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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Parts I and II of the Convention. Improvement of standards of living. The Government reports that its policy is directed towards the creation of a social protection system that will reduce social risks due to poverty, ageing and disability. It further indicates that the system was revised in 2015 with the support of the World Bank and UNICEF, to introduce a new methodology of poverty assessment and assistance based on family income. The Committee notes that financial and non-financial measures such as the Targeted Social Assistance (TSA) Programme, social packages, the state compensation scheme and social services are provided for the most disadvantaged groups such as retired persons, persons with disabilities, children and other special groups. The Government refers to the UNICEF Population Welfare Survey, emphasizing that without the pension income they receive, poverty would rise sharply among pensioners and children. The Committee invites the Government to continue to provide detailed information on the impact of the implementation of social protection policies on the reduction of poverty and to provide information on the manner in which the improvement of standards of living has been regarded as the principal objective in the planning of economic development (Article 2). It also invites the Government to provide information on the measures taken to ensure conditions for independent producers and wage earners which will give them scope to improve living standards by their efforts and will ensure the maintenance of minimum standards of living (Article 5).

Part III. Migrant workers. The Government reports that the State Commission on Migration Issues (SCMI) has drafted and approved the Migration Strategy for 2016–2020. It further indicates that, in 2016, two interagency working groups were established within the SCMI and tasked with implementation of the Migration Strategy. The first working group on migrant integration designs and coordinates migrant integration activities in compliance with the Migration Strategy and its Action Plan; the second working group on Migration and Development focuses on utilization of the development potential of migration and improving coordination among the various state programmes in this area. The Committee notes that the state agencies work with international non-governmental organizations to achieve one of the eight goals of the Migration Strategy which is to facilitate circular migration and mobilize the diaspora and human resources investment potential. The Government indicates that on 1 November 2015 the Law on Labour Migration and Resolution No. 417 on “The rule of employment of labour immigrants (foreigners without a permit for permanent residence in Georgia) with local employers and the performance of paid labour activities” entered into force. The law provides a general framework for the exercise of the Government’s authority and defines issues, relations and entities in the field of labour migration. It further establishes financial sanctions for non-registered entities engaged in employment and/or facilitation of employment abroad. The Resolution provides for main guarantees, rights and obligations of a labour immigrant during the period of employment and paid labour activities, defines bodies performing state governance in the sphere of labour migration and establishes mechanisms for their implementation. The Committee notes that in 2014, the Government of Georgia has signed a bilateral agreement on circular labour migration with the Government of France and negotiations for bilateral agreements with Israel, Greece, Romania, Austria, Poland and Qatar are in progress. The Committee requests the Government to provide information on the impact of the implementation of the Migration Strategy for 2016–2020 on the living and employment conditions of migrant workers (Articles 6–9 and 14(3) of the Convention) and on mobilizing the investment and human resources potential of the diaspora. It also requests the Government to provide information on the penalties imposed on unregistered employment agencies that engage in fraudulent practices. The Government is also requested to supply information on the conclusion of bilateral agreements and their effects on migration.

Part IV. Minimum wages and proper payment. The Government reports that the working group established under the Tripartite Social Partnership Commission (TSPC) is currently discussing minimum wage issues following the adoption of the Human Rights and Civil Integration Committee’s 2017–2018 Action Plan. The Committee notes that the minimum wages in the private and public sectors have remained unchanged since 1999 (Decree No. 351 of the President of Georgia on the minimum wage of 4 June 1999). It further notes that the Labour Code does not set a minimum wage and that the form and amount of wages are subject to agreements between employees and employers (Article 31). The Committee draws the Government’s attention to the resolution adopted by the International Labour Conference (ILC) at its 48th Session in 1964, which emphasizes that, in order to bring about balanced economic expansion and social progress … adequate minimum standards of living should be ensured through the establishment of a dynamic minimum wage level and a dynamic level of social security measures adjusted periodically to take full account of economic growth and to have due regard to increases in the cost of living” (paragraph 2). The Committee requests the Government to keep the Office informed on the progress made by the TSPC working group with regard to the minimum wage and to provide information on any measures taken or envisaged to incorporate the provisions on minimum wages into the Labour Code. It also requests the Government to provide specific information on the manner in which the necessary supervision concerning the proper payment of all wages earned, is assured (Article 11). Furthermore, the Government is requested to indicate the measures taken to ensure that the payment of wages to the worker is made in legal tender (Article 11(2 and 3)); to forbid the substitution of wages with alcohol or other spirits and payment of wages in taverns or stores except to workers employed therein (Article 11(4 and 5)); to ensure the regular payment of wages (Article 11(6)); and to prevent any unauthorized deductions from wages (Article 11(8)). The Committee trusts that the Government will take the necessary measures in the near future, in consultation with the most representative workers’ and employers’ organizations, to adopt adequate legislative provisions on the minimum wage and the proper payment of all wages.

Article 12. Advances on wages. The Committee refers to its previous comments and once again requests the Government to indicate whether and to what extent advances may be made to a worker.

Article 13. Protection against usury. The Government indicates that the Agro-Credit Programme was launched in 2013 to provide long-term and preferential financial resources to farmers and entrepreneurs engaged in agricultural production. The Committee notes that the Government co-finances the interest rate, which may vary from 10 per cent to 12 per cent, in short and medium-term loans granted to farmers and entrepreneurs in the agriculture sector. It further notes that since 2013, 18,885 loans have been granted to beneficiaries (3,757 legal entities and 15,989 private individuals), with an average interest rate between 0 per cent and 5 per cent. The Committee requests the Government to provide updated detailed information on measures taken or envisaged to protect wage earners against usury (Article 13(2)).

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

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.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information contained in the Government’s report received in August 2005. The Government indicates that the country’s economic development has been slower than envisaged and that a large part of the population still lives below the poverty level. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), and it requests the Government to continue providing information in its next report on the application of Convention No. 117 to enable the Committee to gain an overview of the manner in which the “improvement of standards of living” has been regarded as the principal objective of government programmes for poverty reduction and economic growth (Article 2 of the Convention).

2. Part III. Migrant workers. The Government indicates that external migration is more common in the country than internal migration. It adds that consultations have been held with Armenia, Azerbaijan and Ukraine with a view to the conclusion of bilateral agreements. The Committee requests the Government to indicate 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, and facilitate the transfer of wages and savings (Articles 6 to 9 and 14, paragraph 3). The Committee draws the Government’s attention to the fact that it is difficult to prevent abusive practices in relation to migrant workers and emphasizes the urgency of affording effective protection to this category of particularly vulnerable workers. The Government may also wish to refer to the ILO Multilateral Framework on Labour Migration of March 2006, designed to improve the effectiveness of policies respecting migration for employment.

3. Part IV. Remuneration of workers. In reply to its previous direct request, the Government once again states that the minimum wage is established by presidential decree after consultation with enterprises and trade unions. In enterprises, the minimum wage established by collective agreements varies between 20 and 120 laris. 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, paragraph 3). It also requests the Government to indicate the measures adopted to enable workers to whom minimum rates are applicable and who, since they became applicable, have been paid wages at less than these rates, to recover the amounts by which they have been underpaid within a specific period (Article 10, paragraph 4).

4. With regard to the protection of remuneration, the Government reproduced in its last report the information contained in its previous report. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure the regular payment of all wages, 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, paragraph 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, paragraphs 2 and 3. 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, paragraph 4. The Committee notes that in certain enterprises (particularly bakeries and enterprises producing foodstuffs), part of wages may be paid in kind. In this respect, the Committee requests the Government to indicate the measures taken to ensure that the products supplied in this manner are adequate and that their cash value is properly assessed, in accordance with Article 11, paragraph 7. Finally, the Committee requests the Government to indicate the measures taken to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof, in accordance with Article 11, paragraph 8(c).

5. Advances on wages. The Committee notes the information provided by the Government concerning deductions from the wages of workers and public officials, which must not exceed 20 per cent or, in the cases established by the law, 50 per cent of the worker’s wage. The above deductions are not applied in cases where workers are engaged in work of public interest or pay alimony. The Committee requests the Government to indicate whether advances may be made to a worker to encourage the worker to accept employment. Where appropriate, the Government is requested to envisage measures to limit the amount of advances (Article 12, paragraph 2). The Committee recalls 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, paragraph 3).

6. The Committee once again requests the Government to indicate the measures taken to protect wage earners and independent producers against usury (Article 13).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report. It understands that the Labour Code currently in force is that of 28 June 1973, as amended until 1999. The Committee understands furthermore that a new Labour Code has been under examination for some time, and requests the Government to inform the Office of any progress achieved in finalizing this text. It requests the Government to provide information on the following points.

Article 6 of the Convention. The Committee notes that the Government refers in its report to the Immigration Act of 27 June 1993. Nevertheless, the Committee considers that this text is not relevant to the provisions of the present Convention. The Committee also notes the information contained in the report that, due to the increasing complexity of the process of migration for employment, it is increasingly urgent for the State to adopt legislation in this field and must lead to an increase in the share of organized legal migration. It notes that new legislation on migrant labour is being developed, in order to establish a system for the registration of migrant workers and to establish guarantees relating to social security protection at the workplace. The Committee requests that the Government inform the ILO of any legislative developments in this regard and to specify whether migration within the territory of Georgia is taken into account in the legislation being prepared, and to indicate whether this legislation sets out for workers who are obliged to live away from their homes, for the purposes of employment terms and conditions of employment that take into account their normal family needs.

Article 7. The Committee requests the Government to indicate the measures taken or envisaged, where labour resources of one area are used on a temporary basis for the benefit of another area, to encourage the transfer of part of the workers’ wages and savings from the area of labour utilization to the area of labour supply.

Articles 8 and 14, paragraph 3. The Committee requests the Government to indicate whether it has used, in one area of the country, the labour resources of a country under a different administration and, if so, to indicate whether it has entered into agreements with the competent authorities of the countries concerned for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Convention. The Committee requests the Government to indicate, in the event that such accords have been signed, whether on the one hand they provide migrant workers with the protection and benefits that are not less than those of workers resident in the area of labour utilization and, on the other hand, whether facilities have been provided enabling migrant workers to transfer part of their wages and savings to their homes, in accordance with Article 8, paragraphs 2 and 3, of the Convention. Furthermore, the Committee requests the Government to indicate whether laws or regulations provide for the granting to these workers of benefits in cash or in kind to meet any reasonable, personal or family expenses resulting from employment away from their homes, in accordance with Article 14, paragraph 3, of the Convention.

Article 9. The Committee requests the Government to indicate the measures taken to take into account the increase in the cost of living resulting from the change in residence of workers in cases where they and their families move from a low-cost to a higher-cost area for the purpose of employment.

Article 10. The Committee notes that section 76(1) of the Labour Code provides that the minimum wage rate shall be approved by the President of Georgia. It also notes the statement in the report that the President establishes the national minimum wage by decree after consultation with employers and trade unions. The Committee requests the Government to specify the laws and regulations applicable and to indicate the measures taken to encourage the fixing of minimum rates of wages by collective agreements freely negotiated between trade unions which are representative of the workers concerned and employers or employers’ organizations. The Committee also notes that section 76(2) of the Labour Code provides that the annual remuneration of an employee will not be lower than the minimum wage and that the institutions, enterprises and organizations, irrespective of their ownership or legal regime, shall respect the minimum wage. It also notes information in the report stating that the Presidential Decree fixing the minimum wage is published in the media and made available to all organizations and it requests the Government to indicate the applicable laws and regulations. The Committee also requests the Government to indicate the measures taken to enable workers to whom minimum rates are applicable and who, since they became applicable have been paid wages at less than these rates, to recover the amount due within a certain time limit, in conformity with the provisions of this Article of the Convention. Finally, the Committee takes this opportunity to draw the Government’s attention to Conventions Nos. 26, 99 and 131, as well as the Minimum Wage Fixing Recommendation, 1970 (No. 135), which cover minimum wage-fixing machinery and set out the basic principles in the matter.

Article 11, paragraphs 1 to 4, 7 and 8(c). The Committee notes that, due to budgetary and economic difficulties, debts and delays in the payment of wages are frequent. It requests the Government to indicate the measures taken or envisaged to ensure the regular payment of all wages, the establishment by employers of registers of wage payments, the issuing to workers of statements of wage payments as well as the reinforcement of the necessary supervision in this respect in accordance with Article 11, paragraph 1. The Committee requests the Government to indicate the measures taken to ensure that the direct payment of wages directly to the worker in legal tender is the normal applicable rule, in accordance with Article 11, paragraphs 2 and 3. The Committee 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, paragraph 4. The Committee notes that, in certain enterprises (in particular bakeries and food enterprises), part of wages may be paid in kind. In this respect the Committee requests the Government to indicate the measures taken to ensure that the products supplied in this manner are adequate and that their cash value is properly assessed in accordance with Article 11, paragraph 7. The Committee also requests the Government to indicate the measures taken to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof, in accordance with Article 11, paragraph 8(c). Finally, the Committee wishes to draw the Government’s attention to Convention No. 95 and Recommendation No. 85, which address, in detail, all the practical aspects of labour remuneration by endeavouring to provide full and effective protection for workers’ wages.

Article 12. The Committee notes that, according to section 125(1) of the Labour Code, the total amount of each deduction from wages cannot exceed 20 per cent or 50 per cent of the wages of a wage earner or salaried employee in the cases provided for by law. It requests the Government to indicate the measures taken to regulate the maximum amounts and manner of repayment of advances on wages, to limit the amount of advances which may be paid to a worker in consideration of his or her taking up employment and to clearly explain to the worker the amount of the advances permitted, as well as to make legally irrecoverable any advance in excess of the amount laid down by the competent authority and to ensure that any advance may not be recovered by the withholding of amounts of pay due to the worker at a later date, in accordance with the provisions of this Article of the Convention.

Article 13, paragraph 2. The Committee requests the Government to indicate the measures taken in both law and practice, to protect wage earners and independent producers against usury.

Article 15, paragraphs 1 and 3. The Committee notes that a process of reorganization and reform is undergoing basic vocational training. It notes that the Education Act of 1997 and the Basic Vocational Training Act of 1998 set out the goals and objectives in the field of education, with a view to establishing conditions for vocational training, education and social security of young persons, which improve the competitiveness of young persons on the labour market, as well as to improve the vocational training, retraining and the qualification levels of adults. It notes that an apprenticeship programme has been adopted by the above two Acts, which begins once compulsory education has been completed or at the age of 12 years with the authorization of the competent authorities. Furthermore, the Committee notes the statistics provided by the Government concerning the reduction in the number of vocational training institutions and students benefiting from apprenticeship programmes or vocational training, due to the economic difficulties. The Committee notes this information. It requests the Government to continue supplying information on the implementation of education and vocational training programmes in the context of the reforms undertaken and the current economic difficulties. The Committee also requests the Government to indicate the measures taken to prohibit the employment of children below the school-leaving age during school hours and in areas where educational facilities are provided on a scale adequate for the majority of school-age children.

Part V of the report form. The Committee requests the Government to provide in its next report, a general appreciation of the manner in which the Convention is applied in practice including for example, statistics, extracts from the reports of the inspection services, or information concerning the difficulties encountered in all aspects of social policy covered by the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first report. It understands that the Labour Code currently in force is that of 28 June 1973, as amended until 1999. The Committee understands furthermore that a new Labour Code has been under examination for some time, and requests the Government to inform the Office of any progress achieved in finalizing this text. It requests the Government to provide information on the following points.

Article 6 of the Convention. The Committee notes that the Government refers in its report to the Immigration Act of 27 June 1993. Nevertheless, the Committee considers that this text is not relevant to the provisions of the present Convention. The Committee also notes the information contained in the report that, due to the increasing complexity of the process of migration for employment, it is increasingly urgent for the State to adopt legislation in this field and must lead to an increase in the share of organized legal migration. It notes that new legislation on migrant labour is being developed, in order to establish a system for the registration of migrant workers and to establish guarantees relating to social security protection at the workplace. The Committee requests that the Government inform the ILO of any legislative developments in this regard and to specify whether migration within the territory of Georgia is taken into account in the legislation being prepared, and to indicate whether this legislation sets out for workers who are obliged to live away from their homes, for the purposes of employment terms and conditions of employment that take into account their normal family needs.

Article 7. The Committee requests the Government to indicate the measures taken or envisaged, where labour resources of one area are used on a temporary basis for the benefit of another area, to encourage the transfer of part of the workers’ wages and savings from the area of labour utilization to the area of labour supply.

Articles 8 and 14, paragraph 3. The Committee requests the Government to indicate whether it has used, in one area of the country, the labour resources of a country under a different administration and, if so, to indicate whether it has entered into agreements with the competent authorities of the countries concerned for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Convention. The Committee requests the Government to indicate, in the event that such accords have been signed, whether on the one hand they provide migrant workers with the protection and benefits that are not less than those of workers resident in the area of labour utilization and, on the other hand, whether facilities have been provided enabling migrant workers to transfer part of their wages and savings to their homes, in accordance with Article 8, paragraphs 2 and 3, of the Convention. Furthermore, the Committee requests the Government to indicate whether laws or regulations provide for the granting to these workers of benefits in cash or in kind to meet any reasonable, personal or family expenses resulting from employment away from their homes, in accordance with Article 14, paragraph 3, of the Convention.

Article 9. The Committee requests the Government to indicate the measures taken to take into account the increase in the cost of living resulting from the change in residence of workers in cases where they and their families move from a low-cost to a higher-cost area for the purpose of employment.

Article 10. The Committee notes that section 76(1) of the Labour Code provides that the minimum wage rate shall be approved by the President of Georgia. It also notes the statement in the report that the President establishes the national minimum wage by decree after consultation with employers and trade unions. The Committee requests the Government to specify the laws and regulations applicable and to indicate the measures taken to encourage the fixing of minimum rates of wages by collective agreements freely negotiated between trade unions which are representative of the workers concerned and employers or employers’ organizations. The Committee also notes that section 76(2) of the Labour Code provides that the annual remuneration of an employee will not be lower than the minimum wage and that the institutions, enterprises and organizations, irrespective of their ownership or legal regime, shall respect the minimum wage. It also notes information in the report stating that the Presidential Decree fixing the minimum wage is published in the media and made available to all organizations and it requests the Government to indicate the applicable laws and regulations. The Committee also requests the Government to indicate the measures taken to enable workers to whom minimum rates are applicable and who, since they became applicable have been paid wages at less than these rates, to recover the amount due within a certain time limit, in conformity with the provisions of this Article of the Convention. Finally, the Committee takes this opportunity to draw the Government’s attention to Conventions Nos. 26, 99 and 131, as well as the Minimum Wage Fixing Recommendation, 1970 (No. 135), which cover minimum wage-fixing machinery and set out the basic principles in the matter.

Article 11, paragraphs 1 to 4, 7 and 8(c). The Committee notes that, due to budgetary and economic difficulties, debts and delays in the payment of wages are frequent. It requests the Government to indicate the measures taken or envisaged to ensure the regular payment of all wages, the establishment by employers of registers of wage payments, the issuing to workers of statements of wage payments as well as the reinforcement of the necessary supervision in this respect in accordance with Article 11, paragraph 1. The Committee requests the Government to indicate the measures taken to ensure that the direct payment of wages directly to the worker in legal tender is the normal applicable rule, in accordance with Article 11, paragraphs 2 and 3. The Committee 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, paragraph 4. The Committee notes that, in certain enterprises (in particular bakeries and food enterprises), part of wages may be paid in kind. In this respect the Committee requests the Government to indicate the measures taken to ensure that the products supplied in this manner are adequate and that their cash value is properly assessed in accordance with Article 11, paragraph 7. The Committee also requests the Government to indicate the measures taken to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof, in accordance with Article 11, paragraph 8(c). Finally, the Committee wishes to draw the Government’s attention to Convention No. 95 and Recommendation No. 85, which address, in detail, all the practical aspects of labour remuneration by endeavouring to provide full and effective protection for workers’ wages.

Article 12. The Committee notes that, according to section 125(1) of the Labour Code, the total amount of each deduction from wages cannot exceed 20 per cent or 50 per cent of the wages of a wage earner or salaried employee in the cases provided for by law. It requests the Government to indicate the measures taken to regulate the maximum amounts and manner of repayment of advances on wages, to limit the amount of advances which may be paid to a worker in consideration of his or her taking up employment and to clearly explain to the worker the amount of the advances permitted, as well as to make legally irrecoverable any advance in excess of the amount laid down by the competent authority and to ensure that any advance may not be recovered by the withholding of amounts of pay due to the worker at a later date, in accordance with the provisions of this Article of the Convention.

Article 13, paragraph 2. The Committee requests the Government to indicate the measures taken in both law and practice, to protect wage earners and independent producers against usury.

Article 15, paragraphs 1 and 3. The Committee notes that a process of reorganization and reform is undergoing basic vocational training. It notes that the Education Act of 1997 and the Basic Vocational Training Act of 1998 set out the goals and objectives in the field of education, with a view to establishing conditions for vocational training, education and social security of young persons, which improve the competitiveness of young persons on the labour market, as well as to improve the vocational training, retraining and the qualification levels of adults. It notes that an apprenticeship programme has been adopted by the above two Acts, which begins once compulsory education has been completed or at the age of 12 years with the authorization of the competent authorities. Furthermore, the Committee notes the statistics provided by the Government concerning the reduction in the number of vocational training institutions and students benefiting from apprenticeship programmes or vocational training, due to the economic difficulties. The Committee notes this information. It requests the Government to continue supplying information on the implementation of education and vocational training programmes in the context of the reforms undertaken and the current economic difficulties. The Committee also requests the Government to indicate the measures taken to prohibit the employment of children below the school-leaving age during school hours and in areas where educational facilities are provided on a scale adequate for the majority of school-age children.

Part V of the report form. The Committee requests the Government to provide in its next report, a general appreciation of the manner in which the Convention is applied in practice including for example, statistics, extracts from the reports of the inspection services, or information concerning the difficulties encountered in all aspects of social policy covered by the Convention.