Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the Government’s report received in September 2013 which includes information in reply to the 2010 direct request. It notes that a preliminary draft version of the employment law, which will regulate private employment agencies, has been prepared. It also notes that a draft version of the labour migration law has been prepared. The Committee invites the Government to take into account its comments on the application of the Convention in its ongoing legislative reforms and to include in its next report information on the impact of legislative developments with respect to the issues raised in this direct request.

Articles 3 and 10 of the Convention. Legal status and operation of private employment agencies. Investigation of complaints. The Committee notes once again 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 Government hopes that the draft employment law will be discussed in the near future. The Government indicates that several types of agencies are described as “private employment agencies”, some of which are united under the Employment Agency Association. The Association aims to implement standards in the employment field, provide assistance to jobseekers and provide information about work and study possibilities in Georgia and abroad. The Committee notes that the Association signed a Code of Ethics and Professional Conduct in September 2011. Moreover, the Government indicates that statistical information from these agencies is impossible to collect because they only conduct intermediary work and most of them do not make follow-up surveys. Consequently, most agencies do not have numbers concerning the number of jobseekers they have served and how many have become employed. The Committee once again 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). The Committee also invites the Government to provide further information on the activities of the Employment Agency Association in relation to matters covered by the Convention.

Articles 11 and 12. Protection for workers employed and responsibilities of user enterprises. The Government indicates that Georgian legislation ensures the protection of rights by all legal entities, including private employment agencies. The Committee recalls that, 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 2010 General Survey concerning employment instruments, paragraph 313). The Committee invites the Government to clarify in its next report whether private employment agencies become a party to the employment relationship and, if so, to provide the relevant information requested in the report form under Articles 11 and 12 of the Convention.

Article 8. Migrant workers. The Government indicates that national legislation guarantees equal rights for both residents and non-residents for employment in Georgia. It adds that negotiations between Georgia and France with regard to a bilateral agreement on circular labour migration have been completed and that it should be signed in the near future. The aim of the agreement is to enable young people wishing to enhance their professional knowledge and skills to work in their profession in France. The agreement will cover people with higher education and vocational education. In addition, 19 other countries expressed their interest to start negotiations on a similar agreement. The Committee invites the Government to continue to provide information in its next report on the impact of the measures taken to provide adequate protection for and prevent abuses of migrant workers recruited or placed by private employment agencies (Article 8(1)) of the Convention. It also invites the Government to provide information on the manner in which penalties are laid down against agencies covered by the Convention which engage in fraudulent practices and abuses. Please also indicate whether any other bilateral agreements have been concluded (Article 8(2)).

Article 13. Cooperation between public and private employment services. With respect to the development of cooperation between public and private employment services, especially in vocational education for employment, the Government reiterates that it works to further promote constructive tripartite cooperation and discuss labour and social-related issues including employment policy with the social partners. The Government adds that the draft employment law will regulate relations between public and private employment agencies. Moreover, the Committee notes that the Employment Agency Association offers a platform of cooperation for human resources directors of local and international companies and initiates new projects together with them to support employment in Georgia. The Committee requests 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. It also invites the Government to provide further information on the cooperation of the Employment Agency Association with the public employment service.