Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report. It understands that the Labour Code currently in force is that of 28 June 1973, as amended until 1999. The Committee understands furthermore that a new Labour Code has been under examination for some time, and requests the Government to inform the Office of any progress achieved in finalizing this text. It requests the Government to provide information on the following points.

Article 6 of the Convention. The Committee notes that the Government refers in its report to the Immigration Act of 27 June 1993. Nevertheless, the Committee considers that this text is not relevant to the provisions of the present Convention. The Committee also notes the information contained in the report that, due to the increasing complexity of the process of migration for employment, it is increasingly urgent for the State to adopt legislation in this field and must lead to an increase in the share of organized legal migration. It notes that new legislation on migrant labour is being developed, in order to establish a system for the registration of migrant workers and to establish guarantees relating to social security protection at the workplace. The Committee requests that the Government inform the ILO of any legislative developments in this regard and to specify whether migration within the territory of Georgia is taken into account in the legislation being prepared, and to indicate whether this legislation sets out for workers who are obliged to live away from their homes, for the purposes of employment terms and conditions of employment that take into account their normal family needs.

Article 7. The Committee requests the Government to indicate the measures taken or envisaged, where labour resources of one area are used on a temporary basis for the benefit of another area, to encourage the transfer of part of the workers’ wages and savings from the area of labour utilization to the area of labour supply.

Articles 8 and 14, paragraph 3. The Committee requests the Government to indicate whether it has used, in one area of the country, the labour resources of a country under a different administration and, if so, to indicate whether it has entered into agreements with the competent authorities of the countries concerned for the purpose of regulating matters of common concern arising in connection with the application of the provisions of this Convention. The Committee requests the Government to indicate, in the event that such accords have been signed, whether on the one hand they provide migrant workers with the protection and benefits that are not less than those of workers resident in the area of labour utilization and, on the other hand, whether facilities have been provided enabling migrant workers to transfer part of their wages and savings to their homes, in accordance with Article 8, paragraphs 2 and 3, of the Convention. Furthermore, the Committee requests the Government to indicate whether laws or regulations provide for the granting to these workers of benefits in cash or in kind to meet any reasonable, personal or family expenses resulting from employment away from their homes, in accordance with Article 14, paragraph 3, of the Convention.

Article 9. The Committee requests the Government to indicate the measures taken to take into account the increase in the cost of living resulting from the change in residence of workers in cases where they and their families move from a low-cost to a higher-cost area for the purpose of employment.

Article 10. The Committee notes that section 76(1) of the Labour Code provides that the minimum wage rate shall be approved by the President of Georgia. It also notes the statement in the report that the President establishes the national minimum wage by decree after consultation with employers and trade unions. The Committee requests the Government to specify the laws and regulations applicable and to indicate the measures taken to encourage the fixing of minimum rates of wages by collective agreements freely negotiated between trade unions which are representative of the workers concerned and employers or employers’ organizations. The Committee also notes that section 76(2) of the Labour Code provides that the annual remuneration of an employee will not be lower than the minimum wage and that the institutions, enterprises and organizations, irrespective of their ownership or legal regime, shall respect the minimum wage. It also notes information in the report stating that the Presidential Decree fixing the minimum wage is published in the media and made available to all organizations and it requests the Government to indicate the applicable laws and regulations. The Committee also requests the Government to indicate the measures taken to enable workers to whom minimum rates are applicable and who, since they became applicable have been paid wages at less than these rates, to recover the amount due within a certain time limit, in conformity with the provisions of this Article of the Convention. Finally, the Committee takes this opportunity to draw the Government’s attention to Conventions Nos. 26, 99 and 131, as well as the Minimum Wage Fixing Recommendation, 1970 (No. 135), which cover minimum wage-fixing machinery and set out the basic principles in the matter.

Article 11, paragraphs 1 to 4, 7 and 8(c). The Committee notes that, due to budgetary and economic difficulties, debts and delays in the payment of wages are frequent. It requests the Government to indicate the measures taken or envisaged to ensure the regular payment of all wages, the establishment by employers of registers of wage payments, the issuing to workers of statements of wage payments as well as the reinforcement of the necessary supervision in this respect in accordance with Article 11, paragraph 1. The Committee requests the Government to indicate the measures taken to ensure that the direct payment of wages directly to the worker in legal tender is the normal applicable rule, in accordance with Article 11, paragraphs 2 and 3. The Committee also requests the Government to indicate the measures taken to prohibit the substitution of alcohol or other spirituous beverages for all or any part of wages, in accordance with Article 11, paragraph 4. The Committee notes that, in certain enterprises (in particular bakeries and food enterprises), part of wages may be paid in kind. In this respect the Committee requests the Government to indicate the measures taken to ensure that the products supplied in this manner are adequate and that their cash value is properly assessed in accordance with Article 11, paragraph 7. The Committee also requests the Government to indicate the measures taken to restrict the amounts deductible from wages in respect of supplies and services forming part of remuneration to the proper cash value thereof, in accordance with Article 11, paragraph 8(c). Finally, the Committee wishes to draw the Government’s attention to Convention No. 95 and Recommendation No. 85, which address, in detail, all the practical aspects of labour remuneration by endeavouring to provide full and effective protection for workers’ wages.

Article 12. The Committee notes that, according to section 125(1) of the Labour Code, the total amount of each deduction from wages cannot exceed 20 per cent or 50 per cent of the wages of a wage earner or salaried employee in the cases provided for by law. It requests the Government to indicate the measures taken to regulate the maximum amounts and manner of repayment of advances on wages, to limit the amount of advances which may be paid to a worker in consideration of his or her taking up employment and to clearly explain to the worker the amount of the advances permitted, as well as to make legally irrecoverable any advance in excess of the amount laid down by the competent authority and to ensure that any advance may not be recovered by the withholding of amounts of pay due to the worker at a later date, in accordance with the provisions of this Article of the Convention.

Article 13, paragraph 2. The Committee requests the Government to indicate the measures taken in both law and practice, to protect wage earners and independent producers against usury.

Article 15, paragraphs 1 and 3. The Committee notes that a process of reorganization and reform is undergoing basic vocational training. It notes that the Education Act of 1997 and the Basic Vocational Training Act of 1998 set out the goals and objectives in the field of education, with a view to establishing conditions for vocational training, education and social security of young persons, which improve the competitiveness of young persons on the labour market, as well as to improve the vocational training, retraining and the qualification levels of adults. It notes that an apprenticeship programme has been adopted by the above two Acts, which begins once compulsory education has been completed or at the age of 12 years with the authorization of the competent authorities. Furthermore, the Committee notes the statistics provided by the Government concerning the reduction in the number of vocational training institutions and students benefiting from apprenticeship programmes or vocational training, due to the economic difficulties. The Committee notes this information. It requests the Government to continue supplying information on the implementation of education and vocational training programmes in the context of the reforms undertaken and the current economic difficulties. The Committee also requests the Government to indicate the measures taken to prohibit the employment of children below the school-leaving age during school hours and in areas where educational facilities are provided on a scale adequate for the majority of school-age children.

Part V of the report form. The Committee requests the Government to provide in its next report, a general appreciation of the manner in which the Convention is applied in practice including for example, statistics, extracts from the reports of the inspection services, or information concerning the difficulties encountered in all aspects of social policy covered by the Convention.