Local Self-governance Body Violates Citizens’ Rights over Salary Arrears

Shorena Kakabadze, Kutaisi

Former employees of Public Healthcare Center within the Ministry of Healthcare of Georgia have been demanding for  several years that their rights be  protected and the court verdict executed. Their salary arrears amount to 10, 244 GEL.

The case is about paying for the work that was done in 1998-2000. An appeal was lodged in the Kutaisi City Court for 44 268 GEL. The Collective Initiative Group of Public Healthcare Imereti Regional Center and Kote Gvetadze, director of this Center lodged the appeal. They demanded that 17-month arrears were compensated to the Center employees.

According to the Decree # 33 of the President of Georgia, dating February 3, 2003 Healthcare Imereti Regional Fund has been liquidated.  Later, the former director of the Public Healthcare Center refused to respect the court’s verdict and it was never executed. This is when the same former director sued for receiving arrears.

“The Public Healthcare Center was liquidated in April, 2003. Even though I lodged an appeal on compensation of salary debt now I do not want that the court verdict was executed and compensation paid,” said Kote Gvetadze.

According to case proceedings, the Kutaisi District Court filed a verdict on December 4, 2001. According to the verdict Public Healthcare Fund was ordered to compensate 44 537 GEL to Public Healthcare Center for the work done back in the 1998-2000 years.  Imereti Executive Bureau was ordered to execute this court order. However, the court verdict still has not been executed.

“According to Article I of Order # 33 of the president’s representative to Imereti Region dating March 31, 2008 Public Healthcare Imereti Regional Fund would be liquidated from April 2003. According to Article 4.3 of the same Order, the head of Kutaisi Local Municipality would register the Fund’s debt and cover this debt from the local budget, “ stated Nana Chapidze, the lawyer of the Human Rights Center.

The President’s Representatives’ Order was not followed. The employees of the Public Healthcare Center were not compensated. Moreover, they were dismissed.

“We have been demanding since December 4, 2001 that the court order dating December 4, 2001 was executed and we be compensated. However, all our efforts  thus far have been unsuccessful.  We have visited the Kutaisi Executive Bureau and Kote Gvetadze numerous times but still to no avail.  Kote Gvetadze continued to actively stop us from demanding our just compensation. He feared if we made a big fuss out of the case we would somehow complicate the situation. He said we might even lose our jobs. We lost our jobs either way and we will have to go through a big battle to receive our just salary arrears. It appears that Kote Gvetadze who used to be the author of our court appeal does not want to help us. He prefers to take another side,” says Tsisana Kakitadze, the former employee of the Public Healthcare Center.

Legally the Kutaisi local body of self governance should have had paid the compensation to the Center’s employees. However, the local municipality failed to follow through. The Kutaisi City Hall representatives answered the Human Rights Center’s questions, in particular what stage the Center employee’s compensation case was at and this was only when the president representative’s Order would be executed and when the labor rights of Center former employees reestablished reluctantly and lacking responsibility. Zaza Nutsubidze, deputy Kutaisi Mayor stated that “the former employees of the Center violated the dates of lodging an appeal according to the Georgian Civil Code.”

The Human Rights Center is planning to lodge an appeal in Kutiais City Court against Kutaisi Municipality and Imereti Executive Bureau in the nearest future.