Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Georgia (Ratification: 2018)

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC), received on 20 September 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Committee welcomes the Government’s first report on the application of the Convention. It notes the Government’s indication that the Organic Law of Georgia (the “Georgian Labour Code”) established the Tripartite Social Partnership Commission (TSPC). The TSPC is composed of three parties – the Government, employers’ and workers’ organizations operating in the various sectors – with six members in each party. Each employers’ and workers’ organization that is a party to the TSPC selects its own representatives. The Government reports that, for purposes of the Convention, the representative organizations in Georgia are the GTUC and the Georgian Employers Association (GEA). It adds that recent amendments to the Georgian Labour Code adopted on 29 September 2020 empowered the TSPC to set up permanent or temporary sub-committees and working groups to review specific issues. In this context, the Committee notes with interest that, in 2020, following the adoption of a decree issued by the Minister of Internally Displaced Persons (IDPs) from the Occupied Territories, Labour, Health and Social Affairs, a special tripartite permanent sub-committee was created within the TSPC to hold tripartite consultations on issues related to international labour standards. The sub-committee is composed of representatives of the Ministry of Labour, the GTUC and the GEA. The Committee nevertheless notes the Government’s indication that the special tripartite sub-committee, which was established at the end of 2020, has not yet been able to meet due to pandemic-related restrictions. The Committee further notes the observations of the GTUC, in which it indicates that the TSPC is actually inactive and has not met at regular intervals despite the workers’ organizations formal requests. The GTUC adds that, as a result, the workers’ organizations raised issues in the TSPC action plan for 2020-2022 that include the possible ratification of a number of ILO Conventions: the Occupational Safety and Health Convention, 1981 (No. 155); the Labour Inspection Convention, 1947 (No. 81); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Safety and Health in Mines Convention, 1995 (No. 176); the Maternity Protection Convention, 2000 (No. 183); and the Violence and Harassment Convention, 2019 (No. 190). The GTUC maintains in its observations that the Government has not ensured tripartite consultations on the review of non-ratified conventions and recommendations to which effect has not yet been given, as required by Article 5(1)(c) of the Convention. In addition, the GTUC indicates that there is only one sectoral agreement in place in the country and collective agreements exist in only 59 enterprises, covering 105,098 employees. It expresses the view that the absence of collective agreements points to the underdevelopment of social dialogue in the country. The GTUC considers that, despite Georgia’s ratification of the Convention in 2018, which requires commitment to strengthening tripartite negotiations and social dialogue, in practice, nothing has changed in this respect. It also observes that the special tripartite permanent sub-committee set up in 2020 to examine matters related to international labour standards has never met. The Committee requests the Government to take all necessary measures without delay to ensure that the special tripartite permanent sub-committee of the Tripartite Social Partnership Commission meets to hold tripartite consultations for purposes of the Convention at appropriate intervals fixed by agreement, or at least once a year, on issues related to international labour standards and to provide detailed information on the frequency, content and outcome of tripartite consultations held on each of the matters relating to international labour standards covered by the Convention, including: questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); proposals to be made in connection with the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee further requests the Government to provide detailed updated information concerning tripartite consultation in respect of the unratified instruments listed by the workers’ organizations under the 2020-2022 TSPC action plan. The Government is also requested to provide detailed information on the manner in which the views expressed by representative workers’ and employers’ organizations on the operation of the consultations required by the Convention are taken into account.

Article 4(2). Financing of training on consultative procedures.The Committee notes that the Government’s report does not provide information on arrangements made for the funding of training required by the participants on the consultative procedures. The Committee therefore requests the Government to provide information on arrangements made for the financing of any necessary training for participants on the consultative procedures, as contemplated by the Convention.

Article 6. Annual report. The Government reiterates that the special tripartite sub-committee responsible for consultations on issues related to international labour standards has not yet met. It indicates that annual reports will be available by the end of the year. The Committee requests the Government to provide copies of annual reports on the working of the procedures provided for under the Convention once they become available.