Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Georgia (Ratification: 1997)

Parts I and II of the Convention. Improvement of standards of living. The Government reports that its policy is directed towards the creation of a social protection system that will reduce social risks due to poverty, ageing and disability. It further indicates that the system was revised in 2015 with the support of the World Bank and UNICEF, to introduce a new methodology of poverty assessment and assistance based on family income. The Committee notes that financial and non-financial measures such as the Targeted Social Assistance (TSA) Programme, social packages, the state compensation scheme and social services are provided for the most disadvantaged groups such as retired persons, persons with disabilities, children and other special groups. The Government refers to the UNICEF Population Welfare Survey, emphasizing that without the pension income they receive, poverty would rise sharply among pensioners and children. The Committee invites the Government to continue to provide detailed information on the impact of the implementation of social protection policies on the reduction of poverty and to provide information on the manner in which the improvement of standards of living has been regarded as the principal objective in the planning of economic development (Article 2). It also invites the Government to provide information on the measures taken to ensure conditions for independent producers and wage earners which will give them scope to improve living standards by their efforts and will ensure the maintenance of minimum standards of living (Article 5).

Part III. Migrant workers. The Government reports that the State Commission on Migration Issues (SCMI) has drafted and approved the Migration Strategy for 2016–2020. It further indicates that, in 2016, two interagency working groups were established within the SCMI and tasked with implementation of the Migration Strategy. The first working group on migrant integration designs and coordinates migrant integration activities in compliance with the Migration Strategy and its Action Plan; the second working group on Migration and Development focuses on utilization of the development potential of migration and improving coordination among the various state programmes in this area. The Committee notes that the state agencies work with international non-governmental organizations to achieve one of the eight goals of the Migration Strategy which is to facilitate circular migration and mobilize the diaspora and human resources investment potential. The Government indicates that on 1 November 2015 the Law on Labour Migration and Resolution No. 417 on “The rule of employment of labour immigrants (foreigners without a permit for permanent residence in Georgia) with local employers and the performance of paid labour activities” entered into force. The law provides a general framework for the exercise of the Government’s authority and defines issues, relations and entities in the field of labour migration. It further establishes financial sanctions for non-registered entities engaged in employment and/or facilitation of employment abroad. 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 in 2014, the Government of Georgia has signed a bilateral agreement on circular labour migration with the Government of France and negotiations for bilateral agreements with Israel, Greece, Romania, Austria, Poland and Qatar are in progress. The Committee requests the Government to provide information on the impact of the implementation of the Migration Strategy for 2016–2020 on the living and employment conditions of migrant workers (Articles 6–9 and 14(3) of the Convention) and on mobilizing the investment and human resources potential of the diaspora. It also requests the Government to provide information on the penalties imposed on unregistered employment agencies that engage in fraudulent practices. The Government is also requested to supply information on the conclusion of bilateral agreements and their effects on migration.

Part IV. Minimum wages and proper payment. The Government reports that the working group established under the Tripartite Social Partnership Commission (TSPC) is currently discussing minimum wage issues following the adoption of the Human Rights and Civil Integration Committee’s 2017–2018 Action Plan. The Committee notes that the minimum wages in the private and public sectors have remained unchanged since 1999 (Decree No. 351 of the President of Georgia on the minimum wage of 4 June 1999). It further notes that the Labour Code does not set a minimum wage and that the form and amount of wages are subject to agreements between employees and employers (Article 31). The Committee draws the Government’s attention to the resolution adopted by the International Labour Conference (ILC) at its 48th Session in 1964, which emphasizes that, in order to bring about balanced economic expansion and social progress … adequate minimum standards of living should be ensured through the establishment of a dynamic minimum wage level and a dynamic level of social security measures adjusted periodically to take full account of economic growth and to have due regard to increases in the cost of living” (paragraph 2). The Committee requests the Government to keep the Office informed on the progress made by the TSPC working group with regard to the minimum wage and to provide information on any measures taken or envisaged to incorporate the provisions on minimum wages into the Labour Code. It also requests the Government to provide specific information on the manner in which the necessary supervision concerning the proper payment of all wages earned, is assured (Article 11). Furthermore, the Government is requested to indicate the measures taken to ensure that the payment of wages to the worker is made in legal tender (Article 11(2 and 3)); to forbid the substitution of wages with alcohol or other spirits and payment of wages in taverns or stores except to workers employed therein (Article 11(4 and 5)); to ensure the regular payment of wages (Article 11(6)); and to prevent any unauthorized deductions from wages (Article 11(8)). The Committee trusts that the Government will take the necessary measures in the near future, in consultation with the most representative workers’ and employers’ organizations, to adopt adequate legislative provisions on the minimum wage and the proper payment of all wages.

Article 12. Advances on wages. The Committee refers to its previous comments and once again requests the Government to indicate whether and to what extent advances may be made to a worker.

Article 13. Protection against usury. The Government indicates that the Agro-Credit Programme was launched in 2013 to provide long-term and preferential financial resources to farmers and entrepreneurs engaged in agricultural production. The Committee notes that the Government co-finances the interest rate, which may vary from 10 per cent to 12 per cent, in short and medium-term loans granted to farmers and entrepreneurs in the agriculture sector. It further notes that since 2013, 18,885 loans have been granted to beneficiaries (3,757 legal entities and 15,989 private individuals), with an average interest rate between 0 per cent and 5 per cent. The Committee requests the Government to provide updated detailed information on measures taken or envisaged to protect wage earners against usury (Article 13(2)).