Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Georgia (Ratification: 1993)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017 and the observations of the Georgian Trade Union Confederation (GTUC) received on 4 September 2017 containing allegations of acts of anti-union discrimination and violation of the right to bargain collectively, as well as the Government’s reply thereon. The Committee also takes note of the Government’s reply to the observations provided by the ITUC in 2015 and 2016 and to the observations provided by Education International (EI), the Educators Scientists Free Trade Union of Georgia (ESFTUG) and the GTUC received in 2014.

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee had noted that according to section 5(8) of the Labour Code, an employer was not required to substantiate their decision for not recruiting an applicant, even in the event of an allegation of anti-union discrimination. The Committee had requested the Government to provide information on any complaints of anti-union discrimination at the time of hiring and any relevant court judgments, as well as to indicate whether section 5(8) of the Labour Code has been invoked in such cases. The Committee notes the Government’s information that in support of section 2(3) of the Labour Code which prohibits discrimination, the Law of Georgia on the Elimination of All Forms of Discrimination was adopted in 2014 enabling the Public Defender of Georgia to monitor issues regarding elimination of discrimination, to ensure equality and to discuss the applications and complaints for discrimination. In this respect, the Committee also notes the Government’s indication that the amendments to different laws, including the Organic Law of Georgia on the Public Defender, now authorize the Public Defender to issue a fine for public institutions, organizations, private and legal entities for not fulfilling recommendations on the facts of discrimination in labour pre-contractual relations. The Committee further notes that the Government indicates that since the Law of Georgia on the Elimination of All Forms of Discrimination entered into force, nine facts of possible discrimination on the ground of membership of trade unions have been discussed by the Office of the Public Defender, including two cases where the Public Defender presented their opinion, one case where a recommendation on direct discrimination has been issued and six cases where proceedings have been terminated. None of these cases referred to discrimination in pre-contractual relations and no cases regarding discrimination have been assessed by the courts. Taking due note of the adoption of the Law of Georgia on the Elimination of All Forms of Discrimination, the Committee requests the Government to continue providing information on any complaints of anti-union discrimination at the time of hiring, as well as to indicate whether section 5(8) of the Labour Code has been invoked in such cases. The Committee further requests the Government to indicate which provisions allow the Public Defender of Georgia to issue a fine in case of discrimination in labour pre-contractual relations and to provide detailed information on the number of cases where these provisions may have been invoked.

Article 2. Interference by employers in internal trade union affairs. In its previous comments, the Committee had requested the Government to confirm that section 40.3 of the Labour Code, which provides that any form of interference by employers and employees’ associations in each other’s activities is strictly prohibited, covers not only acts of interference between organizations but also instances where individual employers may interfere in employees’ associations, and to indicate the remedies and/or sanctions provided in such cases under section 40.3 of the Labour Code. The Committee notes the Government’s information that section 5 of the Law of Georgia on Trade Unions provides that trade unions and federations of trade unions are independent from employers and employers’ confederations (unions, associations). Recalling the need for the legislation to make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions for acts of interference against workers’ and employers’ organizations, the Committee requests the Government to indicate the provisions which state the remedies and/or sanctions for violation of section 40.3 of the Labour Code and section 5 of the Law of Georgia on Trade Unions. The Committee requests the Government to continue providing any administrative or judicial decision in this respect.

Furthermore, the Committee previously requested the Government to provide information on the progress made with respect to the establishment of a State monitoring agency on labour conditions and labour rights issues in consultation with the social partners and with the support of the ILO project on improved compliance with labour laws in Georgia, and to provide detailed information on the application of the Convention in practice. The Committee notes the information provided by the Government regarding the elaboration of a legislative framework on occupational safety and health authorizing the Labour Conditions Inspection Department to conduct inspections with the aim of identifying possible cases of forced labour or labour exploitation. While taking note of this information, the Committee regrets that the legislative framework under preparation does not allow for inspections aimed at monitoring compliance with trade union rights. The Committee considers that the existence of such a monitoring would contribute to the resolution and prevention of the persistent allegations of acts of anti-union discrimination and violation of collective bargaining rights raised by several international and national trade union organizations. The Committee hopes that further steps will be taken by the Government so as to ensure that compliance with the rights enshrined in the Convention is subject to monitoring by the public authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to continue to inform on the actions taken to promote collective bargaining both in the public and private sectors and on the number of collective agreements signed and the number of workers covered. The Committee notes that the Government indicates that the Ministry of Labour, Health and Social Affairs does not record collective agreements and, as a result, does not have the information requested. Emphasizing that the compilation of statistics on collective agreements is an important element of policies aimed at promoting collective bargaining, the Committee once again requests the Government to provide information on the number of collective agreements signed and the number of workers covered.

The Committee previously requested the Government to inform about the process of strengthening the labour administration and institutionalizing social dialogue and to inform on the results of the mediation of ongoing labour disputes. The Committee notes the Government’s information on the Tripartite Social Partnership Commission (TSPC) meeting held on 10 February 2017, where a roster of mediators consisting of 11 independent, neutral, impartial and qualified mediators was approved for a period of three years. The Committee further notes that the Ministry of Labour, Health and Social Affairs is currently working on the amendment of Decree N301 on Labour Dispute Settlement Procedures aimed at establishing a mechanism for effective resolution of collective labour disputes within short periods of time and at no expense. The Committee also takes note of the statistics provided by the Government with regard to the results of the mediation of ongoing labour disputes. The Committee welcomes the steps taken to make the mechanism more functional and effective and requests the Government to continue to provide information on any progress in this regard, and in particular on the adoption of the amendment of Decree N301 on Labour Dispute Settlement Procedures, in consultation with the social partners.

The Committee is raising other matters in a request addressed directly to the Government.