Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Private Employment Agencies Convention, 1997 (No. 181) - Georgia (Ratification: 2002)

The Committee takes note of the information contained in the Government’s report received in August 2006, and the information provided in reply to its previous direct request. The Committee notes that the law of Georgia on employment of 28 September 2001 was repealed on 4 July 2006, upon entry into force of the new Labour Code of Georgia. The Government reports that the Ministry of Labour, Health and Social Affairs was engaged in the elaboration of the procedures for the conduct of registered private employment agencies, which was due for completion in the fourth quarter of 2006. The Committee notes that, in light of the timing of the Government’s report and the changes in legislation, the Government was unable to reflect all changes in its report. Accordingly, the Committee requests the Government to report on the implications of the modification to the legislation implementing the Convention, and to address the following points.

1. Articles 3, 10, 11 and 12 of the Convention. Legal status and operation of private employment agencies. Investigations of complaints. Protections for the workers employed and responsibilities of user enterprises. The Government reports that the new regulatory instruments governing private employment agencies will be developed within the context of the elaboration of the procedures for the conduct of registered private employment agencies. The Government reports that its national legislation does not regulate employing workers in connection with making them available to a user enterprise. The Committee invites the Government to report on the progress made in the development of regulatory instruments governing the operation of private employment agencies and, in particular, the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies. Please also indicate the measures put in place to afford adequate protection to workers employed by private employment agencies, and to allocate responsibilities between private employment agencies and user enterprises in those areas set forth in Articles 11 and 12 of the Convention respectively. The Committee would welcome being able to examine more detailed information and statistics on the activities and corresponding results of private employment agencies in placing persons in employment.

2. Article 8. Migrant workers. The Committee notes that the adoption of the law of Georgia on labour migration has been temporarily postponed so as to give priority to the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the Migration for Employment Convention (Revised), 1949 (No. 97), and that preparations were under way to bring the national legislation into line with these Conventions. The Government reports that employment of migrants by private employment agencies is not regulated by national legislation. The Government does, however, report that an agreement on labour migration and welfare of Ukrainian and Georgian citizens was due to be reached in the near future. The Government reports that consultations on similar agreements are being held with the Russian Federation. The Committee requests that the Government report on progress made in the adoption of the new law on labour migration, and on measures taken to provide adequate protection for, and prevent abuses of, migrant workers recruited or placed in Georgia by private employment agencies. The Committee also requests more information on the provisions contained in the aforementioned bilateral agreements which prevent abuses and fraudulent practices in recruitment, placement and employment of migrant workers.

3. Article 13. Cooperation between the public employment service and private employment agencies. The Government reports that, with respect to specific issues of cooperation, the State Employment Agency and the Employers’ Association have signed a Mutual Understanding Memorandum in 2005. The Government reports that as jobseekers place a greater reliance upon the services of the State Employment Agency, there has been a greater inclination on the part of private employment agencies to cooperate with the State Employment Agency. This tendency is also attributed, in part, to the perfection of the State Employment Agency’s jobseekers database. The Government also reports that social partners cooperate with the State Employment Agency and the private agencies, and that labour market issues are being actively discussed under the auspices of the Governmental Commission on Social Partnership with particular regard to professional education. The Committee invites the Government to supply practical examples of cooperation between the public employment service and the private employment agencies, and the outcome of such cooperation.

[The Government is asked to reply in detail to the present comments in 2008.]