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GEO-2013-L-97806
Breadcrumb
Title_of_text
Organic Law No. 729-IIs of 12 June 2013 to Amend the Labour Code of Georgia.
Main Region
First Region
Country(ies)
Georgia
Subjects (Classification)
Labour codes, general labour and employment acts
Adopted on (Date of text)
2013-06-12
Scope of text
National
Type of legislation (Type of text)
Law, Act
Second Region
Abstract/Citation
Overall the Law aims at improving an employee's status; provides for special protective legal provisions for an employee in para 3 of article 1, para 10 of article 6, para 4 of article 13 (a labour agreement may not establish norms different from those provided for by this Law that can worsen employee's condition); widens material scope of the pre-existing anti-discriminatory clause enshrined in para 3 of article 2 adding general prohibition of discrimination in pre-contractual relations; further develops personal scope of labour relations in para 1 of article 3 adding "employers association" as a recognized subject; in para 1 of article 3 refers to the ILO Conventions No 87 and No 98 in regards to the employees association; rephrases para 6 of article 5 explicitly requiring an employer to provide an employee with the contract details; in para 1 of article 6 defines terms of oral, written (more than 3 months), fixed-term and open-ended labour agreements (more than 30 months); further sophisticates essentials of any labour agreement in para 9 of article 6; in para 2 of article 9 imposes obligation to an employer to pay to an employee during the trial period; obliges an employer to communicate internal labour regulations to an employee in para 1 of article 13; in para 1 of article 14 decreases working time from 41 to 40 hours a week for general services and introduces 48 hours working week provision for special services; provides for 36 hours working week for minors from 16 to 18 years of age in para 3 of article 14 and 24 hours working week for minors from 14 to 16 years of age in para 4 of article 14; in para 2 of article 17 introduces obligation to get the minor's consent to work overtime; in para 4 of article 17 explicitly stipulates an employer's obligation to compensate overtime work by increased amount of hourly pay rate; in para 4 of article 21 introduces employer's obligation to compensate any unused leave of absence should the labour agreement be terminated before the expiration date; in article 261 introduces right to 10 calendar days annually of extra leave of absence for employees working under harsh, harmful, or hazardous labour conditions; in article 27 raises maternity and child care leaves to 730 calendar days stating that 183 days of absence shall normally be paid and 200 days shall be paid in case of pregnancy complication or multiple births; in article 28 raises newborn (an infant under 12 months) adoption leaves of absence from 365 to 550 days stating that 90 days shall be paid instead of 70; in article 37 modifies the preexisting regulation concerning termination of labour agreements and defines precise list of grounds for termination as well as obliges an employer to explain the exact ground of agreement termination; in para 1 of article 38 modifies terms of termination of labour agreements and confers additional rights to an employee; in article 381 introduces a notion of "massive layoffs" (at least 100 employees within 15 calendar days) and obliges an employer to notify about such a decision in writing the Ministry for Labour, Health, and Social Affairs of Georgia; in articles 401, 402, and 403 explicitly grants and regulates freedom of association for employers and employees; in article 48 specifies provisions concerning individual disputes and introduces article 481 which specifies provisions in regards of collective disputes; abolishes 90 days limit for a strike in para 7 of article 49; in articles 521, 522, 523, 524 establishes a new body - Tripartite Social Partnership Commission (the Government of Georgia, employers associations and employees associations) as a consultative body for the Prime Minister in order to facilitate development of social partnership and social dialogue at all levels in the country between employees, employers and the Government of Georgia and to draft proposals and recommendations on different issues in labour and other concomitant relations.
Entry dates region
Date of entry into force
2013-07-04
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Electronic region
Electronic source title
Legislation On-line
Publisher
Legislative Herald of Georgia
URL
https://matsne.gov.ge/index.php?option=com_ldmssearch&view=docView&id=1951529
File
GEO97806_ge.pdf (PDF in Georgian)
Electronic source title
Legislation on-line
Author
Legislative Herald of Georgia
URL
https://matsne.gov.ge/