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

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

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.

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

Legislative developments. The Committee previously noted the observations of the Georgian Trade Unions Confederation (GTUC) indicating that there were no licensing requirements for private employment agencies. The GTUC also indicated that it was common practice for agencies to charge fees to jobseekers amounting to one or two monthly wages. The Committee 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. It also requested information on the measures taken to monitor and sanction unauthorized fee-charging by private employment agencies. The Committee welcomes the information provided by the Government indicating 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, effective from 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. Additionally, section 11(2) of the Law on Labour Migration expressly prohibits the charging of fees.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Georgian Trade Unions Confederation (GTUC) received on 6 October 2015 and the Government’s response received on 27 November 2015.

Articles 3, 10 and 14 of the Convention. Legal status and operation of private employment agencies. Investigation of complaints. In its observations, the GTUC indicates that there is no regulation elaborated through consultations with the social partners and no licensing is required for private employment agencies. The Government indicates in its report that private employment agencies operating as part of the association of private employment agencies, the Employment Agency Association, fulfil the requirements of the Convention as far as reasonably practicable and carry out their activities in compliance with the legislation. The Committee requests 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. It also 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 activities of the Employment Agency Association in relation to matters covered by the Convention.

Articles 4, 11 and 12. Adequate protection and allocation of responsibilities. The GTUC indicates that private employment agencies, although operating as mediators in the sense of Article 1(1) (a) of the Convention, conclude agreements with legal entities depositing fees for service to the agencies. The agencies then transfer the remuneration to the employees. The GTUC is of the opinion that this could constitute a threat to the right to freedom of association and the right to bargain collectively, in accordance with Articles 4 and 11 of the Convention. The GTUC also regrets the insufficient monitoring over the protection of workers’ labour rights with regard to Articles 11 and 12 of the Convention. The Committee once again requests the Government to clarify whether private employment agencies become a party to the employment relationship in the sense of Article 1(1) (b), of the Convention and, if so, to provide the relevant information on each point of Articles 11 and 12 of the Convention. It also requests the Government to indicate how it is ensured that workers recruited or employed by private employment agencies are not denied the right to organize and the right to bargain collectively.

Article 6. Processing of personal data. The Government indicates that the Law on personal data protection regulates in general the collection, use, storage and safety standards for data. The GTUC is of the view that data available to private employment agencies is not protected as required under this provision of the Convention. The Committee requests the Government to provide further 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. Please also indicate how the processing of workers’ personal data is limited to matters related to the qualifications and professional experience of the workers concerned and any other directly relevant information.

Article 7. Fees and costs. The GTUC indicates that it is an established practice that agencies charge fees to jobseekers amounting to one or two monthly wages. The Government states that some agencies charge jobseekers for training courses in order to be eligible for a vacancy. This is to cover the training costs only and does not constitute a cost for mediation into employment. The Committee recalls that Article 7(1) of the Convention contains a general prohibition on the charging of fees or other costs, directly or indirectly, in whole or in part, to workers. While Article 7(2) does permit exceptions, the Committee stresses that making use of this provision is subject to: (a) consultation of the most representative organizations of employers and workers prior to their authorization; (b) transparency through the creation of an appropriate legal framework indicating that the authorization is limited to certain categories of workers, or specific types of services, and that it constitutes an explicit exception, and the complete disclosure of all fees and costs; (c) reporting to the ILO the reasons for making use of the exceptions (see General Survey concerning employment instruments, 2010, paragraph 334). The Committee requests the Government to indicate whether it has authorized any exceptions under paragraph 2 of Article 7 and, if so, to provide information on such exceptions and give the reasons therefore. If exceptions have not been authorized, the Committee requests the Government to provide information on the measures taken or envisaged to monitor and sanction unauthorized fee-charging by private employment agencies.

Article 8. Migrant workers. The Government indicates that on 1 November 2015, the Resolution “The rule of employment of labour immigrant (foreigner without permit for permanent residence in Georgia) with local employer and performance of paid labour activities” entered into force. The Resolution provides for main guarantees, rights and obligations of a labour immigrant during the period of employment and paid labour activities, defines bodies performing state governance in the sphere of labour migration and establishes mechanisms for their implementation. The Committee notes that negotiations for bilateral agreements with Austria, Greece, Qatar and Romania are in progress. The Committee requests the Government 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 information on the manner in which penalties are laid down against private employment agencies which engage in fraudulent practices and abuses. Please also continue to include information on the conclusion of bilateral agreements and on their effects.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates in its report on the Employment Service Convention, 1948 (No. 88), that, while no formal cooperation framework exists between the public employment service and private employment agencies, both sides can meet and exchange information as needed. The Committee once again requests the Government to provide information on the formulation, establishment and periodical review of conditions to promote cooperation between the public employment service and private employment agencies as well as on the measures envisaged to ensure the effective application of Article 13 of the Convention. It also requests the Government to provide further information on the cooperation of the Employment Agency Association with the public employment service.

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

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.

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

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.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

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

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.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.