Holidays with Pay Convention, 1936 (No. 52) - Georgia (Ratification: 1993)

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

Article 6 of the Convention. Monetary compensation for unused leave upon termination of employment. Further to its previous comments, the Committee notes with interest the latest amendments to the Labour Code which came into force in July 2013, including new section 21(4), which now entitles employees to receive compensation for unused leave when an employment contract is terminated on the initiative of the employer. The Committee requests the Government to clarify whether the Labour Code requires the compensation to be calculated on the basis of the usual leave remuneration.

Articles 7 and 8. Effective enforcement and sanctions. In its previous comment, the Committee expressed the hope that the Government would take steps to restore the operation of the labour inspectorate so as to ensure the effective enforcement of the labour legislation, including with respect to holidays with pay. In its latest report, the Government indicates that it is still in the process of formulating draft legislation on labour safety and hygiene, as well as the statute on the supervision service on labour safety and hygiene. The Committee accordingly requests the Government to take all necessary action to establish an effective supervisory mechanism, such as a labour inspectorate, responsible for ensuring compliance with the requirements of the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 6 of the Convention. Right to annual holidays with pay. The Committee notes that the Georgian Trade Union Confederation (GTUC), in a communication received on 21 September 2012, reiterates the observations that it made previously on the subject of the application of the Convention. The GTUC refers to the case of employees who work for years for the same employer on the basis of renewable one-month employment contracts and are thus never entitled to paid annual leave, in view of the fact that this entitlement takes effect after a period of service of 11 months. The Confederation adds that many employees are dismissed before being able to take their annual holiday with pay, without receiving any compensation from their employer for annual leave that was not taken, because of the absence of any legal provision giving effect to Article 6 of the Convention. Finally, the GTUC criticizes the Government’s policy aimed at totally deregulating the labour market and abolishing most labour market institutions, including the labour inspectorate.

The Committee notes that, in reply to its previous observation, the Government indicates that the statements by the GTUC relating to employees working on the basis of renewable one-month contracts are not backed up by statistics or any other evidence. The Government indicates that, in accordance with section 22(1) of the Labour Code, employees are entitled to paid annual leave after a period of service of 11 months, but that leave may be granted before expiry of this deadline subject to an agreement between the parties. It adds that an employment contract may establish terms other than those provided for by the Labour Code with respect to holiday entitlement, provided that such provisions are not less favourable to workers.

The Committee observes that, contrary to the Labour Code of 1973 as amended, the Labour Code of 2006 does not contain any provisions giving effect to Article 6 of the Convention, according to which workers dismissed for reasons imputable to their employer, before they have taken holidays due to them, shall receive in respect of every day of holiday due to them under the Convention, the remuneration established for each such day. The Committee therefore asks the Government to adopt the necessary provisions to ensure the application of the Convention on this point.

As regards the allegation made by the GTUC that workers are employed for years on one-month contracts, thereby depriving them of the entitlement to an annual holiday with pay, the Committee draws the Government’s attention to the fact that this matter comes within the scope of the supervision of the application of the Convention by the competent national authorities. However, the Committee notes that, under section 55 of the Labour Code of 2006, the Ordinance of 16 November 2004 approving the charter of the labour inspectorate has been repealed, and it understands that the latter has not been replaced since then by any other authority responsible for the enforcement of the labour legislation. The Committee hopes that the Government will take steps as soon as possible to restore the operation of the labour inspectorate, so as to ensure the effective enforcement of the labour legislation, including with respect to holidays with pay.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 6 of the Convention. Right to annual holidays with pay. The Committee notes the observations made by the Georgian Trade Union Confederation (GTUC) concerning the application of the Convention. The GTUC indicates that, in practice, there are cases in which employees work on the basis of a one-month renewable employment contract, thus never becoming eligible for annual holidays with pay. The GTUC considers that this situation is in practice tantamount to relinquishing the workers’ entitlement to annual paid leave and therefore such contracts should be considered null and void. The GTUC also indicates that, as a matter of frequent practice, many employees are dismissed before they take paid leave to which they are entitled, and the legislation makes no provision for the payment of monetary compensation for any unused portion of annual leave upon termination of employment. Recalling that the GTUC had communicated similar comments in 2008, which the Government has so far failed to address, the Committee requests the Government to transmit any comments it may wish to make in reply to the new observations of the GTUC.

[The Government is asked to reply in detail to the present comments in 2012.]

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

Articles 2 and 6 of the Convention. Right to annual holidays with pay. The Committee notes the Government’s reply to the observations made by the Georgian Trade Unions Confederation (GTUC), alleging widespread violations of the workers’ right to annual paid leave. It notes with regret that the Government confines itself to restating the relevant provisions of the Labour Code without however giving any useful indications as to the extent of infringements in the enjoyment of the right to annual leave or the actions taken or envisaged to enhance conformity with the Convention. The Committee recalls that formal legislative conformity alone is not sufficient to constitute satisfactory compliance with the Convention, when the relevant laws and regulations are not enforced in practice. The Committee expresses the hope that the Government will take all necessary measures to fully implement and effectively enforce the Convention and requests it to take due account of all the points raised in its previous comments.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of the new Labour Code of 25 May 2006 and wishes to draw the Government’s attention to the following points.

Article 2, paragraph 3(b), of the Convention. Sick leave not to be included in the annual leave. The Committee notes that while section 22(4) of the new Labour Code provides that leave granted for a period of temporary incapacity to work, pregnancy or child delivery, childcare and adoption of a child may not be counted as part of the annual leave, the Public Service Act appears to be silent on this point. It would appreciate if the Government would explain how this provision of the Convention is given effect in respect of public servants.

Article 4. Prohibition of agreements to relinquish the right to annual leave. The Committee notes that contrary to section 67(4) of the previous Labour Code of 1973, the new Labour Code does not appear to contain express provisions on this point. It therefore asks the Government to explain how it is ensured in law and practice that any agreement to relinquish the right to an annual holiday with pay, or forgo such a holiday, is null and void, as required under this Article of the Convention.

Article 6. Remuneration for unused leave in case of termination of employment. The Committee notes that contrary to section 67(4) of the previous Labour Code, both the new Labour Code and the Public Service Act do not appear to contain any provisions on this point. It therefore asks the Government to specify the legal or administrative provisions giving effect to this Article of the Convention.

Article 7. Record-keeping on annual holidays with pay. The Committee notes that the new Labour Code appears to be silent on this point. It therefore asks the Government to explain how it is ensured in law and practice that every employer keeps in a standard form a detailed record of the annual holidays taken by each person employed by him/her, including dates of leave and remuneration received, as required under this Article of the Convention.

Part V of the report form. The Committee notes the statistical information provided by the Government concerning the labour force. It would appreciate if the Government would continue to transmit up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from reports of the law enforcement agencies, which replaced the labour inspectorate in ensuring compliance with the labour legislation, showing the number and nature of contraventions reported, copies of collective agreements containing clauses on annual holidays with pay, etc.

Finally, the Committee once again wishes to draw the Government’s attention to the fact that Convention No. 52 is now considered to be an outdated instrument and States parties to it are invited to ratify the more recent Convention No. 132 on the same subject matter. The acceptance of the obligations of Convention No. 132 in respect of employed persons in economic sectors other than agriculture by a State which is a party to Convention No. 52 involves the immediate denunciation of the latter. The ratification of Convention No. 132 appears to be all the more desirable as the legislation of Georgia, which provides for paid annual leave of 24 working days, is in conformity with the provisions of Convention No. 132, which sets the minimum duration of paid annual leave at three working weeks for one year of service. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

 

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 6 of the Convention. Workers’ right to annual holidays with pay. The Committee notes the observations made by the Georgian Trade Union Confederation (GTUC) on the application of the Convention. The Confederation denounces employment relations whereby employees working under renewable one-month employment contracts provide their services for more than a year without, however, being eligible for annual paid leave. The GTUC also states that there are numerous cases where employees are dismissed before they make use of their annual leave entitlement and their employers refuse to pay remuneration in respect of the unused portion of their holidays in the absence of an express legislative provision to this effect. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the GTUC.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the information supplied by the Government in its first two reports. The Committee would be grateful if the Government would provide in its next report further explanations on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that in addition to section 67(2) of the Labour Code, which prescribes a minimum annual paid leave of 24 working days, the Government refers to the annual leave entitlement of specific groups of salaried employees and wage earners, such as public servants (30 calendar days), mine workers (additional leave ranging from three to 12 working days), overseas transport workers (annual paid leave of no less than 18 days for masters and officers and no less than 12 working days for crew members), professors of higher educational institutions and school teachers (48 working days), air transport personnel (48 calendar days at most), educators of kindergarten (36 working days), theatre actors (36 working days), and employees of mental clinics and social security institutions (additional paid leave from 12 to 30 working days). The Committee requests the Government to specify the legal instruments, including any relevant collective agreements, regulating the annual leave entitlement of the abovementioned categories of workers.

Article 2, paragraph 3(a). With reference to the Government’s statement that Sundays and public holidays are not included in the annual paid leave, the Committee requests the Government to specify the relevant legal provision.

Article 2, paragraphs 4 and 5. The Committee notes that the Government refers to sections 41 and 42 of the Law on public service which allow for the possibility of dividing the annual holiday with pay into parts and also make provision for the increase of the duration of the annual paid leave with the length of service. The Committee requests the Government to clarify whether analogous provisions apply to employees other than public servants and, if so, to indicate the relevant legal texts.

Article 3. The Committee notes the Government’s indication that, pursuant to Governmental Order No. 595 of 24 August 1992, at the enterprises of the non-budgetary sector the holiday pay is fixed on the basis of the average wage paid for the last three months, whereas for the employees of the budgetary sector the holiday pay is calculated on the basis of new salary rates in accordance with Presidential Decree No. 389 of 28 July 1997. The Committee would appreciate receiving copies of the above texts.

Article 5. While noting the Government’s statement that the labour legislation allows an employee who is on annual leave to be engaged during the period of his/her leave in another paid work without losing the right to holiday pay, the Committee asks the Government to specify the legal text and the exact provision to which reference is made.

Article 7. The Committee notes the Government’s reference to sections 16 and 19 of the Labour Code, according to which the duration of the annual holiday with pay, the period when it is granted and the amount of the holiday pay, should be specified in individual labour contracts. The Committee is bound to observe, however, that this is not sufficient in the light of this Article of the Convention, which requires every employer to maintain an appropriate record, in a form approved by the competent authority, with respect to employees’ annual paid absence. The Committee therefore asks the Government to take the necessary measures to ensure that full effect is given to this provision of the Convention.

Article 8. While noting the Government’s statement that the labour inspectorate was established in 1995 and that no violations of the relevant legislation have so far been observed, the Committee requests the Government to supply more detailed information on the organization of the labour inspection services and the system of sanctions provided for infringements of standards in respect of annual leave.

Part V of the report form. The Committee requests the Government to provide in its next report general information on the application of the Convention in practice including, for instance, statistics on the number of workers (classified by gender and age) covered by the relevant legislation, extracts from reports of the inspection services showing the number and nature of contraventions reported, etc. Moreover, the Committee asks the Government to communicate a copy of the consolidated text of the Labour Code and of the Law on public service.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 52 should be classified as an outdated instrument and consequently states parties should be invited to denounce it and ratify at the same time the more recent Holidays with Pay Convention (Revised), 1970 (No. 132) which may no longer be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The Committee asks the Government to keep the Office informed of any decisions in this respect.