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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.]
The Committee notes the Government’s report received in September 2008 including the replies to its 2007 direct request and the observations made by the Georgian Trade Unions Confederation (GTUC). The Committee also notes the Government’s reply thereto of November 2008.
1. 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 Committee notes the Government’s information concerning newly established programmes aimed at reducing unemployment and creating jobs, which are implemented by the recently created Social Subsidies Agency, the successor of the State Employment Agency. It further notes that the Social Subsidies Agency, which is supervised by the Ministry of Labour, Health and Social Affairs, the Ministry of Economic Development and the Ministry of Education and Science, was going to start a register of private employment agencies. The Government further reported that a draft order had been elaborated to improve the regulatory instruments governing the operation of private employment agencies and required private employment agencies to inform the Social Subsidies Agency as soon as they start operating. The GTUC reported that practically no private employment agencies existed in Georgia. The GTUC further observed that no legislation regulating private employment agencies was in place and that the state registry of private agencies had not been established. Accordingly, the Committee requests the Government to provide information on the progress made in amending regulatory instruments governing the operation of private employment agencies (Article 3). In this regard, the Committee also requests the Government to provide information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies (Article 10). Please also provide, if already available, statistics and information on the number of workers covered, and placed by private employment agencies (Part V of the report form).
2. Articles 11 and 12. Protections for workers employed and responsibilities of user enterprises. In its last report, the Government indicated that while national legislation did not regulate employing workers in connection with making them available to a user enterprise, new regulatory instruments governing private employment agencies were developed. The Committee therefore again invites the Government to report on the progress made in the development of 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.
3. Article 8. Migrant workers. In reply to previous comments, the Government reports that the national legislative framework, in particular the Constitution, the Law on the Legal Status of Foreigners and the Labour Code, would sufficiently protect migrant workers by providing them equal rights and guarantees and that therefore the draft law on labour migration had not been adopted. The Committee requests the Government to provide information 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.
4. Article 13. Cooperation between public and private employment services. The Government reports that the Rule and Form for State Register of Private Employment Agencies will, when adopted, allow the Social Subsidies Agency to obtain more detailed information on private employment agencies and further enhance its cooperation with private employment agencies. It further reports that the Development of Professional Training Programme and the Infrastructure Professional Education for Employment were conducted in close and effective cooperation between the Government and private employment agencies. The Committee invites 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 – particularly on the adoption process of the new rules for private employment agencies and to provide practical information on the outcome of the initiatives taken to develop cooperation between the public and private employment services, especially on the Development of Professional Training Programme and the Infrastructure Professional Education for Employment.
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.]
1. The Committee notes the Government’s first report on the application of the Convention. It further notes the comments of the Georgian Trade Unions Amalgamation, which were received in September 2004, indicating that current legislation does not provide for a system of licensing, which results in a lack of government supervision over private employment agencies. The Committee notes that a system of registration is in place and that 11 private employment agencies have been registered. The Government reports however that 25 private employment agencies have not applied for registration as they are obliged to do under the law and that punitive sanctions are being applied. The Committee requests information on the steps taken to ensure compliance as requested by Article 3, paragraph 2, and Articles 10 and 14 of the Convention.
2. Article 8 of the Convention. The Government states that private employment agencies are required to report their activities to the State Employment Service and failure to do so results in a fine. It also reports that at present, however, adequate mechanisms are not in place to supervise the activities of the private employment agencies in respect of migrant workers but a draft law on labour migration has been prepared to address this issue. In addition, bilateral agreements with Belgium, Italy, Norway and Ukraine are presently under way. The Committee would like to be kept informed on the progress of the draft law on labour migration to provide adequate protection for and prevent abuses of migrant workers recruited or placed in the territory of the Republic of Georgia by private employment agencies. Please also provide further information on the conclusion of bilateral agreements to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.
3. Article 11. The Committee notes that a private employment agency might provide services in order to hire workers with a view to subsequently hiring them out to a third party. As indicated in section 31(1)(b) of the Employment Act, in such cases, the private employment agency commissions work and ensure that the commission is carried out. The Committee understands that, in this case, the private employment agency operates as described in Article 1, paragraph 1(b), of the Convention. It therefore requests the Government to clarify the measures taken under the national legislation to ensure protection for workers in the areas described in Article 11 of the Convention.
4. Article 12. The Government refers, in its report, to the information provided for Article 11 of the Convention. The Committee invites the Government to further clarify the way in which responsibilities are allocated between the private employment agencies and the user enterprises (as defined by section 1(1)(b) of the Employment Act) in the areas described in Article 12 of the Convention.
5. Article 13, paragraph 1. The Government states that, under section 31(3) of the Employment Act, private employment agencies and the State Employment Service shall coordinate their activities and policies, but concedes that actual cooperation does not exist. The Committee notes that part of the problem is the failure of private employment agencies to provide information as required by law on a regular basis. It would like to receive information on measures taken or envisaged to encourage cooperation between private and public employment services and to enforce consultations with employers’ and workers’ organization to review conditions to promote cooperation.