Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las agencias de empleo privadas, 1997 (núm. 181) - Georgia (Ratificación : 2002)

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.