Labor Code Does not Defend Rights of the Employed People
Shorena Kakabadze, Kutaisi
Number of arguments about labor agreements has increased at Kutaisi City Court. This fact is directly connected with the Labor Code of Georgia, as lawyers clarify. “We have discriminative Labor Code in Georgia which does not protect rights of the employed people,” said lawyers of the Kutaisi office of the Young Lawyers Association of Georgia. They clarify that the amendments, recently introduced to several laws of Georgia, should have dealt initially with the Labor Code.
“Labor rights have been breached recently that is encouraged by the Labor Code of Georgia. The rights of the employees are least protected in this country. Before that, the Labor Code entitles the employer to fire the employee without any motives and explanations. It prevents the lawyers to provide people with valuable legal aid. It is natural fact because the law does not enable me to defend the client. The Labor Code protects the employers more than the employees,” said Irine Oboladze, lawyer for the Kutaisi office of the Legal Aid Center of GYLA.
Tengiz Jajanidze works at an enterprise in the former car-factory in Kutaisi. Although he has been working there for over 5 months, he does not know the name of the employer. As it was cleared up, nobody has signed labor agreement with Jajanidze which could clarify the obligations and responsibilities of the parties. He said he has a boss who orders him what to do and pays wage at the end of the month.
“The wage might be a bit delayed but I know that I will take it by all means. However, nobody has signed an agreement with me and I did not request it either. Is it necessary? I do my job and they pay,” said Tengiz Jajanidze.
“Labor agreements shall not exist in oral form. However, our law envisages similar agreements too. It is clear that employer hired and allowed an employee to work for him/her. Finally, here we might face some problems. It is payment during holidays, facts of work-related trauma, etc. Many people apply to us for help about these issues and there is no legal norm based on which we could assist them. Thus, many labor suits have been submitted to the courts now,” said Irine Oboladze.
The lawyers clarify that there is a draft which envisages some changes into the labor code. However, the legislative body has not started discussion of the draft yet for uncertain reasons.
ვეთანხმები იმ აზრს, რომ ,,შრომის კანონთა კოდექსი\\\'\' მხოლოდ დამსაქმებლის უფლებებს ითვალისწინებს და არა დასაქმებულისას, არ არსებობს ბერკეტი დასაქმებულის დაცვისა.რაც შეეხება ზეპირი ფორმით დადებულ შრომით ხელშეკრულებას ეს ხომ აბსურდია და ასეთი რამ კანონში ჩადებული არ შეიძლება იქნეს. ჩემის აზრით სწრაფად უნდა იქნას განხილული პროექტი, რაც ,,შრომის კანონთა კოდექსსში \\\'\'ცვლილებებს შეეხება.
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