Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 3, 10 and 14 of the Convention. Legal status and operation of private employment agencies. Investigation of complaints. Supervision, remedies and penalties. The Committee previously requested the Government to provide information on the measures taken to ensure that all private employment agencies operate within the conditions set out in Article 3 of the Convention and to indicate how their activities are supervised. The Government indicates in this regard that, in order to improve mechanisms established by labour migration legislation, amendments were made to the Law on Labour Migration. The Committee notes with interest that the legislative amendments, which entered into force in September 2023, provide for, inter alia, the mandatory certification of labour intermediary companies, the improvement of data collection and reporting on labour migration, and the establishment of a state monitoring system over the activities of labour intermediaries. The Government indicates that labour intermediaries must submit information on their activities performed during the calendar year to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs. The legislation includes fines for labour intermediaries that fail to submit an annual report to the Ministry. The Committee requests the Government to provide detailed information on the application of the legislative amendments made to the Law on Labour Migration by, for example, indicating the number of certified private employment agencies operating in Georgia and the manner in which their activities are supervised. It also once again requests the Government to provide information on the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies. Please also include information on the type and number of complaints received and how they were resolved, the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, as well as the remedies, including penalties, provided for and effectively applied in the event of violations.

Articles 4, 11 and 12. Adequate protection and allocation of responsibilities. In its previous comments, the Committee requested the Government to clarify whether private employment agencies become a party to the employment relationship within the meaning of Article 1(1)(b) of the Convention and, if so, to provide information on the application of Articles 11 and 12 of the Convention. The Committee notes with interest the Government’s indication that, as a result of the 2023 amendments to the Law on Labour Migration, the concept of a labour intermediary company was clarified and defined as a legal entity, an individual entrepreneur, or a branch of a foreign enterprise or of a non-commercial legal entity acting in the field of providing employment and/or assistance in the provision of employment abroad for citizens of Georgia or persons holding a permit for permanent residence in Georgia. It adds that three types of contracts must be signed in advance: (i) an employment contract (a written contract signed between a foreign employer and a labour intermediary); (ii) a contract for the assistance in the provision of employment (a written contract signed between a jobseeker and a labour intermediary); and (iii) a labour contract signed in Georgia between a worker and a foreign employer. The Government specifies that these contracts provide the minimum requirements that ensure transparency of the process and the protection of rights of workers recruited by a labour intermediary. More specifically, with regard to freedom of association, the Government indicates that everyone has the right to establish and join trade unions, in accordance with the Constitution of Georgia and national legislation, including the Law on Trade Unions. Consequently, the right of employees to freedom of association and collective bargaining is guaranteed, regardless of who is a party to the employment relationship. The Government further indicates that, during the reporting period, private employment agencies were not involved in collective labour disputes. Noting the 2023 legislative changes, the Committee requests the Government to confirm whether, in practice, private employment agencies may become a party to the employment relationship in the context of Georgian citizens working abroad for a foreign employer. It also requests the Government to clarify whether private employment agencies become a party to the employment relationship for persons working in Georgia, within the meaning of Article 1(1)(b) of the Convention, and, if so, to provide information on each of the items listed in Articles 11 and 12 of the Convention.

Article 6. Processing of personal data. The Government indicates that the protection of personal data within the employment relationship is a priority for the Personal Data Protection Service (PDPS) and refers to its new Law on Personal Data Protection, which was adopted in 2023. The Government specifies that the Law contributes to fulfilling Georgia's international obligations and brings its national legislation in the field of personal data protection closer to the European Union’s General Data Protection Regulation and other internationally recognized standards on data protection and privacy. During the 2019-22 reporting period, the authorities reviewed cases in which administrative offences were detected in the private sector, including violations of data processing principles and the failure to comply with data protection requirements. The Committee requests the Government to continue to provide information on the manner in which the processing of workers’ personal data by private employment agencies is done in a manner that protects this data and ensures respect for workers privacy, in accordance with national law and practice. It also requests the Government to provide updated information on the number and type of offences encountered and penalties imposed.

Article 7. Fees and costs. The Committee notes that section 11(2) of the Law on Labour Migration indicates that it is prohibited to charge any fees from persons under the contract signed for assistance in the provision of employment. The Government indicates that its legislation does not contain any exceptions, as provided for in Article 7(2) of the Convention. Noting that legislation specifically refers to the prohibition of charging fees, the Committee requests the Government to confirm whether there also applies to related costs potentially charged, either directly or indirectly, to workers by private employment agencies. The Committee also refers to its previous comments and requests the Government to indicate how it monitors and sanctions unauthorized fee-charging by private employment agencies.

Article 8. Migrant workers. The Government indicates that labour migration legislation imposes sanctions, including warnings and fines, on labour intermediary companies if they carry out their activities without certification, or if they fail to submit an annual report to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia. Moreover, amendments made in 2023 to the Law on Labour Migration provide for sanctions to local employers if they do not report a foreign worker employed in Georgia to this Ministry or do not comply with the terms of the labour contract. The Government adds that the most recent amendments made to the Law on Labour Migration increased the amounts of fines in case of non-compliance with the legislation. With respect to existing bilateral agreements on temporary labour migration, agreements and implementation protocols have been signed with four partner countries, namely Bulgaria, France, Germany and Israel. The Government indicates that the implementation of the bilateral agreements is proceeding smoothly. The Committee requests the Government to continue to provide information on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited in Georgia by private employment agencies. It also requests the Government to provide, where applicable, information on any sanctions, including fines, imposed on private employment agencies which engage in fraudulent practices and abuses. Please also continue to include information on the conclusion and implementation of bilateral agreements.

Article 13. Cooperation between the public employment service and private employment agencies. The Committee notes with interest the Government’s indication that one of the main objectives of the 2023 amendments to the Law on Labour Migration was the development of cooperation between the public employment service and private employment agencies. The Government specifies that cooperation mechanisms include supporting the development of the private sector in the field of temporary employment for citizens of Georgia abroad, resulting in an increased capacity to provide reliable and quality services to labour migrants and ensure the protection of their rights. The means of cooperation between the public employment service and private employment agencies include information-sharing meetings, targeted training, and the development and implementation of joint programmes. Referring to Paragraph 17 of Recommendation No. 188 accompanying the Convention which provides a list of the mutually beneficial cooperation areas between the public employment service and private employment agencies, the Committee requests the Government to provide updated information on the formulation, establishment and periodical review of conditions to promote cooperation between the public employment service and private employment agencies. It also requests the Government to provide information on the consultations held with the social partners in this regard and on the impact of the measures taken to promote and enhance cooperation.