Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in September 2013 and the observations made by the Georgian Trade Union Confederation (GTUC) in September 2010. The Government indicates in its report that the coverage of the Targeted Social Assistance (TSA) Programme is expanding and that the proxy means testing mechanism used to target TSA benefits needs to be improved. In 2011, around 1.7 million individuals (about 40 per cent of the population of Georgia) were registered in the TSA database, 440,000 of whom received TSA benefits. The Committee notes the survey conducted by the Georgia Welfare Monitoring Survey in 2009 and 2011 which showed that the incidence of relative poverty had fallen from 23.7 per cent to 21.8 per cent of households. Moreover, the percentage of children living in poor households fell by three percentage points. In 2013, the efficiency of the TSA Programme was improved through the development of the Social Information Management System. The Government further indicates that from July 2013, the spending on social allowances was expected to double due to the increasing of benefits and the broadening of their coverage. The Committee invites the Government to provide in its next report updated information on the progress made in expanding the TSA Programme and other plans and programmes adopted to ensure that the “improvement of standards of living” is the principal objective in the planning of economic development (Article 2). It also invites the Government to 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).

Part III. Migrant workers. The GTUC reiterated in September 2010 that there are no specific programmes targeting migrants. The Government indicates that migrants have the same rights as Georgian citizens. It adds that there exists a special governmental committee for migration issues charged with the establishment of the national policy for migration and the improvement of the migration management processes. Moreover, the Labour Migration Regulation Division of the Labour and Employment Policy Department is responsible for preparing legislative proposals on labour migration and it has elaborated the project relating to the Law on labour migration. The Committee invites the Government to provide in its next report detailed information on migration policy measures taken in relation with Articles 6 to 9 and 14(3) of the Convention. Please also provide information on legislative developments relating to labour migration.

Part IV. Minimum wages and proper payment. The Government indicates that once a new methodology for minimum wages calculation is adopted, the minimum wage legislation will be reviewed. It also indicates that according to a 2010 Order of the Minister of Finance, all employers are obliged to send wage information on a monthly basis to the revenue service within the Ministry of Finance. The Committee once again 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)). It also requests the Government to provide specific information on the manner in which is assured the necessary supervision concerning the proper payment of all wages earned, according to Article 11. 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).

Article 12. Advances on wages. The Government indicates that section 33 of the Labour Code establishes that employers are entitled to make a one-time deduction from the employee’s wage for any extra or wrongly transferred amount of money provided that it does not exceed 50 per cent of the monthly wage. The Committee refers to its previous comments and once again requests the Government to indicate whether advances may be made to a 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)).

Article 13. Protection against usury. The Government indicates that the State Programme “Cheap Credit” launched in 2008–09 gave financial support to 133 projects and benefited more than 35,000 persons. Moreover, the Agro-Credit Programme has recently been launched encompassing, among others, zero per cent goods credit for six months to small farmers, and preferential agro-credit for medium and large farmers and agricultural entrepreneurs. The Committee invites the Government to continue to provide information on the application of Article 13.