information contained in its previous report. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure the regular payment of all wages, the establishment by employers of registers of wage payments, the issuing to workers of statements of wage payments and the reinforcement of the necessary supervision in this respect, in accordance with Article 11, paragraph 1. Furthermore, it requests the Government to indicate the measures taken to ensure that the direct payment of wages to the worker in legal tender is the normally applicable rule, in accordance with Article 11, paragraphs 2 and 3. It also requests the Government to indicate the measures taken to prohibit the substitution of alcohol or other spirituous beverages for all or any part of wages, in accordance with Article 11, paragraph 4. The Committee notes that in certain enterprises (particularly bakeries and enterprises producing foodstuffs), part of wages may be paid in kind. In this respect, the Committee requests the Government to indicate the measures taken to ensure that the products supplied in this manner are adequate and that their cash value is properly assessed, in accordance with Article 11, paragraph 7. Finally, the Committee requests the Government to indicate the measures taken to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof, in accordance with Article 11, paragraph 8(c).

5. Advances on wages. The Committee notes the information provided by the Government concerning deductions from the wages of workers and public officials, which must not exceed 20 per cent or, in the cases established by the law, 50 per cent of the worker’s wage. The above deductions are not applied in cases where workers are engaged in work of public interest or pay alimony. The Committee requests the Government to indicate whether advances may be made to a worker to encourage the worker to accept employment. Where appropriate, the Government is requested to envisage measures to limit the amount of advances (Article 12, paragraph 2). The Committee recalls that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the withholding of amounts of pay due to the worker at a later date (Article 12, paragraph 3).

6. The Committee once again requests the Government to indicate the measures taken to protect wage earners and independent producers against usury (Article 13).