Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Georgia (Ratification: 1993)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(2) of the Convention. Inherent requirements of the job. The Committee takes notes of the Government indication that section 4.9 of the Law on the Elimination of All Forms of Discrimination was not applied by the Courts and the Office of the Public Defender during the period under review. The Committee once again asks the Government: (i) to clarify the practical application and objective of section 4(9) of the Law on the Elimination of All Forms of Discrimination which provides that differential treatment and creation of different conditions and/or situations shall be permissible if there is “an overwhelming state interest and the necessity of state intervention in a democratic society; and (ii) to provide information on any cases brought before the Office of the Public Defender or the courts regarding the application of this provision.

Indirect discrimination. Objective circumstances. The Committee notes the Government statement that the Labour Inspectorate did not review any case of discrimination in respect of sections 6(12)(e) and 37(1)(n) of the Labour Code (now sections 12(3)(f) and 47(1)(n)) of the Labour Code), which according to the Georgian Trade Union Confederation (TUC) allow the conclusion of short-term contracts where there are “objective circumstances”, and is used in practice as a mean to discriminate on the basis of sex, trade union activities and political views. The Committeeasks the Government to provide information on cases where sections 12(3)(f) and 47(1)(n)) of the Labour Code have been successfully applied by employers.

Article 2. Equality of opportunity and treatment of ethnic minorities. The Government states that, one of the key instruments to achieve equality of opportunity and treatment for ethnic minorities is the State Strategy for Civic Equality and Integration 2021–30 (and its Action Plan) which aims to create equal opportunities for all citizens, regardless of their ethnicity, for full participation in all spheres of public life. The main inter-related priorities of the Strategy are: (1) State language for integration, (2) access to quality education, (3) equality, civic and political participation, (4) social and economic integration, and (5) intercultural dialogue - with a special focus on further empowerment of women and youth. The Committee notes the Government indication that language barrier is one of the main factors hindering access to education and social integration of ethnic minorities, hence the reason why it is implementing a very active policy on teaching state language as a mean to facilitate socialization, integration and competitiveness of non-Georgian speaking persons, including ethnic minorities. Nevertheless, ethnic minorities in Georgia have access in their native languages to all stages of education (preschool, general education, vocational, and higher. The Government also indicates that, in 2022, it has launched a Civil Servants Integration Program, intended for representatives of national minorities employed in the public sector, to raise their general and technical competences and strengthen cooperation with Georgian-speaking colleagues, which ensures their integration into the public space. The Committee welcomes the statistical information provided by the Government regarding participation in integration and vocational training programs but notes that no data is provided on the situation of members of the different ethnic minorities in employment in the public and private sectors. It notes the Government’s indication that disaggregated data collection is possible for statistics purposes through the national population census with voluntary self-identification of a person’s ethnic origin and his/her consent and that it cannot be ensured that the data obtained is complete, accurate or reliable. The Committee also notes the Government’s indication that the Labour Inspectorate has not considered cases related to discrimination based on ethnic and/or racial grounds, and that the Office of the Public Defender discussed seven cases related to ethnic/national and/or racial discrimination during 2019-2022. The Committee notes that none of the cases resulted in a finding of discrimination based on race or ethnicity (in that regard, see the 2012 General Survey on Fundamental Conventions, paragraphs 870 and 871). The Committee requests the Government to increase awareness of the relevant legislation, and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of ethnic and racial discrimination. It further requests the Government to continue to provide information on any cases of ethnic or racial discrimination in the field of employment and occupation reported to the Labour Inspection Service, Office of the Public Defender or dealt with by the courts. If available, please provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors from the population census.

Article 3(e). Access to vocational education and training. The Committee notes the information provided by the Government regarding measures taken to promote equal opportunities for vulnerable groups in society, such as persons with disabilities or with special education needs, who are provided with special services such as Sign-language interpretation, assistants, specialists of inclusive education, transportation, adapted learning materials and guides, vouchers credited to the institution and used for such services, introduction in educational institutions of a coefficient in enrollment ranking for socially vulnerable people to create equal opportunities, a quota for persons with special educational needs under the vocational programs, and so on. The Committee asks the Government to provide information on the results of these measures on the situation of members of these vulnerable groups in the labour market.

Article 5. Special measures of protection. The Committee notes from the Government’s indication that the list of harmful works outlined in Order N01-20/N of 2020 was determined through consultations with social partners and was developed based on EEC Directive 92/85 of 19 October 1992 (on the introduction of measures to promote the safety and health at work of pregnant women and women who have recently given birth or are breastfeeding) taking into account the agents, processes and working conditions defined by Annexes I and II of the same directive. The Committee asks the Government to provide information on the application in practice of Order N01-20/N of 2020.

Enforcement and awareness-raising. The Committee notes that the 2020 amendments to the Labour Code created a legal entity under public law to ensure State supervision over labour legislation, and that a new “Law of Georgia on the Labour Inspection Service” defines the Labour Inspection Service’s basic principles, authority and power of inspection, rights and obligations, and ensures effective implementation of labour norms. It notes that the mandate applies to all labour rights determined by the Labour Code, the Law on Public Service, agreements reached through labour mediation, and Occupational Safety and Health norms as determined by the Law on Occupational Safety. The Committee notes that the Labour Inspection Service has been active as of 1 January 2021 and that under the Law on the Labour Inspection Service, administrative penalties can be used for violating labour provisions including a warning, fine, or suspension of the work process (Article 20). The Committee further notes that Labour code (Article 78) establishes sanctions (warnings or a fine) for violating the principle of prohibition of discrimination. It notes that during 2019–22, 13 trainings were conducted for labour inspectors on issues directly related to discrimination. The Committee notes that in 2022, the Labour Inspection Service produced guidelines for the prevention of discrimination during vacancy announcements, for private and public institutions, available in Georgian, English, Armenian and Azerbaijani. From the detailed information provided by the Government regarding cases of alleged discrimination dealt with by the Labour Inspection Service and the Office of the Public Defender, the Committee observes that the complaints were not pursued, inter alia, for lack of authority of the Labour Inspection Service or the Office of the Public Defender, as they can only make recommendations and impose administrative fine. In that regard, it recalls the Georgian Trade Union Confederation observation that workers, despite the costs incurred, tend to prefer to go directly to courts. The Committee asks the Government to examine whether the applicable substantive and procedural provisions allow claims of discrimination to be brought successfully in practice, and to keep it informed of any development in this regard. In the meantime, it asks the Government to continue to provide information on any relevant cases addressing discrimination concerning employment and occupation examined by the competent authorities. including the sanctions imposed and remedies provided.

Burden of proof in discrimination cases. The Committee notes that the new section 7 of the Labour Code, as amended in 2020 provides that in the event of a dispute alleging discrimination on a prohibited ground, which give rise to a reasonable belief that the employer has violated the prohibition against discrimination, the burden of proof shall rest with the employer. The Committee asks the Government to provide information on any case where the burden of proof has shifted from the employee to the employer, including its outcome.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that in 2020 the Government introduced a definition and prohibition of sexual harassment in the Labour Code and that it had noted that the definition does not cover the full range of behaviours that constitute sexual harassment in employment and occupation, that is, both: (1) quid pro quo (any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job); and (2) hostile work environment (conduct that creates an intimidating, hostile or humiliating working environment for the recipient). The Government’s report provides detailed information on the measures taken to prevent sexual harassment in the workplace and promote awareness on the newly adopted legislation and regulations, such as for example the fact that: (1) an electronic course on “Prevention of Sexual Harassment” was developed; (2) information meetings were held with representatives of self-government bodies, students, police officers, representatives of trade unions, labour inspectors, and private companies (human resources management departments); (3) a response mechanism to sexual harassment complaints has been developed by 17 State agencies; (4) regional meetings were organized to raise public awareness on the newly adopted regulations on sexual harassment; (5) in May 2022, the Government conducted, in cooperation with UN Women, a competency-building training on the topic of investigations focused on victims of sexual harassment for civil servants and representatives of state agencies who are directly involved in the implementation of the aforementioned mechanism; (6) a webinar was held on the following topic “Implementation of Legal Norms Regulating Sexual Harassment: Results Achieved and Challenges”, which was aimed, on the one hand, at obtaining information about the progress in terms of implementation and, on the other hand, at identifying gaps in the enforcement of legal regulations; (7) in 2021, UN Women and the Civil Service Bureau conducted a study on workplace sexual harassment in the civil service, which helped in the development of the Sexual Harassment Prevention and Response Policies and Mechanisms; and (8) in 2022 meetings were held by the Labour Inspectorate with 1,200 business representatives in order to familiarize employers with legislative requirements related to labour issues, including sexual harassment and non-discrimination in the workplace.

The Committee notes that the Labour Inspectorate has been supervising labour rights, including in relation to discrimination, harassment and sexual harassment, since January 1, 2021, and that in the period from January 1, 2021 to December 31, 2022, four applications were received alleging workplace sexual harassment. The Committee notes the Government’s indication that: in the first case, although there was a possible case of sexual harassment, the Labour Inspection Service did not have the authority to examine the legality of the employees’ actions; in the second case, the complaint could not be examined due to the statute of limitations and the lack of subordination; in the third case, it seems that the applicant had to pay a fine; and in the fourth case, although the facts were established, the claim could not be examined due to the statute of limitations (an administrative fine was imposed nevertheless). The Committee notes that the Office of the Public Defender (Ombudsman) made a recommendation to establish sexual harassment in 7 cases out of the 14 cases it reviewed. With the recommendations issued, the Office of the Public Defender called on the harassers, whether at the workplace or in another field, asking them to refrain from committing sexual harassment and from creating an environment that is offensive, humiliating or inappropriate for people. It also addressed the recommendations to employers to: (1) effectively, timely and immediately study the alleged cases of sexual harassment; (2) develop sexual harassment prevention mechanisms to eliminate sexual harassment; and (3) work on raising awareness employees. In the remaining cases, a decision was made to terminate the proceedings (in 3 of these cases the applicants withdrew their complaints). The Committee wishes to recall that: (1) sexual harassment can be perpetrated by a person in a position of authority (subordination), but also a colleague, a subordinate or by a person with whom workers have contact as part of their job (a client, supplier, etc.); therefore, the scope of protection against sexual harassment should cover all workers, with respect to all spheres of employment and occupation, including vocational education and training, internships, access to employment and conditions of employment; (2) the absence or relatively low number of sexual harassment complaints does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to, or the inadequacy of, complaints mechanisms and means of redress, or fear of reprisals; and (3) without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey on fundamental Conventions, paragraphs 790–791). The Committee also notes that a workplace culture tolerating or implicitly encouraging sexual harassment may also discourage victims from trusting procedures and filing complaints. The Committee again asks the Government: (i) to take steps to include in the labour legislation a complete definition of sexual harassment (which includes both quid pro quo and hostile work environment,as well as harassment perpetrated not only by a person in a position of authority, but also by a colleague, a subordinate or by a person with whom workers have contact as part of their job), and to provide information on any progress made in this regard; (ii) to indicate the time limit to file a charge of discrimination at work in general, as well as in the specific case of harassment, and the measures taken to ensure that this information is largely disseminated; (iii) to continue providing information on any cases of sexual harassment dealt with by the courts or any other competent authorities, including information on the sanctions imposed and remedies granted; and (iv) to provide information on the findings and recommendations from the seminar on “Implementation of Legal Norms Regulating Sexual Harassment: Results Achieved and Challenges” and the study on workplace sexual harassment in the civil service carried out by UN Women and the Civil Service Bureau of Georgia.

Discrimination based on sexual orientation. The Government indicates that, during the period 2019–2022, the Labour Inspectorate considered only one complaint on the grounds of sexual orientation but that the legal standard in that case was not met, and that the Office of the Public Defender received three applications for which discrimination could not be established. The Committee recalls that it had previously noted the report of the United Nations Independent Expert on protection against violence and discrimination, which referred to the pervasiveness of discrimination based on sexual orientation and gender identity in the country, the existence of beatings, harassment and bullying, and the exclusion from education, work and health settings. It wishes thus to reiterate its statement above that the absence or relatively low number of complaints does not necessarily indicate that this form of discrimination does not exist. In view of the lack of information in this regard, the Committee asks again the Government to indicate any steps taken or envisaged to prevent and address discrimination based on sexual orientation in employment and occupation, including awareness-raising measures. Please continue to provide information on prosecutions brought and penalties imposed in case of proven discrimination based on sexual orientation.

Article 1(3). Discrimination in recruitment. The Committee notes that, with the 2020 Amendment to the Labour Code, the prohibition of discrimination has been expanded to the recruitment process. Section 11.1, previously section 5.1, now provides that “an employer may obtain information about a job candidate, except for information which is not related to the performance of the job or is not designed to evaluate the ability of a candidate to perform a specific job and to make an appropriate decision in respect thereof”. The Committee notes however that, under section 11.8, the employer is still not obliged to justify its decision to refuse to hire a candidate and that, in practice, this provision may affect women disproportionately because of their family responsibilities. The Governments indicates that the Office of the Public Defender published guidelines for preventing discrimination in job postings and that, in 2021–2022, the Labour Inspection Service reviewed 62 cases of alleged discrimination in pre-contractual relations, which were concluded by the payment of a fine in one case and a warning in the remaining cases. From 2019 to 2022, the Office of the Public Defender received 20 cases, which outcomes included negotiating to conclude an employment contract; providing direction to amend hiring practices; and addressing a general proposal to various private companies to refrain from including discriminatory criteria in their posted job vacancies. The Committee asks the Government to continue to provide information on: (i) its efforts to eliminate discriminatory practices in recruitment; (ii) the application of section 11.8 of the Labour Code in practice, in light of the fact that termination on discriminatory grounds is prohibited by the Convention; and (iii) the number and nature of cases handled by the Labour Inspection Service, the courts or the Office of the Public Defender regarding discrimination in pre-contractual relations, including the sanctions imposed and remedies granted.

Article 2. Equality of opportunity and treatment for men and women. The Committee recalls that in 2019 the Gender Equality Council conducted thematic inquiries on vocational education and women’s participation in State economic programs. Regarding vocational education, the Committee notes that the Government is implementing a social marketing campaign to attract women to vocational education and training (VET) in non-traditional or so called “male” skills areas, developing gender sensitive career guidance programs, and introducing mechanisms that strengthen women’s participation in VET. Gender aspects were also taken into consideration to ensure a selection process free from gender stereotypes and biases and give students more chances to get an education in the professions they want, regardless of the established gender prejudices towards these professions. Additional services for women are offered in several colleges. Namely, VET colleges in Telavi (Prestige), Kobuleti (Akhali Talgha) and Alvani (Aisi) offer a specially equipped room for children of their students to accommodate needs of young parents. In order to ensure gender equality in the VET system and to strengthen gender issues in vocational education, a gender specialist has been contracted to gender audit all documents and action plans developed by the Skills’ Agency. The Government indicates that, in the last six years, the gender distribution of VET students shows that the share of female students has changed somewhat. It also underlines that the representation of women is increasing in sectors such as electricity, mechanics and transport services, and the representation of men is increasing in healthcare, textile production, hotel, restaurant and catering.

With regard to the Government’s efforts to promote women participation to the labour market, the Committee notes that in 2021, the Rural Development Agency started a new program, which provides financial and technical assistance to women in the municipalities of Marneuli and Lagodekhi, to organize a new greenhouse. The program aims to increase women’s motivation to engage in agricultural activities and economic empowerment. It is worth mentioning that non-dominant ethnic groups mainly inhabit Marneuli. The evaluation reported several issues in the implementation process; therefore, the Gender Equality Council will be revisiting the monitoring process in the upcoming years to reflect on the outcomes. The Government indicates that, in recent years, it has noticed a growing interest for its women’s economic empowerment program through entrepreneurship development. One of the goals of the micro and small entrepreneurship part of the state program “Enterprise Georgia” is to improve the economic status of women. In the framework of the micro and small entrepreneurship promotion program, additional benefit is provided when applied by women entrepreneurs, to encourage them as much as possible to start a business. The Committee notes the adoption of an Action Plan by the Civil Service Bureau aimed at establishing a gender-sensitive civil service system to enable the full and effective participation and leadership of women in decision-making processes; and the development of a 2022-2024 action plan and communication strategy by the Gender Equality Council.

The Committee however notes from the 2022 “Women and Men in Georgia” statistical publication, that women continue: (1) to have a higher unemployment rate, particularly those with higher education; (2) to be concentrated in lower paid sectors; and (3) to earn significantly less in each sector. It also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that women’s representation at senior levels in the public service is critically low or has decreased (CEDAW/C/GEO/CO/6, 2 March 2023, paragragh 29). Finally, the Government points out that higher standards of maternity and parental leave that can be used by both parents were introduced in the recent amendments to the Labour Code to promote inter alia a more equitable sharing of family responsibilities between men and women and women participation to the labour market. In that regard, the Committee takes note in particular of section 22.2 of the Labour Code which states that, after the end of a period of maternity leave, parental leave, or newborn adoption leave, upon the request of the employee, the employer shall ensure that the qualifications of the employee are upgraded if this is necessary for the performance of the work under the employment agreement, and does not impose a disproportionate burden on the employer. In light of the statistical data provided on the situation of women in the labour market, the Committee asks the Government to: (i) step up its efforts to promote gender equality in employment and occupation and reduce occupational segregation; and (ii) to address existing stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee further asks the Government to provide information on the results of the Gender Equality Council Action Plan 2022-2024. The Committee asks the Government to continue to provide detailed statistics about men and women in different occupations, including at the decision-making level, and in all sectors of the economy.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Legislative developments. Recalling that sections 1 and 2(1)–(4) of the Law on the Elimination of All Forms of Discrimination of 2014 define and prohibit direct and indirect discrimination, as well as multiple discrimination, based on the grounds set out in the Convention, as well as a range of other grounds, the Committee previously asked the Government to consider taking the opportunity of the revision of the Labour Code to clarify the existing non-discrimination provisions by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation. It notes with interest the inclusion of provisions to expand the scope of application of the principle to labour and pre-contractual relations, including access to all forms of vocational training, conditions of employment, labour, remuneration and termination of employment, and trade union membership and activities. The Committee also notes with interest that the Parliament passed amendments to the Labour Code on 29 September 2020, in which it defines and prohibits both direct and indirect discrimination in employment and occupation. The Committee asks the Government to provide a copy of the Labour Code, as amended. It also asks the Government to provide information on any judicial cases successfully brought to the courts on the grounds of direct or indirect discrimination in employment or occupation.

Article 1(2). Inherent requirements of the job. Recalling that section 4(9) of the Law on the Elimination of All Forms of Discrimination provides that differential treatment and creation of different conditions and/or situations shall be permissible if there is “an overwhelming state interest and the necessity of state intervention in a democratic society”, the Committee previously asked the Government to clarify the practical application and objective of the provision, and to provide information on any cases brought before the Office of the Public Defender or the courts regarding this provision. It notes the Government’s statement that no cases have been brought regarding the application of this provision. The Committee recalls, once again, that under the Convention, exceptions to the principle of non-discrimination in employment and occupation are to be interpreted strictly and must be related to the inherent requirements of the job (see 2012 General Survey on the fundamental Conventions, paragraphs 827–831). The Committee therefore asks once again the Government to clarify the practical application and objective of the provision, and to continue to provide information on any cases brought before the Office of the Public Defender or the courts regarding section 4(9) of the Law on the Elimination of All Forms of Discrimination.

Indirect discrimination. Objective circumstances. The Committee recalls the GTUC’s previous observations according to which employers have used sections 6(12)(e) and 37(1)(n) of the Labour Code, allowing the conclusion of short-term contracts where there are “objective circumstances”, as a means of discriminating on the basis of sex, trade union activities and political views. The Committee notes the Government’s general statement that the courts confirmed the wrongful application of these provisions in three instances and reinstated the plaintiffs in their former positions, but notes that no further detail was provided in this respect. In order to assess the conformity of these provisions with the principles laid down in the Convention, the Committee asks the Government to provide more detailed information on cases where sections 6(12)(e) and 37(1)(n) of the Labour Code have been successfully applied by employers.

Article 2. Equality of opportunity and treatment of ethnic minorities. In its previous comments, the Committee asked the Government to: (1) step up its efforts to promote equality of opportunity and treatment of ethnic minorities in employment and occupation; (2) provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors and on their participation rates in various training courses; and (3) provide information on any cases of ethnic or racial discrimination in the field of employment reported to the Office of the Public Defender or dealt with by the courts. It notes the Government’s indication that efforts were made to increase access of ethnic minorities to state-funded vocational training programmes through, for example, testing in their native languages. The Committee also notes from the Government’s report on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (June 2020) that: (1) the Labour and Employment National Strategy prioritized the increase of the access of representatives of ethnic minorities to employment and the improvement of their social-economic conditions and opportunities, and (2) many information meetings on employment support services, occupation safety and labour rights for ethnic minorities were organized (CERD/C/GEO/9-10, paragraphs 118 and 120). However, the Committee notes the Government’s indication that no case based on ethnic or racial discrimination has been heard by the courts or the Public Defender. It recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey, paragraphs 870 and 871). The Committee asks the Government to continue to promote equality of opportunity and treatment of ethnic minorities in employment and occupation, including through targeted measures to increase their representation in governance institutions and improve their educational opportunities. Noting the absence of information provided in this regard, the Committee again asks the Government to provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors, including their representation in public institutions, and on their participation rates in various training courses. The Committee encourages the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of ethnic and racial discrimination, and also to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Committee asks the Government to provide information on any cases of ethnic or racial discrimination in the field of employment and occupation reported to the Office of the Public Defender or dealt with by the courts.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational education and training. In reply to its request for information on the results achieved under the different strategies and programmes to promote equal opportunities for all groups in society, the Committee notes the Government’s indication that, in 2018, the Office of the State Minister conducted a training course on “How to Start and Develop Business” for a total of 30 women in partnership with the Academy of the Ministry of Finance. The Government also refers to: (1) a new initiative aimed at providing free training courses in website development and social media marketing for women aged 18–35 in five regions, and (2) the organization of two-day camps for 14–16 year old girls where they were taught the basics of computer programming. The Committee notes the information provided by the Government on the implementation of the State Programme for Professional Training, Retraining and Qualification Improvement of Job Seekers, in which beneficiaries receive training in professions that are currently in demand. In 2017, 70.4 per cent of the 2,360 beneficiaries were women, and in 2018 they represented 68.6 per cent of the 2,871 beneficiaries. Taking due note of the information provided, the Committee asks the Government to pursue its efforts to promote equal opportunities for women, and to provide information on the measures taken and their results. It also asks the Government to provide information, including statistics disaggregated by sex and ethnicity, on the specific steps taken and the results achieved under the different strategies and programmes to promote equal opportunities for other groups in society, such as ethnic minority and race.

Article 5. Special measures of protection. In its previous comment, the Committee recalled that Decree No. 147 of 3 May 2007 contains an extensive list of “hard, hazardous and dangerous jobs” according to which pregnant or nursing women cannot be recruited (section 4(5) of the Labour Code) and asked the Government to ensure that the limitations on the work that can be undertaken by pregnant or breastfeeding women do not go beyond what is needed to protect maternity in the strict sense, are not based on stereotyped perceptions regarding the capacity and the role of women in society and do not, in practice, limit the access of women to employment in general. The Committee notes the Government’s indication that it is in the process of aligning the national legislation with European directives, including the Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal share of family responsibilities, to reconcile work and family life. In light of the above, the Committee reiterates its request that the Government, when reviewing the list of jobs under Decree No. 147 of 2007, ensures that the limitations on the work that can be undertaken by pregnant or breastfeeding women do not go beyond what is needed to protect maternity in the strict sense, and that any other protective measures taken be strictly limited to maternity protection, and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. The Committee previously asked the Government: (1) to take steps to ensure the effective enforcement of the anti-discrimination legislation in employment and occupation; (2) to indicate how the Labour Conditions Inspecting Department ensures that the anti-discrimination provisions of the Labour Code are applied; and (3) to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general, regarding the prohibition of direct and indirect discrimination in employment and occupation. It notes, from the GTUC’s observations, that the Labour Conditions Inspecting Department does not have the mandate to properly tackle discrimination issues as it can only address situations of discrimination at the request of employees or employers and its recommendations are non-binding. The GTUC further observes that the Public Defender is also ill-equipped to deal with cases of discrimination because: (1) legal persons of private law are not obligated to submit the necessary information to enable it to investigate a case, (2) its recommendations are not binding on private sector employers, and (3) it does not have the right to enter a workplace or investigate a case on its own initiative. The Committee further notes, from the Public Defender’s 2019 Special Report on Combating and Preventing Discrimination and the State of Equality, the low implementation rate of its recommendations. The Committee notes the Government’s intention to transform the current Labour Conditions Inspecting Department into an independent Labour Inspectorate. The Government also indicates that a practical guide for labour inspectors is being drafted in order to improve the inspection process by making it more efficient, transparent and results-oriented, and that a code of ethics is being developed to define the scope of the inspection process and to ensure that it is transparent and applies uniform standards. The Committee notes that in order to raise awareness on discrimination issues, labour inspectors were trained in gender discrimination in the workplace by the Public Defender of Georgia and UN Women in 2018. However, it notes the Government’s indication that during the labour inspections that took place between 2017 and 2019, no case of discrimination was identified. The Committee asks the Government to provide information on any progress made in setting up an independent Labour Inspectorate capable of fully investigating and addressing cases of discrimination in employment and occupation, and issuing binding sanctions and remedies. It further urges the Government to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general, regarding the prohibition of direct and indirect discrimination in employment and occupation, and to provide information on any relevant cases addressing discrimination concerning employment and occupation examined by the competent authorities, such as labour inspectors, the Office of the Public Defender, the Gender Equality Council and the courts, including the sanctions imposed and remedies provided.

Burden of proof in discrimination cases. Recalling that the shifting of the burden of proof can be a useful means of ensuring redress in cases of discrimination in employment and occupation, the Committee repeats its request that the Government indicate whether, in the context of the ongoing reform of the Labour Code, any consideration has been given to amending the provisions in the Code to allow for the shifting of the burden of proof in cases of discrimination relating to additional aspects of employment, including recruitment, conditions of work, promotion and advancement.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee asked the Government to take steps to: (1) prevent, together with workers’ and employers’ organizations, sexual harassment in the workplace; and (2) ensure that section 6(1)(b) of the Law on Gender Equality is effectively enforced (and to provide information on any cases of sexual harassment and their outcomes). It also asked the Government to consider including in the Labour Code a provision explicitly defining and prohibiting sexual harassment in the workplace. In this regard, the Committee notes the GTUC’s repeated observation that sexual harassment remains one of the most under-reported forms of discrimination at work. It notes the Government’s indication concerning the adoption in 2017 of Ordinance No. 200 defining general rules of ethics and conduct in the public service, which prohibits sexual harassment and establishes the requirement for public officials to be aware of this phenomenon and the prohibition of such practices, both in the workplace and in the public domain, and to remain informed of internal and general reporting procedures. The Committee also notes the Government’s reference to the 2019 legislative amendments introducing a definition and prohibition of sexual harassment in the Law on the Elimination of All Forms of Discrimination, as "any unwanted verbal, non-verbal or physical behaviour of a sexual nature with the purpose of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person”. The Committee further notes that the Labour Code was amended in September 2020 to define sexual harassment as “the direct or indirect harassment of a person aimed at or resulting in impairing the dignity of that person, or at creating an intimidating, hostile, humiliating, degrading or abusive environment for him/her, and/or creating the circumstances for a person directly or indirectly causing their condition to deteriorate as compared to other persons in similar circumstances”. The Committee notes with interest the introduction of a definition and prohibition of sexual harassment in the Labour Code, but notes that this definition does not cover the full range of forms of behaviour that constitute sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Government also indicates that, between 2014 and 2018, the Public Defender reviewed 15 cases of sexual harassment and issued recommendations in four cases, and that the courts only dealt with two cases. In light of the limited number of infringements identified by the courts and the Public Defender, the Committee recalls that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey, paragraph 790). The Committee therefore asks the Government to take the necessary steps to ensure that the prohibition of sexual harassment is effectively enforced by the courts and the Public Defender, and to continue providing information on any cases of sexual harassment dealt with by the courts or any other competent authorities, including information on the sanctions imposed and remedies granted. It also asks the Government to take steps to include in the labour legislation a complete definition of sexual harassment, including both quid pro quo and hostile work environment, and to provide information on any progress made in this regard. Noting that the Government’s report is silent on the subject, the Committee again asks the Government to take practical measures, together with workers’ and employers’ organizations, to prevent sexual harassment at work, including through the development of workplace policies and awareness-raising among workers and employers, and to report on the progress made in this regard.

Discrimination based on sexual orientation and gender identity. The Committee recalls that section 2 of the Labour Code prohibits discrimination on the basis of sexual orientation and gender identity and expression. In this regard, it notes from the 2019 report of the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, that discrimination based on sexual orientation and gender identity is pervasive in Georgia: beatings are commonplace, harassment and bullying constant, and exclusion from education, work and health settings appear to be the norm. According to the findings of the Independent Expert, discrimination based on sexual orientation remains common in the workplace and a study has found that, in the lesbian, gay, bisexual, trans and gender diverse community, one person out of four has been denied employment due to their sexual orientation or gender identity (A/HRC/41/45/Add.1, 15 May 2019, paragraphs 31 and 72). The Committee asks the Government to provide information on: (i) any steps taken or envisaged to prevent and address discrimination based on sexual orientation and gender identity in employment and occupation, including statutory and awareness-raising measures; and (ii) prosecutions brought and penalties imposed for violations of section 2 of the Labour Code.

Article 1(3) of the Convention. Discrimination in recruitment. The Committee recalls that, according to the GTUC’s observations, although section 2(3) of the Labour Code prohibits discrimination in recruitment, such cases of discrimination remain common practice and are often under-reported because the employer is not legally required to give reasons for a decision not to hire a candidate (section 5(8) of the Labour Code). The Committee notes from the Special Report of the Public Defender on the Fight Against Discrimination, its Prevention and the Situation of Equality (2018), that there is no express prohibition of discriminatory criteria in job advertisements and that such criteria are commonly used. The Public Defender proposes the introduction of legislative regulations expressly prohibiting discriminatory requirements in pre-contractual relations. The Committee notes the Government’s statement in its report that amendments were made to the Labour Code in February 2019 and notes with interest that an employer can no longer ask a candidate for information that is not related to the performance of the job or to the evaluation of the candidate’s ability to perform specific work, such as his/her religion, faith, disability, sexual orientation, ethnic affiliation or pregnancy status (section 5(1) of the Labour Code). The Committee also notes the Government’s indication that the Gender Equality Council is drafting further amendments to the Labour Code to improve women’s rights in relation to employment and occupation. In the framework of this legislative review, it is proposed that an employer should be required to substantiate his/her decision not to hire when there is an assumption of discrimination. The Committee notes the Government’s statement that eight cases have been investigated by the Public Defender’s Office on the basis of alleged discrimination in pre-contractual relations during the period 2015–18, but no indication is given as to the outcomes of these cases. The Committee asks the Government to provide information on any developments regarding the adoption of the draft legislative amendments proposed by the Gender Equality Council. The Committee also asks the Government to: (i) provide information on the application of new section 5(1) of the Labour Code in practice; (ii) continue taking steps to eliminate discriminatory practices in recruitment, including in job advertisements; and (iii) provide information on the number and nature of cases handled by the courts or the Office of the Public Defender regarding discrimination in pre-contractual relations, including the sanctions imposed and remedies granted.

Article 2. Equality of opportunity and treatment for men and women. The Committee previously asked the Government to step up its efforts to promote gender equality specifically in the field of employment and occupation and to take steps to address the barriers to women’s access to the broadest possible range of sectors and industries and to promote a more equitable sharing of family responsibilities between men and women. It requested information on the implementation of the outstanding activities of the 2014–16 National Action Plan on Gender Equality, as well as on any specific activities carried out by the Gender Equality Council in the field of employment and occupation. The Committee notes the Government’s indication that the Ministry of Economy and Sustainable Development, in partnership with the public agencies Enterprise Georgia and the Georgian Innovation and Technology Agency, is implementing projects to promote women’s entrepreneurship and their role in managerial positions by: (1) financially supporting start-ups and/or helping the expansion of existing businesses; and (2) providing training courses and individual consultancy on business management. The Government states that the Gender Equality Council identified the “economic empowerment of women” as a priority for 2019 and initiated two thematic enquiries focusing on the barriers women face when participating in state economic programmes and in access to vocational education. The Committee also takes note of the Gender Equality Council’s Action Plan for 2018–2020. However, the Committee notes from the GTUC’s observations that, despite positive steps to improve the labour regulations, the issues of women’s promotion (occupational gender segregation), women’s economic empowerment and equal participation in economic development, as well as proper pay, remain problematic. The GTUC alleges that gender inequalities are most challenging in rural areas and that gender stereotypes, the unequal division of unpaid agricultural and domestic work and a lack of gender-responsive services and programmes limit women’s abilities to acquire new skills, develop agricultural or other businesses and earn a sustainable income. In addition, the GTUC states that women entrepreneurs continue to face challenges in access to finance, information, training, access to business networks, as well as the reconciliation of work and family responsibilities. Referring to the official statistical data, the GTUC indicates that women comprise only 29 per cent of public service employees and only 21.8 per cent of managerial positions in the public sector. The Committee asks the Government to pursue its efforts to promote gender equality in employment and occupation, including through measures to address directly stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee again urges the Government to take steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard. The Committee further asks the Government to provide information on the conclusions and recommendations of the Gender Equality Council following its 2019 thematic enquiries, as well as on the results of its Action Plan 2018–2020 in the field of gender equality in employment and occupation. The Committee asks the Government to provide statistics on the situation of men and women in different occupations, including at the decision-making level, and in all sectors of the economy.

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

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

The Committee notes the observations of the Georgian Trade Unions Confederation (GTUC), dated 26 September 2014, 2 March 2015 and 3 October 2016, which address similar issues related to the application of the Convention, as well as the responses of the Government, dated 20 November 2015, 16 December 2016 and 8 November 2017.

Article 1 of the Convention. Legislative developments. The Committee notes that the Law on the Elimination of All Forms of Discrimination, adopted on 2 May 2014, defines and prohibits direct and indirect discrimination, as well as multiple discrimination, based on the grounds set out in the Convention, as well as a range of other grounds, including language, age, citizenship, origin, place of birth or residence, property, ethnic origin, profession, marital status, health disability, sexual orientation, gender identity and expression, opinions and “other characteristics” (sections 1 and 2(1)–(4)). The Law also prohibits incitement to discrimination. The Committee further notes that the process of revision of the Labour Code is ongoing. The Government indicates that further legislative steps are being taken to bring the legislation into line with the relevant European Council Directives on equal treatment. The amendments will affect several Acts, including the Labour Code, the Law on the Public Defender, the Law on the Elimination of All Forms of Discrimination and the Law on the Public Service. The Committee asks the Government to consider taking the opportunity presented by the review and revision of the Labour Code to clarify the existing non-discrimination provisions by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation, and to provide information on the progress made in this regard.

Article 1(2). Inherent requirements of the job. The Committee notes that section 4(9) of the Law on the Elimination of All Forms of Discrimination 2014 provides that differential treatment, creation of different conditions and/or situations shall be permissible if there is “an overwhelming state interest and the necessity of state intervention in a democratic society”. The Committee recalls that under the Convention, exceptions to the principle of non-discrimination in employment and occupation are to be interpreted strictly and must be related to the inherent requirements of the job. The Committee asks the Government to clarify the practical application and objective of the provision, and to provide information on any cases brought before the Office of the Public Defender or the courts regarding section 4(9) of the Law on the Elimination of All Forms of Discrimination.

Indirect discrimination. Objective circumstances. The Committee notes that the GTUC refers to section 6(12)(e) and section 37(1)(n) of the Labour Code which provide that an employment contract can be concluded for a fixed term of less than one year where there are “objective circumstances”, and that employment relations can be terminated in the case of “objective circumstances”. According to the GTUC, employers have used short term contracts as a means of discriminating on the basis of sex, trade union activities and political views. The Committee asks the Government to reply to the observations made by the GTUC regarding the discriminatory use of fixed-term contracts.

Article 2. Equality of opportunity and treatment of ethnic minorities. In its previous comments, the Committee noted the under-representation of ethnic minorities in state institutions and the state administration and public institutions, and requested information on the steps taken to formulate and implement an equality policy, in cooperation with workers’ and employers’ organizations, to ensure equal opportunities and treatment of ethnic minorities and to combat ethnic discrimination in employment and occupation. The Committee notes from the Government’s report that some steps are being taken to promote civic integration and to improve the representation of ethnic minorities: for example, a coordination council of ethnic minorities was set up in the Tbilisi City Council. However the Committee notes that, according to the Office of the Public Defender, this has not led to the improved representation of ethnic minorities in public institutions and their representation in Tbilisi governance institutions remains a problem. The Committee asks the Government to step up its efforts to promote equality of opportunity and treatment of ethnic minorities in employment and occupation, including through targeted measures to increase their representation in governance institutions and improve their educational opportunities. The Committee asks the Government to provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors, including their representation in public institutions, and on their participation rates in various training courses. The Committee asks the Government to provide information on any cases of ethnic or racial discrimination in the field of employment reported to the Office of the Public Defender or dealt with by the courts.

Article 3(e). Access to vocational education and training. The Committee also notes that the 2014–16 National Plan for Gender Equality includes measures to promote gender equality in vocational education and training institutions, particularly in the areas of science, technology, engineering and mathematics. The Committee also notes the extensive information provided by the Government regarding the national vocational training and education programme and that one of the objectives of the Vocational Education and Training Development Strategy 2013–20 is to provide equal opportunities for all. In this regard, the Government reports that, according to statistics for 2013–15, in most regions the students in vocational education and training colleges were mostly men. The Committee also notes the Vocational Education and Retraining Programme for Jobseekers and the Enhancement of Qualifications (Ordinance No. 238 of 2 June 2016). Recalling that access to education and to a wide range of vocational training courses is of paramount importance to achieve equality in the labour market, the Committee asks the Government to provide information, including statistics disaggregated by sex and for the different minority groups, on the specific steps taken and the results achieved under the different strategies and programmes to promote equal opportunities for all groups in society. The Government is also asked to indicate the results achieved under the 2014–16 National Plan to promote gender equality in the areas of science, technology, engineering and mathematics, and to specify the number of men and women participating in these courses over time.

Article 5. Protective measures. In its previous comments, the Committee noted that the Ministry of Labour, Health and Social Affairs was envisaging a review of Decree No. 147 of 3 May 2007 which contains an extensive list of “hard, hazardous and dangerous jobs” to which pregnant or nursing women cannot be recruited (section 4(5) of the Labour Code). The Committee notes that the Government’s report does not contain information on any developments in this regard. Considering the observations of the GTUC and the Office of the Public Defender on prevailing stereotypes regarding women’s preferences, suitability and ability to perform certain jobs, the Committee asks the Government, when reviewing the list of jobs under Decree No. 147 of 2007, to ensure that the limitations on the work that can be undertaken by pregnant or breast-feeding women do not go beyond what is needed to protect maternity in the strict sense, and are not based on stereotyped perceptions regarding the capacity and the role of women in society. The Committee also asks the Government to ensure that in practice such provisions do not limit the access of women to employment in general, and to provide information on the progress made in this regard.

Enforcement. The Committee notes that in 2015 the Government initiated the National Programme on Monitoring Labour Conditions (Ordinance No. 38 of 5 February 2015) and established the Department for Inspection of Labour Conditions (Ordinance No. 81 of 2 March 2015). The Committee refers to its comments on the Equal Remuneration Convention, 1951 (No. 100), and notes the GTUC’s observations that the Programme does not refer to employment conditions as such. The GTUC also refers to statistical data showing that, of the 1,267 lawsuits on labour issues before the courts in 2013, only 70 concerned health and safety issues; other issues also included discrimination. The Committee recalls that the Office of the Public Defender has raised issues regarding the non mandatory character of the recommendations made by the Department of Inspection. The Committee refers to its comments on Convention No. 100 and asks the Government to take the necessary measures to ensure the effective enforcement of the anti-discrimination legislation in employment and occupation, and to indicate how the Department for Inspection of Labour Conditions will ensure that the anti-discrimination provisions of the Labour Code are applied. The Committee also asks the Government to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general, regarding the prohibition of direct and indirect discrimination in employment and occupation, and to provide information on any relevant cases addressing discrimination concerning employment and occupation examined by the Office of the Public Defender, the Gender Equality Council and the courts, including the sanctions imposed and remedies provided.

Burden of proof in discrimination cases. The Committee notes that section 402(3) of the Labour Code provides that the burden of proof for claims of anti-union discrimination (section 402(1)) or termination of employment on prohibited grounds of discrimination (section 37(3)(b)) rests with the employer, if an employee establishes circumstances which provide reasonable cause to believe that the employer acted in breach of section 402(1) or section 37(3)(b). The Committee further notes that more generally section 8(2) of the Law on the Elimination of All Forms of Discrimination of 2014 provides for the shifting of the burden of proof after a complainant has provided the facts and relevant evidence to the Office of the Public Defender giving grounds for suspecting that discrimination has occurred. It also notes from the GTUC’s observations that discrimination against women in labour relations is under-reported due to fear of retaliation and difficulties regarding the burden of proof. Recalling that the shifting of the burden of proof can be a useful means of ensuring redress in cases of discrimination in employment and occupation, the Committee asks the Government to indicate whether, in the context of the ongoing reform of the Labour Code, any consideration has been given to amending the provisions in the Labour Code to allow for the shifting of the burden of proof in cases of discrimination relating to other aspects of employment, including recruitment, conditions of work, promotion and advancement.

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

The Committee notes the observations of the Georgian Trade Unions Confederation (GTUC) dated 26 September 2014, 2 March 2015 and 3 October 2016 which address similar issues related to the application of the Convention, as well as the responses from the Government dated 20 November 2015, 16 December 2016 and 8 November 2017.

Article 1 of the Convention. Discrimination in the recruitment stage. The Committee recalls its previous comments in which it noted that the Labour Code prohibited any kind of discrimination based on a number of grounds in employment relations (section 2(3)) but did not explicitly cover discrimination at the recruitment or selection stage nor did it define discrimination. The Committee notes that following amendments to section 2(3) of the Labour Code in 2013, discrimination is now prohibited in “pre-contractual relations” (Organic Law No. 729-IIs of 12 June 2013 to amend the Labour Code). The Committee notes however, that according to the GTUC, discrimination in the context of pre contractual relations, including job advertisements, is still common in practice and cases are often not reported. Pregnancy and marital status, in particular, operate as impediments to recruitment. The GTUC also reiterates that under section 5(8) of the Labour Code an employer is not required to give reasons for a decision not to hire a candidate, which may bar candidates from successfully bringing discrimination cases. The Committee further notes from the Government’s report that the Office of the Public Defender found that gender stereotypes regarding the type of jobs for women and men are reflected in discriminatory job advertisements, and that a study of the most widely used job advertisement website (www.jobs.ge) revealed that 10 per cent of the online job advertisements specifically targeted female candidates and 24 per cent male candidates. To address this situation, the Office of the Public Defender has recommended that the Ministry of Labour, Health and Social Affairs develops guidelines to prevent discrimination in the recruitment stage. The Committee asks the Government to take the necessary steps to eliminate discriminatory practices at the recruitment stage, including in job advertisements, and to provide information on the number and nature of cases handled by the courts or the Office of the Public Defender regarding discrimination in “pre-contractual relations”, including sanctions imposed and remedies provided.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 6(1)(b) of the Law on Gender Equality of 2010 prohibits “any type of unwanted verbal, non-verbal or physical act of a sexual nature that is aimed at or induces impairment of a person’s dignity or creates humiliating, hostile or abusive conditions for him/her”, and that section 2(4) of the Labour Code only prohibits harassment more generally as a form of discrimination. The Committee notes that the Law on the Elimination of All Forms of Discrimination, adopted in 2014, prohibits discrimination but does not expressly define and prohibit sexual harassment. The Committee notes the observations by the GTUC that sexual harassment is one of the least reported forms of discrimination and that the regular mechanism for administrative complaints is not adequate to address cases of sexual harassment due to the lack of confidentiality. The Committee further notes from the information provided by the Office of the Public Defender that no active steps have been taken towards the prevention of sexual harassment in the workplace, and that the Office of the Public Defender has recommended that the Ministry of Justice establishes a system of adequate sanctions. Regarding the enforcement of section 6(1)(b) of the Law on Gender Equality, the Government refers to the authority of the Gender Equality Council “to examine statements, documents and other information on violations of gender equality”. The Government also refers to the mandate of the Office of the Public Defender to monitor the observance of the principle of non-discrimination in general, on the basis of complaints or ex officio, but it is not clear whether that also covers the provisions of the Law on Gender Equality. The Committee asks the Government to take steps, together with workers’ and employers’ organizations, to prevent sexual harassment in the workplace, including the development of workplace policies and awareness raising among workers and employers, and to report on the progress made in this regard. It also asks the Government to take the necessary steps to ensure that section 6(1)(b) of the Law on Gender Equality is effectively enforced, and to provide information on any cases of sexual harassment dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided. Noting that the reform of the Labour Code is still ongoing, the Committee also asks the Government to consider including a provision explicitly defining and prohibiting sexual harassment in the workplace similar to section 6(1)(b) of the Law on Gender Equality.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that women’s economic activity and employment rates, while having increased respectively to 58.9 per cent and 52.9 per cent in 2015, remain low compared to men’s economic activity and employment rates, respectively 78.1 per cent and 67.6 per cent. In this regard, the Committee notes that, in its observations, the GTUC emphasizes the linkages between women’s low economic activity rate, the feminization of poverty and the high rate of violence against women. It also refers to persisting stereotypes and prejudices about women’s role in the family and in decision-making, and to women’s difficulties in combining work and family responsibilities. The GTUC further states that occupational gender segregation (the “glass ceiling”) is one of the most common forms of discrimination and, despite positive steps towards regulation, the promotion of women and their equal participation in economic development remain problematic. The Committee notes the adoption of the 2014–16 National Action Plan on Gender Equality and the Progress Report, published in 2017, on its implementation. The Committee notes from the Progress Report that training and awareness activities, including media campaigns, have continued to address traditional views and current stereotypes that hinder gender equality. The Progress Report also provides information on the increased number of women’s beneficiaries in projects to promote entrepreneurship, agricultural production and cooperatives, and in data collection on gender equality. However, the Committee also notes that according to the Report, progress has been slow and various factors hinder the realization of gender equality and the promotion of women’s rights, including societal attitudes and gender stereotypes, lack of institutional understanding about the importance of gender equality, lack of an effective legal framework and insufficient human and financial resources. The Committee asks the Government to step up its efforts to promote gender equality specifically in the field of employment and occupation, including through addressing stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee also urges the Government to take steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard. Noting that the Progress Report recommended that the outstanding activities of the 2014–16 National Action Plan on Gender Equality should be implemented in the course of 2017, the Committee also asks the Government to provide information on the results thereof, as well as on any specific activities carried out by the Gender Equality Council in the field of employment and occupation. The Committee asks the Government to continue to provide statistics on the situation of men and women in different occupations, including at decision-making level, and in all sectors of the economy.

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

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

Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that the Labour Code which prohibits any kind of discrimination based on a number of grounds in employment relations (section 2(3)) does not explicitly cover discrimination at the recruitment or selection stage nor does it define discrimination. The Committee understands that the process of revision of the Labour Code is ongoing. The Committee asks the Government to consider taking the opportunity of the process of reviewing and revising the Labour Code to clarify the existing non-discrimination provisions by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation, including the recruitment and selection stages, and to provide information on the progress made in this regard.

Sexual harassment. With respect to sexual harassment, the Committee notes that the Law on Gender Equality of 2010 prohibits “any type of unwanted verbal, nonverbal or physical act of a sexual nature that is aimed at or induces impairment of a person’s dignity or creates humiliating, hostile or abusive conditions for him/her” (section 6(1)(b)). The Committee asks the Government to provide information on how, and by which authority, section 6(1)(b) of the Law on Gender Equality is enforced, including information on sanctions and remedies provided. Please also provide information on any cases of sexual harassment dealt with by the courts or any other competent authorities.

Articles 1 and 2. Equality of opportunity and treatment of ethnic minorities. In previous comments, the Committee had noted the low representation of ethnic minorities in state institutions and the public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affected their ability to enter the labour market. The Committee notes the information provided by the Government on the measures taken to improve ethnic minorities’ knowledge of the Georgian language and on the scholarship programmes for Armenian and Azerbaijani students. While encouraging the Government to continue its efforts to improve access of ethnic minorities to education and their knowledge of the Georgian language, the Committee asks the Government to provide information on the impact of such measures on the employment of members of different ethnic minorities, including statistical information on their representation both in the public and the private sectors. The Committee also asks the Government to provide information on any steps taken to formulate and implement an equality policy, in cooperation with workers’ and employers’ organizations, to ensure equal opportunities and treatment of ethnic minorities and combat ethnic discrimination in employment and occupation. Please provide information on any cases of ethnic or racial discrimination in the field of employment reported to the public defender or dealt with by the courts.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that education and public awareness are priority objectives of the Action Plan on Gender Equality (2011–13), in order to address gender stereotypes. The Committee welcomes the detailed information on training activities conducted on gender equality. It notes that training on gender equality was provided to 575 teachers in 2011, and that media campaigns as well as seminars and conferences have been regularly organized. The Committee also notes the Government’s indication that the Ministry of Labour, Health and Social Affairs (MoLHSA) was actively involved in a seminar organized, inter alia, by the Gender Equality Council on “Gender Aspects of the Labour Law”. The Committee asks the Government to take steps to promote gender equality specifically in the field of employment and occupation, including addressing stereotypes regarding women’s professional aspirations, preferences and capabilities. Given the low economic activity and employment rates of women (respectively 57.4 per cent and 49.5 per cent in 2012, in comparison to 78.2 per cent and 65.6 per cent for men), the Committee asks the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility. Please continue to provide information on the implementation of the Action Plan on Gender Equality and the results thereof, as well as on activities of the Gender Equality Council in the field of employment, including information on the recommendations resulting from the seminar on “Gender Aspects of the Labour Law”.

Article 5. Protective measures. The Committee notes that further to the creation of the Labour and Employment Policy Department within the MoLHSA, the review of Decree No. 147 of 3 May 2007 which contains an extensive list of “hard, hazardous and dangerous jobs” for which pregnant or nursing women cannot be recruited (section 4(5) of the Labour Code) is envisaged. The Committee wishes to emphasize that maternity protection should be provided to enable women to fulfil their maternal role without being marginalized in the labour market. The Committee understands that certain jobs cannot be undertaken by pregnant or nursing women. However, protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women. Restrictions on the work that women are permitted to do should not extend to the recruitment and selection phase, and should only cover maternity protection. The Committee also recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. The Committee asks the Government to ensure, when reviewing the extensive list of jobs under Decree No. 147 of 2007, that the limitations on the work that can be undertaken by pregnant or nursing women do not go beyond what is needed to protect maternity in the strict sense, and are not based on stereotyped perceptions regarding the capacity and the role of women in society. The Committee also asks the Government to ensure that in practice such provisions do not limit the access of women to employment in general. Please provide information on any developments in this regard.

Enforcement. The Committee notes that the Office of the Public Defender monitors the observance of the principle of non-discrimination in general, on the basis of complaints or ex officio. However, with respect to employment and occupation, the Committee notes with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there is no longer a labour supervisory body. The Committee also understands from the Government’s report that the labour supervisory body to be established will be responsible for enforcing only occupational safety and health provisions. The Committee asks the Government to provide information on the manner in which it ensures effective enforcement of the anti-discrimination legislation in employment and occupation, and to indicate whether the future labour supervisory body will be entrusted with ensuring the application of such legislation. Please provide information on any discrimination cases concerning specifically employment and occupation examined by the Office of the Public Defender and the courts, including sanctions imposed and remedies provided.

Statistics. The Committee asks the Government to provide statistics on situation of men and women in employment, by sector of the economy, as well as statistics, disaggregated by sex, on the situation of members of different ethnic minorities in employment in the public and the private sectors.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of ethnic minorities. The Committee has previously noted the low representation of ethnic minorities in state institutions and the public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affects their ability to enter the labour market. The Committee notes that several measures have been taken to improve ethnic minorities’ access to higher educational institutions, including the introduction in 2009 of a simplified examination system for ethnic minorities, allowing them to take the entrance exam in their native language; the setting of quotas in access to the institutions (2 per cent for Abkhazians and Ossetians, and 5 per cent for Armenians and Azeri), and providing educational grants to cover all tuition fees. The Government indicates that following these measures, the number of those belonging to ethnic minorities who received educational grants between 2005–10 increased by 321.8 per cent and their representation in higher educational institutions increased by 258.5 per cent since 2008. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the lack of sufficient knowledge of the Georgian language amongst ethnic minorities, despite the efforts deployed in this field, indicating that it is an obstacle to their integration into society, education, employment, and representation in state institutions and public administration (CERD/C/GEO/CO/4-5, 2 September 2011, paragraph 15). The Committee notes that several programmes were developed by the Ministry of Education and Science (MES) in order to improve ethnic minorities’ knowledge of the Georgian language, including: the Multilingual Teaching Supporting Programme, the Georgian Language Programme, and the establishment of Georgian Language Houses. Recalling its previous comments noting the establishment of the Zurab Jvania School of Public Administration, the Committee notes the Government’s indication that in 2010, 15 Azerbaijanian and 15 Armenian students were enrolled and that during 2006–08, 133 Azeri and 124 Armenian students undertook intensive courses in the Georgian language. No information was provided on any employment obtained or career advancement in the public sector achieved by graduates. The Government indicates once again that no statistical information regarding the national origin of citizens exists, and that this is aimed at reducing discrimination based on ethnic origin. The Committee recalls that data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. The Committee notes that CERD expressed concern in its concluding observations regarding the lack of disaggregated data on minorities, including with respect to numerically smaller groups such as the Kists, Kurds, Jews, Greeks, and Assyrians, and recommended that following the census in 2012, the Government be able to provide disaggregated statistical data on ethnic minorities (ibid., paragraph 19). The Committee asks the Government to continue to provide information on measures taken to promote the employment of members of ethnic minorities in the public and private sectors, and their impact, including under the national concept for tolerance and civil integration and its action plan. The Committee also asks the Government to provide more detailed information on the programmes developed by the Ministry of Education and Science to improve ethnic minorities’ knowledge of the Georgian language, and the results achieved, including the number of graduates belonging to ethnic minorities and the extent to which they have obtained employment or advanced their career in the public service. Noting that a census will be held in 2012, the Committee hopes the Government will be able to collect disaggregated statistical data on the representation of ethnic minorities in the public and private sector, with a view to assessing the progress made in promoting equality of opportunity in employment and occupation of men and women belonging to ethnic minorities.

Equality of opportunity and treatment of men and women. The Committee notes that the Law on Gender Equality of 26 March 2010 established the Council for Gender Equality (section 12). The Committee notes that, under this law, the competence of the Council for Gender Equality includes developing and monitoring the implementation of an action plan on gender equality, proposing legislative amendments, and conducting studies on gender equality. The Committee also notes the Government’s indication that it approved the Action Plan on Gender Equality for 2011–13 on 5 May 2011 which aims to, inter alia, integrate the gender equality principle in economic and employment policies, increase public awareness on gender equality issues and eliminate stereotypical views of men and women’s role in society. The Committee asks the Government to provide information on any studies or awareness raising activities conducted by the Council for Gender Equality. The Committee further asks the Government to provide information on the specific measures taken under the Action Plan on Gender Equality for 2011–13, and the impact they have had, including with regard to women’s access to employment. Please provide up-to-date statistical data on men and women’s distribution in the labour market.

Article 5. Protective measures. The Committee notes the Decree No. 147 of 3 May 2007 of the Minister of Labour, Health and Social Protection, containing a list of “hard, hazardous and dangerous jobs”. The Committee also notes the Government’s indication that employment contracts of women performing hard, hazardous or dangerous jobs cannot be terminated in cases of pregnancy. The Committee notes that the Labour Code prohibits employers from concluding contracts with a pregnant woman or a nursing woman in hard, hazardous and dangerous jobs, as listed in Decree No. 147. The Committee considers that the restriction on women’s work should only cover maternity protection and should not extend to the recruitment and selection phases, which can in practice, create discriminatory refusals for women in accessing employment opportunities. The Committee asks the Government to provide further information on the justification for the high number of occupations from which pregnant women and nursing women are barred in Decree No. 147. The Committee further asks the Government to consider revising the prohibition contained in the Labour Code in section 4(5) in order to make it less restrictive for pregnant women and nursing women.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislative developments. The Committee notes with interest the adoption of the Law on Gender Equality on 26 March 2010, which promotes equality between women and men in a range of areas namely: employment; general, vocational and higher education; health care; social protection; family relations; access to information; and in the political sphere. Section 6 expressly prohibits both direct and indirect discrimination in employment, with a specific prohibition of sexual harassment. The Committee also notes that section 7 of the Law guarantees equal access to general, vocational and higher education, and obliges the State to ensure equal conditions in receiving general, vocational or higher education by women and men in all educational institutions “including participation in the implementation of educational and scientific processes”. The Committee asks the Government to provide information on the practical application of the Law on Gender Equality with respect to non-discrimination and equality between men and women in employment and occupation. The Committee also asks the Government to provide information on any cases dealt with by the courts or administrative bodies regarding the application of the Law on Gender Equality. Please also provide information on any measures taken to prevent and address sexual harassment in employment and occupation in practice.

Articles 1, 2 and 3 of the Convention. Prohibition of discrimination. The Committee had previously noted section 2(3) of the Labour Code, which prohibits discrimination “in employment relations”, and asked the Government to indicate whether the provision covered direct and indirect discrimination, and discrimination at the stage of recruitment and selection. The Committee notes the Government’s statement that section 2(3) of the Labour Code, prohibits both direct and indirect discrimination. The Committee also notes that the Government again states that the Georgian legislation protects the population from any kind of discrimination, referring to article 14 of the Constitution, sections 2(3) and (4) of the Labour Code, section 142 of the Penal Code, and non-discrimination provisions contained in a number of other laws. With respect to discrimination at the stage of recruitment and selection, the Committee notes the Government’s statement that the Georgian legislation does not need to be amended since, according to the Government, the Labour Code ensures adequate protection against any kind of discrimination in labour relations including recruitment and selection processes. The Committee further notes that the Government has no information concerning cases lodged before the court under the Labour Code. Noting that the Government again states that the legislation is intended to cover both direct and indirect discrimination in employment and occupation, including discrimination in respect of recruitment and selection, the Committee asks the Government to consider taking steps to clarify the existing non-discrimination provisions of the Labour Code by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation, including the recruitment and selection stage, and to provide information in this regard. The Committee also asks the Government to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general regarding the prohibition of direct and indirect discrimination in employment and occupation, and to provide information on any relevant cases addressing discrimination.

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

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

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of ethnic minorities. The Committee recalls its previous comments concerning the low representation of ethnic minorities in state institutions and public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affects their ability to enter into the labour market. The Committee notes the Government’s indication that the Zurab Jvania School of Public Administration was established in June 2005 in order to enhance the participation of ethnic minorities in the public sector. The Committee also notes the adoption by the Government of the national concept for tolerance and civic integration and its action plan on 8 May 2009. The action plan aims, inter alia, at ensuring effective protection from discrimination against ethnic minorities, supporting teaching of the state language, providing vocational training to ethnic minorities and encouraging their employment, including through the rehabilitation of vocational training centres in minority areas, as well as supporting involvement of members of minorities in the public sector. The Committee requests the Government to provide detailed information on the implementation of the measures to promote the employment of members of ethnic minorities in the public and the private sectors provided for under the national concept for tolerance and civic integration and its action plan. It also requests the Government to provide more detailed information on the Zurab Jvania School of Public Administration, including the number of graduates belonging to ethnic minorities and the extent to which they have obtained employment or advanced their career in the public service. Noting the Government’s indication that currently no statistical information regarding the national origin of citizens exists, the Committee stresses that with a view to assessing the progress made in promoting equality of opportunity in employment and occupation of men and women belonging to ethnic minorities, it is crucial that appropriate information and data on their position in the labour market is established and analysed, and requests the Government to provide information on the steps taken in this regard.

Equality of opportunity and treatment of men and women. The Committee notes that the Government has adopted a National Action Plan on Gender Equality for 2007–09. The Plan envisages the establishment of an inter-ministerial commission on gender equality, the creation of a legal framework for gender equality, awareness raising and public information, and measures to eliminate gender-related stereotypes. The Government also refers to the provisions of the Labour Code providing women with specific rights in relation to pregnancy and maternity. Among the 113,800 jobseekers that participated in the state programme “Vocational training and retraining” from December 2007 to April 2008, some 65 per cent were women. The Committee also notes the data provided concerning the percentage of women in “higher level positions” in nine public bodies, ranging from 65 per cent in the administration of the President and 22 per cent in the city hall of Tbilisi. The Committee requests the Government to provide information on the specific measures taken under the National Action Plan on Gender Equality and otherwise to promote gender equality in employment and occupation and the results achieved through such action, including with regard to strengthening the legal framework. The Committee also requests the Government to provide more detailed and updated statistical information on the participation of men and women in the labour market.

Sexual harassment. The Committee recalls that under the Convention, sexual harassment is considered to be a form of discrimination based on sex. It recalls that section 2(4) of the Labour Code provides as follows: “Direct or indirect oppression of a person, aimed at or causing creation of a harassing, hostile, humiliating, dignity harming or insulting environment, or creation of such conditions which directly or indirectly impair his/her state compared with other persons being in the analogous conditions shall be construed as discrimination”. The Committee notes that this provision does not explicitly address sexual harassment. The Committee also notes from the Government’s report that sections 137–141 of the Criminal Code deal with crimes such as rape, sexual abuse, coercion into sexual intercourse and other action of a sexual character, and similar crimes. The Committee considers that such provisions regarding crimes of a sexual nature are insufficient to address sexual harassment in the workplace, as sexual harassment includes a much broader range of behaviour or practices than those covered by the Penal Code. The Committee therefore requests the Government to amend the legislation to include provisions that more specifically define and prohibit sexual harassment in the workplace (both quid pro quo harassment and sexual harassment due to a hostile work environment), and to provide information on any progress made in this regard.

Article 5. Protective measures. The Committee recalls that section 4(5) of the new Labour Code prohibits the conclusion of employment agreements with pregnant or breastfeeding women when the work to be performed is deemed hard, hazardous and dangerous. The Committee asks the Government to clarify whether the employment contract of women performing hard, hazardous or dangerous work can be terminated in case of pregnancy. It also asks the Government to resend the translated version of Order 147/n of 3 May 2007, of the Minister of Labour, Health and Social Protection of Georgia, which contains a list of “hard, harmful and dangerous jobs”.

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

Articles 1, 2 and 3 of the Convention. Prohibition of discrimination. In its previous observation the Committee asked the Government whether the Labour Code’s prohibition of discrimination “in employment relations” (section 2(3)) covers discrimination at the stage of recruitment and selection and whether it covers direct and indirect discrimination. The Committee notes the Government’s statement that the Georgian legislation protects the population from any kind of discrimination, including “discrimination in employment and occupation processes”, referring to article 14 of the Constitution, section 2(3) of the Labour Code, and non-discrimination clauses contained in a number of other laws. The Government further states that indirect discrimination is prohibited by the Georgian legislation, inter alia, referring to section 142 of the Penal Code and section 2(4) of the Labour Code which addresses the issue of harassment. The Government has not explicitly confirmed whether section 2(3) of the Labour Code is interpreted as prohibiting indirect discrimination, although it generally states that in the absence of a legal definition of indirect discrimination, it is for the courts to deal with this matter on a case-by-case basis. However, the Government has no information on any discrimination cases lodged before the court under the Labour Code. Taking into account the Government’s statements that the legislation is meant to cover all forms of discrimination in employment and occupation, including discrimination in respect of recruitment and selection, as well as indirect discrimination, the Committee strongly recommends that the existing non-discrimination provisions of the Labour Code be amended: (i) to provide for a clear definition of direct and indirect discrimination; and (ii) to clarify that the prohibition of discrimination also applies to recruitment and selection, in accordance with the Convention. The Committee also asks the Government to provide information on the measures taken or envisaged to sensitize the judiciary, labour inspectors and the public regarding the prohibition of direct and indirect discrimination in employment and occupation. Please also provide copies of relevant court decisions.

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

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

Equality of opportunity and treatment of ethnic minorities. The Committee recalls its previous comments concerning the low representation of ethnic minorities in state institutions and public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affects their ability to enter into the labour market. It notes from the Government’s report that provisions relevant to the protection of national minorities are included in several legislative acts and that in 2005 the Government ratified the European Framework Convention for the Protection of National Minorities. The Committee also notes the Government’s indication that education, notably the study of the State’s language, will be among the priorities of its action towards national minorities. Nonetheless, the Government provided no information with respect to the concrete steps taken to promote and ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities. The Committee also notes that no details were supplied as regards the implementation and outcome of the action plan for 2003–05 aimed at strengthening protection of the rights and freedoms of various population groups of Georgia. According to the Government, statistical data on the number, occupation and rank of ethnic minorities working in the public and private sectors is not available. The Committee, therefore, requests the Government:

(a)   to supply detailed information on the specific measures taken to promote and ensure de facto equality of opportunity and treatment in employment and occupation of ethnic minorities;

(b)   to provide information on how the objective of improving the knowledge of the State’s language among members of national minorities is concretely pursued;

(c)   to take measures to assess the position of ethnic minorities in the private and public sectors, including through the collection and analysis of appropriate statistical data, and to supply information on the steps taken in this regard.

Gender equality in employment and occupation. The Committee notes from the Government’s report that during the period 2005–07 no programme aimed at promoting women’s employment was implemented. However, it also notes from the third periodic report submitted by the Government under the International Covenant on Civil and Political Rights to the Human Rights Committee in 2006 that a draft State Action Plan for Gender Equality was formulated, the aims of which included developing legislative tools promoting gender equality; introducing gender approaches in educational systems; and raising public awareness on gender issues (CCPR/C/GEO/3, 7 November 2006, paragraph 48). The Committee requests the Government to provide information on the adoption of the State Action Plan for Gender Equality and on any measures taken to promote gender equality in employment and occupation under the Plan. The Committee also requests the Government to provide full information on the specific measures taken to ensure equality of opportunity and treatment of women in the public service, as well as statistical information on their participation in higher level positions.

Protective measures. The Committee notes that section 4(5) of the new Labour Code prohibits the conclusion of employment agreements with pregnant or breastfeeding women when the work to be performed is deemed hard, hazardous and dangerous. The Committee also notes from the Government’s report that Order 147/n of 3 May 2007, of the Minister of Labour, Health and Social Protection of Georgia, contains a list of “hard, harmful and dangerous jobs”. It notes that the Order was elaborated in cooperation with trade unions and employers’ organizations. The Committee requests the Government to clarify the legal position of women employed in jobs considered to be hard, harmful and dangerous, in the event of pregnancy. The Committee also requests the Government to provide a copy of the Order 147/n of 3 May 2007 for the Committee’s review.

Sexual harassment. The Committee notes from the Government’s report that the legislation prohibits sexual violence and that, according to section 142 of the Criminal Code, any act infringing on people’s equality because sex is punishable by two years of imprisonment or one year of forced labour. Additionally, the Committee notes that under section 139 of the Criminal Code, “[c]oercion into sexual intercourse, homosexuality, lesbianism or other sexual contact under the threat of disclosing defamatory information or damaging property or by using one’s material, official or other dependency”, is similarly punished. The Committee further notes that under section 2(4) of the new Labour Code acts provoking a harassing, hostile, humiliating, dignity harming or insulting environment are to be deemed discriminatory. The Committee requests the Government to provide detailed information on the manner in which sections 139 and 142 of the Criminal Code are applied in practice, in particular whether they have been applied in cases involving sexual harassment in employment and occupation as defined in the 2002 general observation. Considering that criminal provisions concerning sexual offences may not cover all manifestations of sexual harassment at work, the Committee requests the Government to provide full information on the implementation of section 2(4) of the new Labour Code, including judicial decisions applying this provision with regard to sexual harassment in employment and occupation.

Vocational training and employment service. The Committee notes the adoption on 28 March 2007 of the Law on Vocational Education setting up the national vocational education system. According to section 7(1) of the Law, everyone has the right to receive education with a view to gaining the knowledge necessary to exercise a vocational activity. Additionally, under section 31, vocational centres are required to guarantee equal attitude towards students, irrespective of gender, ethnic and social belonging, origin, religious and political opinions, physical abilities and other grounds. The Committee notes that in 2006 11 vocational centres were created and the establishment of ten further centres was planned. The Committee further notes the Government’s indication that 58 per cent of the approximately 45,000 participants in the 2006 on-the-job vocational training programme were women. The Committee asks the Government to continue to supply information on the implementation of the Law on Vocational Education. The Committee also again asks the Government to provide information on the policies of the National Employment Service aimed at encouraging equal opportunity in access to vocational training and the outcomes of such policies. Further, the Committee reiterates its request to the Government to provide statistical information, disaggregated by sex and ethnic origin, on the number of students enrolled in these various training programmes, as well as the placement rates of students in the labour market upon completion of their training programmes.

Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the Law on Vocational Education was elaborated in 2005 with the involvement of the “governmental commission of the social partners in the vocational educational sphere”. The Committee requests the Government to continue to provide information on any measures taken in cooperation with the workers’ and employers’ organizations with a view to promoting equality at work, including clarifications as to the status and relevant activities of the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations.

Article 4 of the Convention. Measures affecting individuals suspected of activities prejudicial to state security. In the absence of a reply to the Committee’s previous comments, the Committee reiterates its request to the Government to supply information on the manner in which Article 4 of the Convention is applied, particularly information on the specific procedures establishing the right of appeal for the benefit of the persons excluded from employment and occupation on the basis of state security considerations.

Parts III–V of the report form. In the absence of any information provided, the Committee reiterates its request to the Government to provide information on the activities of the labour inspectorate and other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation. It also again asks the Government to include any other information that may enable the Committee to gain a general appreciation of the application of the Convention.

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

Legislative developments. Prohibition of discrimination. The Committee notes that the Labour Code adopted in 2006 provides in section 2(3) that “any type of discrimination due to race, colour, ethnic and social category, nationality, origin, property and position, residence, age, gender, sexual orientation, limited capability, membership in a religious or other union, family conditions, political or other opinions is prohibited in employment relations”. While noting that this provision covers all the grounds of discrimination listed in Article 1(1)(a) of the Convention, the Committee also notes that by referring to discrimination “in employment relations” it does not appear to prohibit discrimination that occurs during selection and recruitment, including job advertisements. Noting that under section 5(8) of the Labour Code the employer is not required to give reasons for his or her decision when a candidate is not hired, the Committee is concerned that this provision may effectively bar candidates from successfully bringing discrimination cases. The Committee recalls that, by ratifying the Convention, the Government has undertaken to address direct and indirect discrimination in respect to all aspects of employment and occupation, including access to employment and particular occupations (Article 1(3)). The Committee therefore requests the Government to provide the following information:

(i)    whether and how the Labour Code or any other legislation provides protection from discrimination with regard to access to employment and particular occupations, including discriminatory recruitment practices;

(ii)   whether section 2(3) of the Labour Code is intended to prohibit direct and indirect discrimination and to indicate whether consideration is being given to including definitions of direct and indirect discrimination into the legislation;

(iii) the procedures and mechanisms available to lodge complaints concerning discrimination in employment and occupation, including complaints to contest recruitment decisions that are allegedly discriminatory, and to provide information on any cases that may have been decided concerning sections 2(3) and 5(8) of the Labour Code.

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

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

1. Discrimination in employment and occupation on grounds other than sex. The Committee notes from the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/GEO/CO/3, 1 November 2005) that the representation of the different ethnic communities of the population in state institutions and in the public administration is disproportionately low. It also notes from the same conclusions the lack of sufficient knowledge of the Georgian language by minority groups and an absence of measures to remedy this situation or to increase the use of ethnic minority languages in the public administration. In this context, and in the absence of any further details regarding this issue in the Government’s report, the Committee hopes the Government will provide information on the manner in which equality of opportunity and treatment in employment and occupation is promoted on the grounds of the Convention other than sex (race, colour, religion, political opinion, national extraction and social origin). Please also provide detailed information on the implementation and outcomes of the plan of action to strengthen protection of the rights and freedoms of various population groups of Georgia for 2003-05, along with statistics showing the number, occupation and rank of ethnic minorities working in the public and private sector.

2. Sexual harassment. Noting that the Government has not supplied any information related to its 2002 general observation on sexual harassment, the Committee hopes that the Government will include information on this matter along with its next report.

3. Article 3(e). Vocational training. The Committee notes from the Government’s report that there is a developed network of vocational training in Georgia that is equally accessible to nationals and non-nationals alike and which includes 78 primary, 141 intermediate and 180 advanced professional training institutions. The Committee asks the Government to provide statistics, disaggregated by sex, on the number of students enrolled in these various training programmes, as well as the placement rates of students in the labour market upon completion of their studies. Please also provide information on the policies of the National Employment Service aimed at encouraging equal opportunity in access to vocational training and how equality is promoted in practice in these institutions.

4. Legislative protection from discrimination in employment and occupation. The Committee recalls from previous comment that the Employment Act only protects the unemployed from discrimination (section 5(d)) and that the Labour Code only protects against discrimination with respect to conditions of work (section 17(2)), the Committee requests the Government to provide information on: (1) whether the Employment Act and the Labour Code apply in both the public and the private sector; (2) whether it is considering amending these statutes to explicitly define and prohibit direct and indirect discrimination in all aspects of employment in accordance with Article 1 of the Convention; and (3) to provide information on how protection against discrimination is ensured in practice with respect to access to employment and occupation and vocational training, including with respect to non-citizens and stateless persons.

5. Discrimination on the basis of sex. The Committee noted in earlier comments the creation of a State Commission on the Elaboration of the State Policy for Women in Development Issues, a National Action Plan for the Advancement of Women and a national employment programme that included measures related to female employment. However, it noted that neither the Action Plan nor the employment programme had been implemented due to unfavourable social and economic conditions in the country. The Committee hopes that the Government will be in a position to provide information in its next report on the implementation of these initiatives and on the manner in which they promote equality of opportunity and treatment between men and women in employment and occupation. Please also provide information on the measures taken to combat discrimination in the public sector on the basis of sex.

6. Article 4. Measures affecting individuals suspected of activities prejudicial to state security. Please provide full information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons affected by this provision. Further, the Committee asks that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of political opinion.

7. Article 3(a). Cooperation with workers’ and employers’ organizations. With respect to the work of the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations, the Committee requests that the Government provide information on the activities or measures carried out by this body or any other body to promote the application of a national policy of non-discrimination in all fields of public and private employment.

8. Article 5. Protective measures. The Committee previously noted the protective measures under sections 156 and 157 of the Labour Code forbidding the employment of women, with some exceptions, in hard and hazardous occupations, underground work as well as night work. The Committee asks the Government to provide information on the prohibited industries, sectors, jobs and occupations anticipated by these provisions and the criteria used in their determination. Recalling its previous comment, the Committee invites the Government to consider the possibility of reviewing these provisions in consultation with the social partners and in particular with women workers in order to assess whether such restrictions on women’s employment are still necessary in view of the principle of equality, improvements in conditions of work and changing attitudes.

9. Parts III to V of the report form. The Committee requests the Government to provide information on the activities of the labour inspectorate and other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation. Please also include any other information that may enable the Committee to gain a general appreciation of the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its first report.

1. The Committee notes that section 1 of the Employment Act establishes that "the state policy in the field of employment shall be based on the following principles: (a) the ensuring of equal opportunities for all citizens of the Republic of Georgia regardless of the race, nationality, sex, attitude to religion, political convictions and the property status in realizing the right to labour […]"; section 17(2) of the Labour Code provides that "upon employment any direct or indirect restriction of human rights or granting any priority on account of race, colour of skin, language, sex, religion, political or other views, national, ethnic and social belonging, origin, property and legal status and residence is prohibited"; and section 5(d) of the Employment Act requires the State to guarantee to an unemployed person "protection from any form of discrimination in access to any profession and work, professional training, employment and selection of labour conditions", and, under paragraph (a) of the same section, "the right to make use of free professional training, retraining as well as professional advice". The Committee would be grateful if the Government would indicate whether the Labour Code and the Employment Act apply to both the public and private sectors. Noting that the Labour Code protects against discrimination only in conditions of work and that the Employment Act protects only the unemployed, please indicate the manner in which discrimination is prohibited in access to employment and occupation and to vocational training.

2. The Committee also notes that neither the Labour Code nor the Employment Act contains a definition of what constitutes discrimination. The Committee hopes that the Government in future will consider amending these laws to contain a definition of discrimination that prohibits direct and indirect discrimination in accordance with Article 1 of the Convention. Please also provide information on the manner in which non-citizens or stateless persons are protected against discrimination.

3. The Committee notes the concerns of the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) (A/54/38 of 1 July 1999, paragraphs 70-116) and the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.42 of 17 May 2000) over the number of women living in poverty, the increasing representation of women among the unemployed, the clustering of women in certain sectors of the labour market, the persistence of sex-role stereotypes in the labour market and the under-representation of women in the labour force, especially in the public service and in Parliament. The Committee notes that in February 1998 a State Commission on the Elaboration of the State Policy for Women in Development Issues was created with the purpose of "achieving gender equality in society" and of monitoring the implementation of the National Action Plan for the Advancement of Women 1998-2000, but by May 2000 the Action Plan had not been implemented. The Committee also notes that the Government had elaborated a national employment programme, which incorporated actions relating to female employment, but which, according to the Government, has not been implemented due to the unfavourable social and economic conditions in the country.

4. The Committee requests the Government to provide information on: (a) the current status of the National Action Plan for the Advancement of Women 1998-2000, including whether it has been implemented, and, if so, what results have been obtained in regard to employment and occupation; (b) the actions proposed in the national employment programme relating to the improvement of the situation of women in the labour market; and (c) the measures taken to combat direct and indirect discrimination and promote equal opportunity and treatment in the public sector.

5. Please provide information on the manner in which equality of opportunity and treatment in employment and occupation is promoted on grounds other than sex contained in the Convention (race, national extraction, colour, religion, social origin and political opinion).

6. The Committee notes the Government’s statement that the system of vocational training and guidance is completely paralysed at present owing to the budgetary and financial crisis in the country. The Committee hopes the Government will be in a position to provide information on the development of the vocational training and guidance systems in its next report, and on how equality is promoted in practice in these institutions.

7. Please provide information on the activities or measures that the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations is carrying out in order to promote the acceptance and observance of the principle of the Convention. Please indicate also whether there are any other advisory committees composed of representatives of employers’ and workers’ organizations, and other interested bodies, established for the purpose of promoting the application of a national policy of non-discrimination in all fields of public and private employment.

8. The Committee notes that section 156 of the Labour Code prohibits employers from hiring women for hard and hazardous occupations as well as underground work, with some exceptions. It also provides for procedures to establish these occupations and to determine the limits of weight that may be displaced by women. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in this provision and the criteria used to determine these. The Committee also notes that section 157 of the Labour Code prohibits the use of female labour in night work except for those fields of the national economy where it is caused by extraordinary need and allowed as a temporary event. The Committee invites the Government to consider the possibility of reviewing these provisions, in consultation with the social partners and in particular with women workers, to decide if it is still necessary to prohibit access of women to certain occupations, in view of the current technology, working conditions and mental attitudes. In undertaking this assessment, it also draws the Government’s attention to the provisions in this respect contained in: (a) the Protocol, 1990, to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176); and (c) the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

9. The Committee requests the Government to provide information on the activities of the labour inspectorate or other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation, including the number of inspections conducted, the number of violations detected, and the action taken.

10. The Committee requests the Government to provide information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons suspected of engaging in activities prejudicial to the security of the State.

11. Please include in the next report a copy of the Employment Act of 28 September 2001.