Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 52) sur les congés payés, 1936 - Géorgie (Ratification: 1993)

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

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

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

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