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

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

The Committee notes the Government’s replies to its 2009 direct request. It further notes the remarks provided by the Georgian Trade Unions Confederation (GTUC), which were forwarded to the Government on 30 September 2010.

Articles 3 and 10 of the Convention and Part V of the report form. Legal status and operation of private employment agencies. Investigation of complaints. The Government indicates that according to section 54(d) of the 2006 Labour Code: “Private employment agency means any physical or legal person, which provides employment service to the unemployed (jobseeker)”. It further indicates that the National Agency of Public Registry under the Ministry of Justice is the existing authority responsible for company registration of all physical and legal entities and includes private employment agencies. This registry is obliged to ensure transparency and accessibility to the comprehensive database and has branches in all regions of the country. The GTUC confirms that the abovementioned provision of the Labour Code is the only legal regulation of private employment agencies in the country. The GTUC adds that no procedures exist to regulate the public monitoring of private employment agencies. The Committee notes that no progress has been made in adopting regulatory instruments governing the operation of private employment agencies in line with Article 3 of the Convention. The Committee hopes that in its next report the Government will indicate how it intends to govern the operation of private employment agencies, in full compliance with Article 3 of the Convention. It also requests the Government to include information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies (Article 10) and to provide statistics and information on the number of workers covered and placed by private employment agencies (Part V of the report form).

Articles 11 and 12. Protections for workers employed and responsibilities of user enterprises. The Government refers in general to the legislation which might ensure the protection prescribed in Articles 11 and 12 of the Convention. In this respect, the Committee wishes to highlight the need to have a clear legal framework in place to secure adequate protection in the areas enumerated in Articles 11 and 12 of the Convention. Given the particularities of working arrangements in which employees work for a user enterprise that assigns and supervises the execution of the work and the indeterminacy of responsibility, it is necessary for member States to address these particularities through measures that ensure that in each case effective responsibility is determined (see paragraph 313 of the 2010 General Survey on employment instruments). The Committee again requests the Government to report in detail on the measures taken to ensure adequate protection for workers employed by private employment agencies, and to allocate responsibilities between private employment agencies and user enterprises in each of the areas set forth in Articles 11 and 12 of the Convention.

Article 8. Migrant workers. The Government refers in general to guarantees through the Labour Code and Article 19 of the European Social Charter which provide for protection to migrant workers from any kind of discrimination. The Committee notes that the Government has started working on a bilateral agreement regarding circular labour migration with France for people with a vocational education or higher. It additionally indicates that 19 countries have expressed their readiness to start negotiations on similar agreements. The Committee requests the Government to provide further information in its next report on measures taken to provide for adequate protection for, and prevent abuses of, migrant workers recruited or placed in Georgia by private employment agencies. It again requests information on the provisions contained in the bilateral agreements, which prevent abuses and fraudulent practices in recruitment, placement and employment of migrant workers.

Article 13. Cooperation between public and private employment services. The Government indicates that as for the development of cooperation between public and private employment services, especially in the development of vocational education for employment, it works to further promote constructive tripartite cooperation and discuss labour and social-related issues including employment policy with social partners. The Committee refers to its comments on the application of Convention No. 88, and asks the Government to include in its next report information on the formulation, establishment and periodical review of conditions to promote cooperation between the public employment service and private employment agencies.

[The Government is asked to reply in detail to the present comments in 2013.]