Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

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

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.