Texts of pending comments

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC), received on 20 September 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Committee welcomes the Government’s first report on the application of the Convention. It notes the Government’s indication that the Organic Law of Georgia (the “Georgian Labour Code”) established the Tripartite Social Partnership Commission (TSPC). The TSPC is composed of three parties – the Government, employers’ and workers’ organizations operating in the various sectors – with six members in each party. Each employers’ and workers’ organization that is a party to the TSPC selects its own representatives. The Government reports that, for purposes of the Convention, the representative organizations in Georgia are the GTUC and the Georgian Employers Association (GEA). It adds that recent amendments to the Georgian Labour Code adopted on 29 September 2020 empowered the TSPC to set up permanent or temporary sub-committees and working groups to review specific issues. In this context, the Committee notes with interest that, in 2020, following the adoption of a decree issued by the Minister of Internally Displaced Persons (IDPs) from the Occupied Territories, Labour, Health and Social Affairs, a special tripartite permanent sub-committee was created within the TSPC to hold tripartite consultations on issues related to international labour standards. The sub-committee is composed of representatives of the Ministry of Labour, the GTUC and the GEA. The Committee nevertheless notes the Government’s indication that the special tripartite sub-committee, which was established at the end of 2020, has not yet been able to meet due to pandemic-related restrictions. The Committee further notes the observations of the GTUC, in which it indicates that the TSPC is actually inactive and has not met at regular intervals despite the workers’ organizations formal requests. The GTUC adds that, as a result, the workers’ organizations raised issues in the TSPC action plan for 2020-2022 that include the possible ratification of a number of ILO Conventions: the Occupational Safety and Health Convention, 1981 (No. 155); the Labour Inspection Convention, 1947 (No. 81); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Social Security (Minimum Standards) Convention, 1952 (No. 102); the Workers with Family Responsibilities Convention, 1981 (No. 156); the Safety and Health in Mines Convention, 1995 (No. 176); the Maternity Protection Convention, 2000 (No. 183); and the Violence and Harassment Convention, 2019 (No. 190). The GTUC maintains in its observations that the Government has not ensured tripartite consultations on the review of non-ratified conventions and recommendations to which effect has not yet been given, as required by Article 5(1)(c) of the Convention. In addition, the GTUC indicates that there is only one sectoral agreement in place in the country and collective agreements exist in only 59 enterprises, covering 105,098 employees. It expresses the view that the absence of collective agreements points to the underdevelopment of social dialogue in the country. The GTUC considers that, despite Georgia’s ratification of the Convention in 2018, which requires commitment to strengthening tripartite negotiations and social dialogue, in practice, nothing has changed in this respect. It also observes that the special tripartite permanent sub-committee set up in 2020 to examine matters related to international labour standards has never met. The Committee requests the Government to take all necessary measures without delay to ensure that the special tripartite permanent sub-committee of the Tripartite Social Partnership Commission meets to hold tripartite consultations for purposes of the Convention at appropriate intervals fixed by agreement, or at least once a year, on issues related to international labour standards and to provide detailed information on the frequency, content and outcome of tripartite consultations held on each of the matters relating to international labour standards covered by the Convention, including: questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); proposals to be made in connection with the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee further requests the Government to provide detailed updated information concerning tripartite consultation in respect of the unratified instruments listed by the workers’ organizations under the 2020-2022 TSPC action plan. The Government is also requested to provide detailed information on the manner in which the views expressed by representative workers’ and employers’ organizations on the operation of the consultations required by the Convention are taken into account.

Article 4(2). Financing of training on consultative procedures.The Committee notes that the Government’s report does not provide information on arrangements made for the funding of training required by the participants on the consultative procedures. The Committee therefore requests the Government to provide information on arrangements made for the financing of any necessary training for participants on the consultative procedures, as contemplated by the Convention.

Article 6. Annual report. The Government reiterates that the special tripartite sub-committee responsible for consultations on issues related to international labour standards has not yet met. It indicates that annual reports will be available by the end of the year. The Committee requests the Government to provide copies of annual reports on the working of the procedures provided for under the Convention once they become available.

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 20 September 2021 referring to the certain matters addressed by the Committee below and raising other concerns examined under the observation pertaining to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) .

Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee, while welcoming the amendment of section 2(9) of the Law on Trade Unions, which lowered the minimum membership requirement for establishing a trade union from 100 to 50, expressed the hope that the Government would pursue, in consultation with the social partners, efforts to assess the law’s impact and would take the necessary measures to amend the law if it was found that the new minimum number required still hindered the establishment of trade unions in small and medium-sized enterprises. The Committee notes with satisfaction the Government’s indication that section 2(9) of the Law on Trade Unions was amended on 29 September 2020 so as to further lower the minimum membership requirement for establishing a trade union to 25. The Committee notes with interest the GTUC indication that trade unions participated in the reform.

Article 3. Right of workers’ organizations to freely organize their activities and formulate their programmes. The Committee had previously requested the Government to amend section 51(2) of the Labour Code according to which, the right to strike was prohibited in services connected with the safety of human life and health or if the activity “cannot be suspended due to the type of technological process”, as well as Order No. 01-43/N of 6 December 2013, which determined the list of services connected with the life, safety and health (pursuant to section 51(2) of the Code) and included services which did not constitute essential services in the strict sense of the term (radio, television, municipal cleaning services, oil and gas extraction, production, oil refining and gas processing). The Committee notes with satisfaction that following the 2020 amendment of the Labour Code and adoption, on 7 September 2021, of the Order on Approval of the List of Essential Services, which replaced the Order of 2013, employees working for essential service providers may exercise the right to strike if they ensure that a minimum service is provided to meet the users’ basic needs and ensure that the service in question operates safely and without interruption (section 66 of the Labour Code, replacing the regulation of essential services formerly contained in section 51(2)). The Committee notes that services listed in the new Order are either essential services in the strict sense of the term or services of fundament importance in relation to which a minimum service may be established. The Committee notes that according to the new Order, the organization of the minimum service and related subjects (including the minimum number of workers providing the service) should be negotiated and agreed between the subjects of collective labour dispute and that any disagreement should be settled by the court. The Committee further notes that pursuant to section 66 of the Labour Code, the limits of a minimum service shall be determined by the Minister after consulting social partners and that in determining the limits of a minimum service, the Minister shall only take into account the work processes that are necessary for the protection of the life, personal safety, or health of society-at-large or a certain part of society.

The Committee had also previously requested the Government to review section 50(1) of the Labour Code according to which courts could postpone or suspend a strike for no more than 30 days if there existed a danger to the life or health of people, environmental safety or a third party’s property as well as to activities of vital importance, and to indicate any use of this provision as relates to the suspension of a strike due to a danger to third-party property. The Committee notes with satisfaction that as a result of the amendments introduced in 2020, the reference to a third party’s property has been deleted (section 65 of the Labour Code).

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 20 September 2021, which refer to the matters raised by the Committee below.

The Committee notes that the Labour Code has been revised in 2020.

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that in its previous comments it had raised questions regarding the protection against anti-union discrimination at the time of hiring, as well as in cases of non-renewal of employment contracts.

The Committee notes the Government’s indication that in 2019, changes were made to the Law on Elimination of All Forms of Discrimination. According to the Government, new provisions, pursuant to which, the principle of equal treatment, which expressly applies to members of trade unions and covers trade union activities, shall apply to labour and pre-contractual relations, were added to the Law; similar provisions were included in the Labour Code. The Government further indicates that through the amendments introduced to the Law on the Public Defender in 2020, the mandate of the Ombudsman in cases of discrimination was extended. The Committee notes the detailed information provided by the Government on the extended mandate of the Public Defender in alleged cases of discrimination, including anti-union discrimination. The Committee welcomes the new legislative amendments. In particular, it notes with satisfaction section 7 of the Labour Code as amended, according to which, where a job candidate or employee alleges facts and/or circumstances which give rise to a reasonable belief that an employer has violated the prohibition against discrimination, the burden of proof shall rest with the employer. The Committee also notes with interest sections 77 and 78 of the Labour Code, pursuant to which, any violation by an employer of the provisions prohibiting discrimination shall result in either a warning or a fine in a threefold amount provided for the violation of other provisions of the Labour Code; if the same act is committed again within one calendar year, the amount of the fine doubles. The Committee also notes with interest that by virtue of sections 5 and 47 of the Labour Code, the prohibition of anti-union discriminations also covers termination of employment due to the expiration of an employment contract. While noting with interest that section 48 of the Labour Code imposes an obligation on an employer, upon request by an employee, to substantiate in writing the grounds for terminating employment, the Committee understands that this obligation does not apply to cases of non-renewal of a contract. The Committee takes note of the information provided by the Government on the number of cases of anti-union discrimination examined. The Committee requests the Government to provide information on the application in practice of the amended legislative provisions, including on the number of complaints of anti-union discrimination at the time of hiring and non-renewal of employment contracts and the fine imposed and their amounts.

Article 2. Interference by employers in internal trade union affairs. In its previous comments, recalling the need for the legislation to make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions for acts of interference against workers’ and employers’ organizations, the Committee had requested the Government to indicate the provisions providing for the remedies and/or sanctions for violation of (previous) section 40.3 of the Labour Code and section 5 of the Law on Trade Unions, which prohibited all forms of interference and provided for independence of trade union organizations from employers and their organizations. The Committee had requested the Government to provide any administrative or judicial decision in this respect.

The Committee notes the Government’s indication that pursuant to section 26 of the Law on Trade Unions, cases of violation of trade union rights shall be considered by courts and that pursuant to section 27(2) of that Law, trade unions and their associations, as well as trade union members have the right to file claims or complaints with a court in cases of violation of the legislation, or fail to fulfil obligations set out in collective agreements. In addition, section 166 of the Criminal Code provides for liability for unlawful interference with the establishment of public associations or with their activities committed with violence, threat of violence or the use of official position, and punishes such acts by a fine or corrective labour for a term of up to one year or house arrest for a term of six months to two years, or by imprisonment for a term of up to two years. The Committee also notes the fines provided for in above-mentioned section 77 for the violation of the provisions of the Labour Code, including its new section 54, which prohibits interference in the activities of employers’ associations and employees’ associations in each other’s activities. The Committee notes the Government’s indication that during the reporting period, the courts of Georgia did not consider any cases of alleged interference. The Committee requests the Government to keep providing information in this regard.

The Committee recalls that it had previously expressed the hope that steps would be taken by the Government to ensure that compliance with the rights enshrined in the Convention was subject to monitoring by the public authorities. The Committee notes with interest sections 75 and 76 of the Labour Code as amended, which designate the Labour Inspection Service as the body responsible for State supervision over compliance with the labour legislation.

Article 4. Promotion of collective bargaining. The Committee had previously requested the Government to provide information on any progress made towards strengthening the labour administration and institutionalizing social dialogue and in particular on the adoption of the amendment of Decree N301 on Labour Dispute Settlement Procedures, in consultation with the social partners. The Committee notes the information provided by the Government on the number of conciliation procedures during the reporting period and their success rate, as well as on the training of 15 participants on collective bargaining disputes. In the absence of information regarding the adoption of the amendment of Decree N301, the Committee requests the Government to provide information on the developments in this regard.

The Committee had also requested the Government to provide information on all progress made in ensuring that the content of section 48(5) of the Labour Code, which provided that at any stage of a dispute, the Minister can terminate conciliatory procedures, promoted the negotiated resolution of collective labour disputes. The Committee notes that section 63(5) of the amended Labour Code is to the same effect. It further notes the Government’s explanation that the right of the Minister to terminate the conciliation procedures is a consequence of his or her right to appoint a dispute mediator and to commence conciliatory procedures. The Committee notes that the GTUC raises several concerns regarding the right of the Minister to terminate conciliatory procedures without regard to the opinion of the parties to the dispute. The Committee requests the Government to take the necessary steps, in consultation with the social partners, to review section 63(5) of the Labour Code so as to ensure that it promotes the negotiated resolution of collective labour disputes. It requests the Government to provide information on all developments in this regard.

The Committee notes the information provided by the Government on the number of collective agreements in force and workers covered. It requests the Government to continue providing such information in its reports. The Committee also requests the Government to provide its comments on the alleged by the GTUC violations of collective bargaining rights at a number of enterprises.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government as well as on the basis of the information at its disposal in 2019.

The Committee takes note of the observations received from the Georgian Trade Unions Confederation (GTUC) on 2 October 2020.

Articles 1 and 2 of the Convention. Implementation of an active employment policy in coordination with poverty reduction. The Committee notes the Government’s response to its previous comments. In particular, the Committee notes the comprehensive statistics provided by the Government in its reports on the implementation of the State Programme for Employment Promotion Service Development 2016–18 and the State Programme for Professional Training and Retraining and Qualification Upgrading of Job Seekers. The Committee also notes with interest that the Government has developed, with the support of the Office, the National Strategy for Labour and Employment (NSLEP) 2019–23 and its Action Plan 2019–21, which sets out a vision for systemic and strategic reforms, as well as for a series of labour and employment measures to be implemented over the course of the next 5 years. The Government reports that the NSLEP 2019–23 focusses on improving active labour market policies and employment services, with particular attention to promoting equal participation in the labour market. In this regard, Goal 3 of the NSLEP 2019-23 is to promote the involvement of women and specific disadvantaged groups in the labour market through targeted social and inclusive employment policies. The Government also refers to the adoption of the Law on Employment Promotion of 1 July 2020, which regulates, inter alia, the work of state institutions related to employment promotion. According to the observations of the GTUC, Georgia is still facing high unemployment rates, including high rates of youth unemployment and other challenges, such as income inequality, high poverty rates linked to unemployment and high numbers of self-employed persons. The latter often have such low levels of income that they do not consider themselves as “employed”. The Committee notes, according to the National Statistics Office of Georgia (GEOSTAT) publication “Indicators of the Labour Force (Employment and Unemployment)”, 2021, the overall employment rate was 42.1 per cent in the fourth quarter of 2019, compared to 39.8 per cent in the fourth quarter of 2020. The overall unemployment rate in the country for the fourth quarter of 2019 was 16.6, rising to 20.4 per cent in the fourth quarter of 2020. The Committee requests the Government to provide detailed information on the nature and impact of the measures taken in the implementation of the NSLEP 2019–23 and its Action Plan 2019–21, to tackle the challenges identified in the labour market, including statistics on employment, unemployment and poverty rates, disaggregated by age and sex.

Impact of COVID-19. The Committee notes the measures taken by the Government to mitigate the impacts of the pandemic, including the provision of temporary unemployment benefits for private sector formal wage workers and self-employed persons, as well as disadvantaged groups. In this respect, the GTUC observes that the lack of flexible jobs in the country has contributed to the unemployment rate during the pandemic. The Committee requests the Government to provide further information, on the impact of the response and recovery measures taken to promote inclusive and sustainable employment during the pandemic, including information on the challenges encountered and lessons learned.

Regional development. The Committee previously requested information on the impact of various government programmes for regional development. The Committee notes the observations of the GTUC, which refer to low productivity in the agricultural sector (8 per cent of GDP is attributed to 38 per cent of the employed population) and emphasizes the need for training and retraining programmes for agricultural workers. The Committee further notes the statistics provided by the Government, including in respect of 1,900 projects completed through the Village Support Programme, as well as the establishment of seven new vocational educational institutions and ten new municipalities added to the existing network, in the context of vocational training and education reforms to improve geographical access and municipal coverage. In response to the Committee’s previous comments on the adoption of a new regional development strategy, the Government indicates that the Regional Development Programme of Georgia (RDP) 2018–21 was approved by Governmental Decree No. 1292 in June 2018 and is currently being implemented. The priorities of this programme include the provision of support to small and medium-sized enterprises (SMEs), growth-oriented sectors of the economy and export promotion, including support to strategic sectors such as tourism and agriculture, and improving human resources. The Committee requests the Government to provide information, including disaggregated statistical data, on the impact of measures taken to promote balanced regional development, including in the context of the RDP 2018–21, in terms of creating lasting, sustainable employment and improving labour productivity. The Committee further requests the Government to provide information on any measures taken or envisaged, including training and retraining programs, to increase productivity in the agricultural sector. The Government is also requested to provide information on the results of these measures.

Specific categories of workers. In response to its previous comments on the impact of active employment measures targeting disadvantaged groups, the Committee notes the statistics provided on the number of jobseekers, including women and young persons, employed as a result of their participation in the State Programme for Professional Training and Retraining and Qualification Upgrading of Job Seekers 2016–18. With regard to women’s employment, the GTUC observes that from 2006 to 2019, men’s economic activity exceeded that of women by an average of 19 per cent. The GTUC indicates that women drop out of the workforce, as a result of low wages. The Committee notes in this respect that the NSLEP 2019–23 also refers to issues faced by women in the labour market, including the gender pay gap, and provides that special attention will be paid to women’s involvement in employment programmes. With respect to the employment of young persons, the Committee notes the information provided on the activities and programmes of various public authorities and institutions responsible for promoting youth employment. In particular, it notes the “National Youth Policy Action Plan 2015-2020”, which is currently under evaluation, and the development of public-private partnerships (PPP) in youth vocational education and training (VET). The Government indicates that the number of Work-Based Learning (WBL) programs being implemented through PPP has increased. The GTUC observes that the unemployment rate is especially high among youth, reaching 30.3 per cent among the 20-29 age group in 2019. The Committee notes that, according to the ILOSTAT database, the youth unemployment rate stood at 39.4 per cent in 2020, and the share of youth not in employment, education or training stood (NEET) reached 28.5 per cent. It notes in this regard that the NSLEP 2019–23 provides for measures to reduce the proportion of NEET youth to 22.8 per cent by 2023. The Committee also notes the information provided by the Government on measures taken to promote the employment of persons with disabilities, including special programmes focusing on the integration of persons with disabilities and youth with special needs in social activities through the Children and Youth National Centre, and programmes of the Department of Employment. The Committee also notes that both the NSLEP 2019–23 and the RDP 2018–21 provide for measures aimed at promoting the integration of specific groups in vulnerable situations into the labour market, including through provision of vocational training for ethnic minorities. Recalling the Committee’s 2014 comments under the Equal Remuneration Convention, 1951 (No. 100), concerning the occupational segregation of women and its contribution to the gender pay gap, the Committee requests the Government to provide information on the concrete measures taken to combat the persistence of occupational segregation on the basis of sex (both vertical and horizontal) and to increase the labour force participation rate of women in the labour market. The Committee further requests the Government to provide detailed information on the manner in which the development of public-private partnerships and other programmes providing education and vocational training for youth has increased young people’s access to full, productive and freely chosen employment. The Committee also requests the Government to provide information on the measures envisaged or adopted to reduce the unemployment rate of young people (20-29 age). The Government is further requested to provide information on the nature and impact of measures taken, including in the context of the NSLEP 2019–23 and the RDP 2018–21, on the employment of specific groups of workers, including persons with disabilities, rural workers and older workers.

Article 3. Participation of the social partners. Noting the information provided by the Government in respect of consultation with the social partners, the Committee invites the Government to continue to communicate information in this regard, as well as information on consultations with representatives of those concerned by the measures to be taken.

Article 2 of the Convention. Promotion of the principle set out in the Convention in the public service. Legislation and application in practice. The Committee notes that, in reply to its previous comment, the Government reiterates that section 3 of the Law on Remuneration in Public Institutions of 2017 sets out the principle of equality and transparency of the remuneration system, and that this implies “equal pay for the performance of an equal job”, rather than work of equal value, despite the Committee’s previous indication that this wording is narrower than the principle of the Convention. Noting the absence of information provided in this regard, the Committee is once again bound to request the Government to clarify whether the new Law on Remuneration in Public Institutions provides for equal remuneration for men and women for work of equal value, or merely equal remuneration for equal work. The Government is once again requested to provide statistics disaggregated by sex on the distribution of men and women in the various grades and occupations to allow the Committee to assess how the principle of the Convention is applied in practice.

Article 3. Objective job evaluation. With reference to its previous comments, the Committee notes the Government’s indication that the coefficients and calculations applied in the new remuneration system of the Law on Remuneration in Public Institutions take into account tasks and categorize them into core functions and support functions. The Committee notes that this information is in itself not sufficient to understand the method used to classify jobs in the public service and therefore does not allow the Committee to assess the application of the Convention in practice. The Committee also notes the Government’s indication that, in the framework of the National Strategy of Labour Market and Employment Policy of Georgia 2019-23, guidelines on methodology will be elaborated so that the principle of equal remuneration is ensured and guaranteed. The Committee recalls that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey on the fundamental Conventions, paragraph 701). The Committee requests the Government to provide detailed information on the method used for the elaboration of the new remuneration system in the public service, including on how the coefficients and calculations were elaborated by the Ministry of Finance, and how it is ensured that this new job classification system is free from gender bias. Noting the Government’s statement that it is cooperating with the social partners to ensure that effect is given in practice to these principles, the Committee asks the Government to provide detailed and specific information on the concrete steps taken to promote the use of objective job evaluation or to develop such a method in the private sector, including training for those who undertake job evaluations and the results obtained.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee noted that a meeting of the Tripartite Commission for Social Partnership adopted a new Action Plan 2018–19 and that it started active discussions on the concrete and specific requirements to comply with ratified ILO Conventions. The Committee notes the lack of information provided with regard to the specific activities undertaken under the Action Plan 2018–19, as well as on the results achieved. The Committee therefore reiterates its request for the Government to provide detailed information on the specific activities undertaken by the Tripartite Commission for Social Partnership to promote the principle of the Convention and, going forward, undertake an assessment of the results achieved and to provide information in this regard. Further, the Committee once again asks the Government to provide information on any other steps taken in collaboration with workers’ and employers’ organizations to give full effect to the Convention.

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention.

Articles 1 and 2 of the Convention. Legislation. Recalling that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the legislation, the Committee previously welcomed the Government’s indication that the Ministry of Labour, Health and Social Affairs was working on amending the labour legislation to implement Directive 2006/54/EC of 5 July 2006, which provides that, for the same work or for work of equal value, direct and indirect discrimination on the grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. It encouraged the Government to ensure that labour legislation give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention without delay. It also urged the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Committee notes, from the Government’s report, the adoption of amendments to the labour legislation in 2019 and in September 2020. It notes with regret that the Government did not use these opportunities to include a provision giving full legislative expression to the principle of the Convention. The Committee notes the Government’s indication that the new National Strategy of Labour Market and Employment Policy 2019–2023 contains an action plan to ensure that both, at the legislative and practical levels, employees receive equal remuneration for “equally valuable work”. Recalling that section 57(1) of the Law on the Public Service provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, the Committee notes that the Government considers this provision to be in line with the principle of the Convention as coefficients are determined not only on the similarity of functions but also on responsibility, complexity, relevant competencies, qualifications and work experience which, according to the Government, implies the evaluation of the value of the work. Despite the Government’s reassurance, the Committee recalls that when legal provisions are narrower than the principle laid down in the Convention and do not expressly include the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination (see General Survey on the Fundamental Conventions, 2012, paragraphs 676–679). Recalling that the Convention has been ratified in 1993, the Committee once again urges the Government to amend the labour legislation, in cooperation with the social partners and the Council for Gender Equality, in order to give full legislative expression to the principle of “equal remuneration for men and women for work of equal value”, with a view to ensuring the full and effective implementation of the Convention without delay. Noting the Government’s reiterated statement that it intends to submit legislative proposals to the Parliament implementing Directive 2006/54/EC of 5 July 2006, the Committee requests the Government to provide information on any progress made in this regard. Furthermore, regarding the public sector, the Committee once again urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Government is requested to provide information on the progress achieved in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. In its previous comment, the Committee requested the Government to provide information on: (1) the measures taken or envisaged directly aimed at reducing the gender pay gap (encouraging the Government to continue its efforts in identifying and addressing the underlying causes of inequalities in remuneration and to promote women’s access to a wider range of job opportunities at all levels); (2) the awareness-raising activities undertaken to promote equal remuneration for work of equal value; and (3) statistical data on men’s and women’s monthly and hourly wages and additional allowances, by economic sector, as well as data on the number of men and women employed in these sectors. The Committee notes the Government’s indication that the Gender Equality Council is working on the elaboration of a methodology to calculate the gender pay gap and decrease inequality. It also notes the data provided by the Government on the average monthly earnings by occupation for 2017 and by sector of activity for 2016, 2017 and 2018. From this information, the Committee notes that in most sectors of activity, there has been no improvement in reducing the gender pay gap between 2016 and 2018, and that it remains high in nearly all sectors of activity. In particular, it notes that in 2018, in financial and insurance activities, men earned on average significantly more than women (men earned 3,461 Georgian lari (GEL) while women earned GEL1,498). The Committee notes, from the GTUC’s observations, that the gender pay gap can be explained by horizontal and vertical gender segregation, as well as by the strong gender stereotypes, the unequal division of unpaid agricultural and domestic work, and the lack of gender-responsive services and programmes. The GTUC alleges that although there is almost no gap between male and female educational attainment, only 52.9 per cent of women are reportedly employed compared to 67.1 per cent of men. The Committee also notes the GTUC’s observation that, according to a survey conducted by the Centre for Social Studies, gender disparities also exist in the receipt of benefits and other wage components: 66 per cent of men (eligible for bonuses/compensations) got bonuses, compared to 34 per cent of women; and 60 per cent of men got premiums, compared to 41 per cent of women. Given the persisting horizontal and vertical segregation prevailing in the country, the Committee asks the Government to step up its efforts to identify and properly address the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. Noting the lack of information provided in this regard, the Committee reiterates its request that the Government provide information on the specific measures taken or envisaged in the framework of the State Concept on Gender Equality and the Gender Equality Council Action Plan 2018–20 directly aimed at reducing the gender pay gap. Such measures may include, for example, undertaking sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society or adopting measures on shared parental leave, and affordable and available childcare services. The Committee further requests the Government to provide information on any awareness-raising activities undertaken to promote equal remuneration for men and women for work of equal value, including with respect to bonuses, premiums and other additional wage allowances. Finally, the Government is requested to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously requested the Government: (1) to enhance the capacity of the competent authorities to identify and address cases of pay inequalities between men and women for work of equal value; (2) to examine whether the applicable substantive and procedural provisions, in practice, allowed claims to be brought successfully; (3) to provide information on the effective enforcement of the principle of the Convention in practice; and (4) to provide information on relevant decisions handed down by the courts or other competent bodies, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender. It notes the Government’s commitment to re-establishing a fully-fledged labour inspectorate. In this regard, it notes with interest the adoption, in September 2020, of a new Labour Inspection Law. The Committee also notes the Government’s statement that in February 2019, a new law was adopted on occupational safety and health and that the law extends the mandate of labour inspectors, enabling them to conduct unannounced inspections in enterprises in all economic sectors and to impose sanctions on identified violations. The Committee further notes the Government’s indication that the number of labour inspectors was brought to 40 and would be increased to 100 during 2019–2020. The Government indicates that three trainings were provided to a total of 47 judges on the topic of “International labour standards and the Labour Code”, and one training on the same topic was held for 15 court officials. The Committee asks the Government to provide information on the activities of the labour inspectorate and its findings with regard to the application in practice of equal remuneration for men and women. The Committee also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee further asks the Government to take concrete steps to ensure the effective enforcement of the principle of the Convention in practice, for example through training activities of the labour inspectorate, as well as of judges and other public officials, related specifically to the principle of equal remuneration between men and women for work of equal value. The Committee also asks the Government to provide information on: (i) the content and duration of any training for the 47 judges that addressed the language and application in practice of the principle of equal remuneration for men and women; (ii) decisions handed down by the courts or other competent bodies with regard to the application of the principle of the Convention; and (iii) any cases regarding unequal remuneration handled by the Office of the Public Defender.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Legislative developments. Recalling that sections 1 and 2(1)–(4) of the Law on the Elimination of All Forms of Discrimination of 2014 define and prohibit direct and indirect discrimination, as well as multiple discrimination, based on the grounds set out in the Convention, as well as a range of other grounds, the Committee previously asked the Government to consider taking the opportunity of the revision of the Labour Code to clarify the existing non-discrimination provisions by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation. It notes with interest the inclusion of provisions to expand the scope of application of the principle to labour and pre-contractual relations, including access to all forms of vocational training, conditions of employment, labour, remuneration and termination of employment, and trade union membership and activities. The Committee also notes with interest that the Parliament passed amendments to the Labour Code on 29 September 2020, in which it defines and prohibits both direct and indirect discrimination in employment and occupation. The Committee asks the Government to provide a copy of the Labour Code, as amended. It also asks the Government to provide information on any judicial cases successfully brought to the courts on the grounds of direct or indirect discrimination in employment or occupation.

Article 1(2). Inherent requirements of the job. Recalling that section 4(9) of the Law on the Elimination of All Forms of Discrimination provides that differential treatment and creation of different conditions and/or situations shall be permissible if there is “an overwhelming state interest and the necessity of state intervention in a democratic society”, the Committee previously asked the Government to clarify the practical application and objective of the provision, and to provide information on any cases brought before the Office of the Public Defender or the courts regarding this provision. It notes the Government’s statement that no cases have been brought regarding the application of this provision. The Committee recalls, once again, that under the Convention, exceptions to the principle of non-discrimination in employment and occupation are to be interpreted strictly and must be related to the inherent requirements of the job (see 2012 General Survey on the fundamental Conventions, paragraphs 827–831). The Committee therefore asks once again the Government to clarify the practical application and objective of the provision, and to continue to provide information on any cases brought before the Office of the Public Defender or the courts regarding section 4(9) of the Law on the Elimination of All Forms of Discrimination.

Indirect discrimination. Objective circumstances. The Committee recalls the GTUC’s previous observations according to which employers have used sections 6(12)(e) and 37(1)(n) of the Labour Code, allowing the conclusion of short-term contracts where there are “objective circumstances”, as a means of discriminating on the basis of sex, trade union activities and political views. The Committee notes the Government’s general statement that the courts confirmed the wrongful application of these provisions in three instances and reinstated the plaintiffs in their former positions, but notes that no further detail was provided in this respect. In order to assess the conformity of these provisions with the principles laid down in the Convention, the Committee asks the Government to provide more detailed information on cases where sections 6(12)(e) and 37(1)(n) of the Labour Code have been successfully applied by employers.

Article 2. Equality of opportunity and treatment of ethnic minorities. In its previous comments, the Committee asked the Government to: (1) step up its efforts to promote equality of opportunity and treatment of ethnic minorities in employment and occupation; (2) provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors and on their participation rates in various training courses; and (3) provide information on any cases of ethnic or racial discrimination in the field of employment reported to the Office of the Public Defender or dealt with by the courts. It notes the Government’s indication that efforts were made to increase access of ethnic minorities to state-funded vocational training programmes through, for example, testing in their native languages. The Committee also notes from the Government’s report on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (June 2020) that: (1) the Labour and Employment National Strategy prioritized the increase of the access of representatives of ethnic minorities to employment and the improvement of their social-economic conditions and opportunities, and (2) many information meetings on employment support services, occupation safety and labour rights for ethnic minorities were organized (CERD/C/GEO/9-10, paragraphs 118 and 120). However, the Committee notes the Government’s indication that no case based on ethnic or racial discrimination has been heard by the courts or the Public Defender. It recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey, paragraphs 870 and 871). The Committee asks the Government to continue to promote equality of opportunity and treatment of ethnic minorities in employment and occupation, including through targeted measures to increase their representation in governance institutions and improve their educational opportunities. Noting the absence of information provided in this regard, the Committee again asks the Government to provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors, including their representation in public institutions, and on their participation rates in various training courses. The Committee encourages the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of ethnic and racial discrimination, and also to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Committee asks the Government to provide information on any cases of ethnic or racial discrimination in the field of employment and occupation reported to the Office of the Public Defender or dealt with by the courts.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(e). Access to vocational education and training. In reply to its request for information on the results achieved under the different strategies and programmes to promote equal opportunities for all groups in society, the Committee notes the Government’s indication that, in 2018, the Office of the State Minister conducted a training course on “How to Start and Develop Business” for a total of 30 women in partnership with the Academy of the Ministry of Finance. The Government also refers to: (1) a new initiative aimed at providing free training courses in website development and social media marketing for women aged 18–35 in five regions, and (2) the organization of two-day camps for 14–16 year old girls where they were taught the basics of computer programming. The Committee notes the information provided by the Government on the implementation of the State Programme for Professional Training, Retraining and Qualification Improvement of Job Seekers, in which beneficiaries receive training in professions that are currently in demand. In 2017, 70.4 per cent of the 2,360 beneficiaries were women, and in 2018 they represented 68.6 per cent of the 2,871 beneficiaries. Taking due note of the information provided, the Committee asks the Government to pursue its efforts to promote equal opportunities for women, and to provide information on the measures taken and their results. It also asks the Government to provide information, including statistics disaggregated by sex and ethnicity, on the specific steps taken and the results achieved under the different strategies and programmes to promote equal opportunities for other groups in society, such as ethnic minority and race.

Article 5. Special measures of protection. In its previous comment, the Committee recalled that Decree No. 147 of 3 May 2007 contains an extensive list of “hard, hazardous and dangerous jobs” according to which pregnant or nursing women cannot be recruited (section 4(5) of the Labour Code) and asked the Government to ensure that the limitations on the work that can be undertaken by pregnant or breastfeeding women do not go beyond what is needed to protect maternity in the strict sense, are not based on stereotyped perceptions regarding the capacity and the role of women in society and do not, in practice, limit the access of women to employment in general. The Committee notes the Government’s indication that it is in the process of aligning the national legislation with European directives, including the Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal share of family responsibilities, to reconcile work and family life. In light of the above, the Committee reiterates its request that the Government, when reviewing the list of jobs under Decree No. 147 of 2007, ensures that the limitations on the work that can be undertaken by pregnant or breastfeeding women do not go beyond what is needed to protect maternity in the strict sense, and that any other protective measures taken be strictly limited to maternity protection, and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. The Committee previously asked the Government: (1) to take steps to ensure the effective enforcement of the anti-discrimination legislation in employment and occupation; (2) to indicate how the Labour Conditions Inspecting Department ensures that the anti-discrimination provisions of the Labour Code are applied; and (3) to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general, regarding the prohibition of direct and indirect discrimination in employment and occupation. It notes, from the GTUC’s observations, that the Labour Conditions Inspecting Department does not have the mandate to properly tackle discrimination issues as it can only address situations of discrimination at the request of employees or employers and its recommendations are non-binding. The GTUC further observes that the Public Defender is also ill-equipped to deal with cases of discrimination because: (1) legal persons of private law are not obligated to submit the necessary information to enable it to investigate a case, (2) its recommendations are not binding on private sector employers, and (3) it does not have the right to enter a workplace or investigate a case on its own initiative. The Committee further notes, from the Public Defender’s 2019 Special Report on Combating and Preventing Discrimination and the State of Equality, the low implementation rate of its recommendations. The Committee notes the Government’s intention to transform the current Labour Conditions Inspecting Department into an independent Labour Inspectorate. The Government also indicates that a practical guide for labour inspectors is being drafted in order to improve the inspection process by making it more efficient, transparent and results-oriented, and that a code of ethics is being developed to define the scope of the inspection process and to ensure that it is transparent and applies uniform standards. The Committee notes that in order to raise awareness on discrimination issues, labour inspectors were trained in gender discrimination in the workplace by the Public Defender of Georgia and UN Women in 2018. However, it notes the Government’s indication that during the labour inspections that took place between 2017 and 2019, no case of discrimination was identified. The Committee asks the Government to provide information on any progress made in setting up an independent Labour Inspectorate capable of fully investigating and addressing cases of discrimination in employment and occupation, and issuing binding sanctions and remedies. It further urges the Government to take steps to raise the awareness of the judiciary, labour inspectors and other public officials, as well as the public in general, regarding the prohibition of direct and indirect discrimination in employment and occupation, and to provide information on any relevant cases addressing discrimination concerning employment and occupation examined by the competent authorities, such as labour inspectors, the Office of the Public Defender, the Gender Equality Council and the courts, including the sanctions imposed and remedies provided.

Burden of proof in discrimination cases. Recalling that the shifting of the burden of proof can be a useful means of ensuring redress in cases of discrimination in employment and occupation, the Committee repeats its request that the Government indicate whether, in the context of the ongoing reform of the Labour Code, any consideration has been given to amending the provisions in the Code to allow for the shifting of the burden of proof in cases of discrimination relating to additional aspects of employment, including recruitment, conditions of work, promotion and advancement.

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comment, the Committee asked the Government to take steps to: (1) prevent, together with workers’ and employers’ organizations, sexual harassment in the workplace; and (2) ensure that section 6(1)(b) of the Law on Gender Equality is effectively enforced (and to provide information on any cases of sexual harassment and their outcomes). It also asked the Government to consider including in the Labour Code a provision explicitly defining and prohibiting sexual harassment in the workplace. In this regard, the Committee notes the GTUC’s repeated observation that sexual harassment remains one of the most under-reported forms of discrimination at work. It notes the Government’s indication concerning the adoption in 2017 of Ordinance No. 200 defining general rules of ethics and conduct in the public service, which prohibits sexual harassment and establishes the requirement for public officials to be aware of this phenomenon and the prohibition of such practices, both in the workplace and in the public domain, and to remain informed of internal and general reporting procedures. The Committee also notes the Government’s reference to the 2019 legislative amendments introducing a definition and prohibition of sexual harassment in the Law on the Elimination of All Forms of Discrimination, as "any unwanted verbal, non-verbal or physical behaviour of a sexual nature with the purpose of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person”. The Committee further notes that the Labour Code was amended in September 2020 to define sexual harassment as “the direct or indirect harassment of a person aimed at or resulting in impairing the dignity of that person, or at creating an intimidating, hostile, humiliating, degrading or abusive environment for him/her, and/or creating the circumstances for a person directly or indirectly causing their condition to deteriorate as compared to other persons in similar circumstances”. The Committee notes with interest the introduction of a definition and prohibition of sexual harassment in the Labour Code, but notes that this definition does not cover the full range of forms of behaviour that constitute sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Government also indicates that, between 2014 and 2018, the Public Defender reviewed 15 cases of sexual harassment and issued recommendations in four cases, and that the courts only dealt with two cases. In light of the limited number of infringements identified by the courts and the Public Defender, the Committee recalls that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey, paragraph 790). The Committee therefore asks the Government to take the necessary steps to ensure that the prohibition of sexual harassment is effectively enforced by the courts and the Public Defender, and to continue providing information on any cases of sexual harassment dealt with by the courts or any other competent authorities, including information on the sanctions imposed and remedies granted. It also asks the Government to take steps to include in the labour legislation a complete definition of sexual harassment, including both quid pro quo and hostile work environment, and to provide information on any progress made in this regard. Noting that the Government’s report is silent on the subject, the Committee again asks the Government to take practical measures, together with workers’ and employers’ organizations, to prevent sexual harassment at work, including through the development of workplace policies and awareness-raising among workers and employers, and to report on the progress made in this regard.

Discrimination based on sexual orientation and gender identity. The Committee recalls that section 2 of the Labour Code prohibits discrimination on the basis of sexual orientation and gender identity and expression. In this regard, it notes from the 2019 report of the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, that discrimination based on sexual orientation and gender identity is pervasive in Georgia: beatings are commonplace, harassment and bullying constant, and exclusion from education, work and health settings appear to be the norm. According to the findings of the Independent Expert, discrimination based on sexual orientation remains common in the workplace and a study has found that, in the lesbian, gay, bisexual, trans and gender diverse community, one person out of four has been denied employment due to their sexual orientation or gender identity (A/HRC/41/45/Add.1, 15 May 2019, paragraphs 31 and 72). The Committee asks the Government to provide information on: (i) any steps taken or envisaged to prevent and address discrimination based on sexual orientation and gender identity in employment and occupation, including statutory and awareness-raising measures; and (ii) prosecutions brought and penalties imposed for violations of section 2 of the Labour Code.

Article 1(3) of the Convention. Discrimination in recruitment. The Committee recalls that, according to the GTUC’s observations, although section 2(3) of the Labour Code prohibits discrimination in recruitment, such cases of discrimination remain common practice and are often under-reported because the employer is not legally required to give reasons for a decision not to hire a candidate (section 5(8) of the Labour Code). The Committee notes from the Special Report of the Public Defender on the Fight Against Discrimination, its Prevention and the Situation of Equality (2018), that there is no express prohibition of discriminatory criteria in job advertisements and that such criteria are commonly used. The Public Defender proposes the introduction of legislative regulations expressly prohibiting discriminatory requirements in pre-contractual relations. The Committee notes the Government’s statement in its report that amendments were made to the Labour Code in February 2019 and notes with interest that an employer can no longer ask a candidate for information that is not related to the performance of the job or to the evaluation of the candidate’s ability to perform specific work, such as his/her religion, faith, disability, sexual orientation, ethnic affiliation or pregnancy status (section 5(1) of the Labour Code). The Committee also notes the Government’s indication that the Gender Equality Council is drafting further amendments to the Labour Code to improve women’s rights in relation to employment and occupation. In the framework of this legislative review, it is proposed that an employer should be required to substantiate his/her decision not to hire when there is an assumption of discrimination. The Committee notes the Government’s statement that eight cases have been investigated by the Public Defender’s Office on the basis of alleged discrimination in pre-contractual relations during the period 2015–18, but no indication is given as to the outcomes of these cases. The Committee asks the Government to provide information on any developments regarding the adoption of the draft legislative amendments proposed by the Gender Equality Council. The Committee also asks the Government to: (i) provide information on the application of new section 5(1) of the Labour Code in practice; (ii) continue taking steps to eliminate discriminatory practices in recruitment, including in job advertisements; and (iii) provide information on the number and nature of cases handled by the courts or the Office of the Public Defender regarding discrimination in pre-contractual relations, including the sanctions imposed and remedies granted.

Article 2. Equality of opportunity and treatment for men and women. The Committee previously asked the Government to step up its efforts to promote gender equality specifically in the field of employment and occupation and to take steps to address the barriers to women’s access to the broadest possible range of sectors and industries and to promote a more equitable sharing of family responsibilities between men and women. It requested information on the implementation of the outstanding activities of the 2014–16 National Action Plan on Gender Equality, as well as on any specific activities carried out by the Gender Equality Council in the field of employment and occupation. The Committee notes the Government’s indication that the Ministry of Economy and Sustainable Development, in partnership with the public agencies Enterprise Georgia and the Georgian Innovation and Technology Agency, is implementing projects to promote women’s entrepreneurship and their role in managerial positions by: (1) financially supporting start-ups and/or helping the expansion of existing businesses; and (2) providing training courses and individual consultancy on business management. The Government states that the Gender Equality Council identified the “economic empowerment of women” as a priority for 2019 and initiated two thematic enquiries focusing on the barriers women face when participating in state economic programmes and in access to vocational education. The Committee also takes note of the Gender Equality Council’s Action Plan for 2018–2020. However, the Committee notes from the GTUC’s observations that, despite positive steps to improve the labour regulations, the issues of women’s promotion (occupational gender segregation), women’s economic empowerment and equal participation in economic development, as well as proper pay, remain problematic. The GTUC alleges that gender inequalities are most challenging in rural areas and that gender stereotypes, the unequal division of unpaid agricultural and domestic work and a lack of gender-responsive services and programmes limit women’s abilities to acquire new skills, develop agricultural or other businesses and earn a sustainable income. In addition, the GTUC states that women entrepreneurs continue to face challenges in access to finance, information, training, access to business networks, as well as the reconciliation of work and family responsibilities. Referring to the official statistical data, the GTUC indicates that women comprise only 29 per cent of public service employees and only 21.8 per cent of managerial positions in the public sector. The Committee asks the Government to pursue its efforts to promote gender equality in employment and occupation, including through measures to address directly stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee again urges the Government to take steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard. The Committee further asks the Government to provide information on the conclusions and recommendations of the Gender Equality Council following its 2019 thematic enquiries, as well as on the results of its Action Plan 2018–2020 in the field of gender equality in employment and occupation. The Committee asks the Government to provide statistics on the situation of men and women in different occupations, including at the decision-making level, and in all sectors of the economy.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the Government’s first report on the application of the Convention. The Committee notes the efforts undertaken by the Government to give effect to the requirements of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Georgia on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organisation (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

Articles 3–5 of the Convention. Seafarers’ identity documents. The Committee takes note of the Government’s indication that the Seaman’s Book contains the two-dimensional barcode in accordance with the previous version of the Convention, and that the 2016 amendments to the annexes of the Convention have not been implemented yet. The Government also indicates that it plans to implement the new format of Seaman’s Book with a contactless integrated circuit in conformity with ICAO Document 9303 by 2020. The Committee observes that the Seaman’s Book, as regulated under Order N001 of the Director of the Maritime Transport Agency of the Ministry of Economy and Sustainable Development of 16 January 2012 on “Rules on Form, Production, Issuing and Usage of Seaman’s Book” (hereinafter, Order N001). The Committee notes that Order N001 does not fully comply with the requirements of Articles 3–5 of the amended version of the Convention. Noting that a new format of Seaman’s Book will be implemented in 2020, the Committee requests the Government to ensure in this context that the new SIDs is fully compliant with the requirements of Articles 3–5 of the Convention and Annexes I-III, as amended in 2016, and to supply a copy of the relevant legislation.

Article 7(1). Continuous possession. Noting the absence of information in this regard, the Committee requests the Government to indicate the measures taken to ensure compliance with Article 7(1) of the Convention according to which the SID shall remain in the seafarer’s possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer’s written consent.

Comments adopted by the CEACR: Georgia

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C185 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)