Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Géorgie (Ratification: 2002)

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.