Nobody Cares about Employees’ Rights in Georgia

The State Protects Employers

Nona Suvariani, Tbilisi

Georgia has ratified various international conventions for protecting labor rights. However, the rights of employees continue to be violated in Georgia. Experts consider that in the past the state protected employers in secret but now the interests of employers are openly preserved.

On June 11 International Organization for Migration organized a meeting on the issue of labor migration management in Georgia. Conditions that face employees were also discussed during the meeting.

For the most part when a government cannot provide its citizens with jobs and secure employment rights and normal wages people then seek jobs abroad. However, it is not always possible to find jobs in other countries legally. Natela Mzhavanadze, coordinator of the Tbilisi Resource Center for the International Organization for Migration, spoke about all the procedures that are necessary to implement in order to be able to become employed abroad. Resource centers in Tbilisi, Gurjaani, Kutaisi and Batumi provided potential labor migrants with the consultations about the employment aboard, legal migration, education, babysitting opportunities, shelters and other related issues. 

According to Natela Mzhavanadze, people called their offices to check the reliability of education, employment and shelter in foreign countries; also wanted to find out how they could migrate to certain countries or return back. People are desperate and they noted that any foreign country is their destination (this answer takes the first place in the rating, and the United States is the second noted most desirable destination). People do not care where exactly they go and work. They only want to leave Georgia to find jobs and a secure life. Nobody has information that in order to get a job abroad they should have a document that confirms their professional qualifications, including education. Such documents are becoming more and more requested in Georgia but people generally do not realize such things until they encounter the problem. This is especially the case with people who do not have higher education. In many instances they do not even know where to start in obtaining the requested documents.

As for traveling abroad, the employer should send a visa to an employee and that is very difficult hurdle to overcome. In EU countries, generally, potential employees are searched for initially in their own domestic labor market, then in other EU member countries, and finally in foreign countries like Georgia.  Besides that, a lot of procedures must be followed to start to legally work. Employers have to pay much for foreign employees. Georgians have opportunities to work in Russia and the Ukraine. Those countries have simplified visa regime requirements than compared to the countries of the EU. The EU does not wish to reduce the barrier to obtain visas; however, some steps have been already done in this direction.

The reduction of visa regime barriers is interesting for Abkhaz people, as they will be eager to obtain Russian passports so to easily travel to EU countries to work. Mark Hults, IOM Tbilisi Program Officer, considers the argument invalid as when Abkhazian people apply to the embassies of EU courtiers in Russian Federation they will be sent to Tbilisi because their place of residence is Abkhazia.   

Nino Chokheili, Senior Local Legal Expert of the Georgian-European Policy and Legal Advice Center (GEPLAC), stated that to implement similar visa regime Georgian legislation should comply with the legislation of EU countries. Here she works with legal issues such as migration, border management, shelter granting, fight against organized crime and corruption, rule of law and democracy. Georgia has already taken abovementioned responsibilities in regard with neighborhood policy. Although, the country has succeeded in the field, EU still has some remarks.

The Labor Code that was adopted by Georgian government contradicts with international conventions. The new Labor Code canceled the norms that were imposed by international conventions on Georgia. However, Georgian specialists are determined not to change the labor code in spite of the differences. The EU has strict position regarding the Georgian labor code and this issue is being seriously discussed at international meetings.

Mark Hults stated that recently Georgian authority tends to support the employer while regulating the relationship between employers and employees. It happened in past too but now the authority carries out such a policy more openly. The parliament did not adopt a very efficient draft law prepared by the non-governmental organizations that would have protected employees.

“The same kind of attitude over the issue is unacceptable, and especially for those who go abroad to seek employed. Their interests are not protected. I think, that we, with the support of Georgian and international organizations, can make the government to introduce sufficient legislation and support migrants.

Nino Shioshvili, director of “Amagdari”, the organization for the support of Georgian women’s employment, stated there is no legislative national base to regulate the employment policy on state level. The government had various initiatives though they carried various faults. We encounter instances of age discrimination too.

“It is important that the relationship between employer and employee is regulated and it be based on an employment contract. The biggest shortcoming on Labor Code is that it enables the parties not to sign contracts. The fact contradicts with the future guarantees of the employees; vacations, pension, etc. there are many issues that contradicts with international law and international organizations, among them is International Labor Organization, are seriously concerned. The Georgian Labor Code focuses mostly on the interests of the employer.”

Mr. Hults stated the situation worsened since the Labor Law was canceled. Unemployed people are not registered in Georgia. The State Agency for Employment and Subsidies works on poverty reduction program.

“Reportedly, neither has the Georgian Ministry of Labor, Health nor Social Welfare Department has taken responsibilities in the field. Corresponding structure for employment policy has been cancelled. It is very difficult when the state does not have legislative base and employment policy.”

“There are some initiatives to encourage business activities in the country but it is not mobilized, labor resources are not registered, particularly those women are abused who have little children and their social rights are not protected. We face some facts of age discrimination. Although, it is difficult to claim anything because employers do not openly state that the reason for their refusal is age of the applicant but reportedly, people over 30-35 are not generally hired. Though, there are exceptions too.”

Nino Shioshishvili spoke about the faults on the state program for inexpensive credits though the government supplements the program.

“Unemployed people have no opportunity to pay base the credit. Only businesses cannot be the sole source for supporting employment because running a business requires other kinds of skills.”

Based on above-mentioned facts, Nino Shioshvili spoke about population being disappointed. People cannot see social guarantees and state interests; everything requires time in the meantime the level of poverty increases.