Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the Government’s report, received in September 2008, including the replies to its 2007 direct request and the observations made by the Georgian Trade Unions Confederation (GTUC). The Committee also notes the Government’s reply of November 2008.

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s indication that policies to combat poverty have become a top priority and that one third of the 2008 budget has been allocated for social protection activities. In response to the GTUC observation, the Government maintains that the reforms undertaken since 2005, such as the “Development of the Database of Poor Families”, are better able to provide benefits to the most vulnerable part of the population. Benefits granted included general cash benefits, other services such as medical insurance, cash benefits for pregnancy, and electricity and gas vouchers. The Committee requests the Government to continue providing information on the application of the Convention to enable the Committee to satisfy itself that the “improvement of standards of living” is the principal objective of the Government in the planning of economic development (Article 2). In this regard, it requests the Government to especially provide information on measures taken to ensure, for independent producers and wage earners, conditions which will give them scope to improve living standards by their own efforts and will ensure the maintenance of minimum standards of living (Article 5).

2. Part III. Migrant workers. The Government indicates that the rights of migrants are safeguarded through provisions in the Constitution and the labour legislation guaranteeing equal rights for both residents and non-residents in regard to employment, establishing and operation of businesses, ownership and the flow of capital. The GTUC has observed that no specific programmes targeting migrants exist. The Committee requests the Government to continue providing information on 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 (Articles 6–9).

3. Part IV. Minimum wages and proper payment. The Government states that the minimum wage in the public sector was regulated by presidential decree and equal to 135 Georgian Lari (GEL). The minimum wage in the private sector, which according to the Labour Code is subject to negotiations between employers and workers, was 20 GEL but is higher in practice and stood at 320 GEL in 2007. The Government also indicates that all statutes were published to provide full transparency and that the possibility to appeal to courts exists. The GTUC observes that no programme addressing the improvement of fixed minimum wages has been established. 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(3)).

4. With regard to the proper payment of wages, the Government indicates that it was now ensured that employees in the public sector receive their salary on time. For employees in the private sector, section 31 of the Labour Code provides that the form of labour remuneration shall be defined based on an employment contract. The Government further states that section 31 of the Labour Code provides for a surcharge in case the employer fails to pay the worker’s remuneration once a month. The Committee again requests the Government to indicate the measures taken or envisaged to ensure 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(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(2). 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(4).

5. Article 12. Advances on wages. The Committee notes the Government’s statement indicating that a 50 per cent limit to advances on wages existed. The Committee again requests the Government to indicate whether advances may be made to a worker to encourage the worker to accept employment. The Committee recalls again 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(3)).

6. Article 13. Protection against usury. The Committee notes the State programme “Cheap Credit” launched in 2008 through which private sector enterprises and physical persons receive credits with low interest rates.