Section 2. Respect for Civil Liberties, Including:
b. Freedoms of Peaceful Assembly and Association
The constitution and law provide for the freedoms of peaceful assembly and association; government respect for those rights was uneven.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law generally provides for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively. Employers are not obliged, however, to engage in collective bargaining, even if a trade union or a group of employees wishes to do so. The law permits strikes only in cases of disputes where a collective agreement is already in place. While strikes are not limited in length, the law limits lockouts to 90 days. A court may determine the legality of a strike, and violators of strike rules may face up to two years in prison. Although the law prohibits employers from discriminating against union members or union-organizing activities in general terms, it does not explicitly require reinstatement of workers dismissed for union activity.
Certain categories of workers related to “human life and health,” as defined by the government, were not allowed to strike. The International Labor Organization noted the government’s list of such services included some it did not believe constituted essential services directed related to human life and health and cited as examples restrictions on all employees in “cleaning municipal departments; natural gas transportation and distribution facilities; and oil and gas production, preparation, oil refinery and gas processing facilities.” The government provided no compensation mechanisms for this restriction.
The government did not effectively enforce laws that provide for workers’ freedom of association and prohibit antiunion discrimination, and violations of worker rights persisted. There were no effective penalties or remedies to address arbitrary dismissal, and legal disputes regarding labor rights were subject to lengthy delays. Without a fully functioning labor inspectorate and mediation services in the Ministry of Health, Labor, and Social Affairs, the government was unable to enforce collective bargaining agreements (as required by law) or provide government oversight of employers’ compliance with labor laws. Employees who believed they were wrongfully terminated must file a complaint in a local court within one month of their termination.
In February parliament passed a law on occupational safety and health (OSH) that expanded the mandate of the Labor Inspectorate to inspect for OSH in all sectors of the economy, not just the hazardous, harmful, and heavy industries covered by the previous law. On September 1, the law entered into force.
Workers generally exercised their right to strike in accordance with the law but at times faced management retribution. The Georgian Trade Union Confederation (GTUC) reported that the influence of employer-sponsored “yellow” unions in the Georgian Post and Georgian Railways continued and impeded the ability of independent unions to operate. NGOs promoting worker rights did not report government restrictions on their work.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor. The government’s enforcement of the laws was not always effective. Forced labor is a criminal offense with penalties for conviction that would be sufficient to deter violations; the low number of investigations into forced or compulsory labor, however, offset the effect of strong penalties and encouraged the use of forced and compulsory labor.
The Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that it found no cases of forced or compulsory labor, although the GTUC claimed this was because the labor inspectorate still lacked enough inspectors to cover the country effectively. The law permits the ministry’s inspection department to make unannounced visits to businesses suspected of employing forced labor or human trafficking. The ministry reported that, as of August, it had inspected 100 companies on suspicions of human trafficking and forced labor. The Ministry of Justice, the Ministry of Internal Affairs, and the International Organization for Migration provided training on forced labor and human trafficking for inspectors.
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The minimum legal age for employment is generally 16, although in exceptional cases children may work with parental consent at 14. Children younger than 18 may not engage in unhealthy, underground, or hazardous work; children who are 16 to 18 are also subject to reduced workhours and prohibited from working at night. The law permits employment agreements with persons younger than 14 in sports, the arts, and cultural and advertising activities.
In March 2018 the government adopted a National Human Rights Action Plan that includes a chapter on children’s rights. The Ministry of Labor, Health, and Social Affairs reported that it found two cases of child labor law violations as of October. Inspectors referred both cases to the Social Service Agency and suspended activity at the two work sites. The low number of investigations into child labor made it unclear how effectively the government enforced the law. Depending on the offense, conviction of child labor law violations is punishable by fine, removal of operating permits, community service, probation, or imprisonment.
According to the National Child Labor Study for 2016, the latest year for which data were available, the majority of working children (an estimated 83 percent) were employed in agriculture, mainly helping self-employed family members in a family enterprise or farm. In older age groups, children became increasingly involved in other industries. Many children younger than 16 worked on small, family-owned farms. In most cases authorities did not consider this work as abusive or categorized as child labor. In some ethnic minority areas, family farm obligations interfered with school attendance, and school participation by ethnic minority children was especially low. Some families in rural Kvemo Kartli (an ethnic Azeri region) and Kakheti (where there was also a significant ethnic Azeri population) worked on distant pastures for six to nine months a year, so their children seldom attended school. Estimates of the number of children affected were not available.
Street begging remained the most visible form of child labor, especially in Tbilisi. In July 2018 UNICEF reported children of street families and unaccompanied children moved following the agricultural and tourist seasons, including to tourist sites along the Black Sea during the summer. Such children were vulnerable to violence and did not have access to either education or medical services beyond emergency care.
d. Discrimination with Respect to Employment and Occupation
The law prohibits discrimination in employment, but it does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The law further stipulates that discrimination is considered “direct or indirect oppression of a person that aims to or causes the creation of a frightening, hostile, disgraceful, dishonorable, and insulting environment.”
The government only sometimes effectively enforced these laws due to the lack of a fully functioning labor inspectorate. In May parliament passed amendments to the labor code that strengthened protections against sexual harassment in the workplace and empowered the PDO to investigate cases upon referral. The country continued to lack a body capable of proactively investigating workplaces to identify discriminatory practices.
Discrimination in the workplace was widespread. The GTUC reported cases of discrimination based on age, sexual orientation, and union affiliation. Companies and public workplaces frequently reorganized staff to dismiss employees who had reached the qualifying age to receive a pension. In addition, vacancy announcements often included age requirements as preconditions to apply for a particular position. The GTUC reported widespread instances of harassment in both the public and private sectors based on union affiliation, notably in the railway and postal services.
While the law provides for equality in the labor market, NGOs and the Ministry of Labor, Health, and Social Affairs agreed that discrimination against women in the workplace existed and was underreported. Although some observers noted continuing improvement in women’s access to the labor market, women were overrepresented in low-paying, low-skilled positions, regardless of their professional and academic qualifications, and salaries for women lagged behind those for men.
There was some evidence of discrimination in employment based on disability. There were also reports of informal discrimination against members of Romani and Azerbaijani Kurdish populations in the labor market.
e. Acceptable Conditions of Work
The minimum wage for both state- and private-sector employees was below the official subsistence income level. Employers did not apply the official minimum wage, however, since the lowest paid jobs in the private sector were typically significantly higher than the minimum wage.
The law provides for a 40-hour workweek and a weekly 24-hour rest period unless otherwise determined by a labor contract. Overtime is defined as work by an adult employee in excess of the regular 40-hour workweek, based on an agreement between the parties. An executive order establishes essential services in which overtime pay may not be approved until employees work more than 48 hours a week. Shifts must be at least 12 hours apart. Employees are entitled to 24 calendar days of paid leave and 15 calendar days of unpaid leave per year. Pregnant women or women who have recently given birth may not be required to work overtime without their consent. Minors who are 16 to 18 may not work in excess of 36 hours per week. Minors who are 14 or 15 may not work in excess of 24 hours per week. Overtime is only required to “be reimbursed at an increased rate of the normal hourly wage…defined by agreement between the parties.” The law does not explicitly prohibit excessive overtime. Inspectors did not have the ability to inspect workplaces, or levy fines or other penalties on employers for overtime or wage violations. Penalties were inadequate to deter violations.
Provisions of the OSH law concerning the compulsory insurance of employees by the employer against accidents came into force on January 1. In addition, on September 1, amendments to the OSH law came into force, establishing OSH standards for all sectors of the economy, and providing the labor inspectorate the authority to inspect workplaces and issue fines on employers who do not meet those standards. The Labor Inspectorate reported it inspected 36 companies on labor safety grounds and 100 on forced labor grounds as of October. On October 9, the Labor Inspectorate fined the Chinese Railway 23rd Bureau Group 50,000 lari ($17,000) for violating safety rules that resulted in the death of a worker. In general the number of inspectors was insufficient to enforce compliance fully, but the Labor Inspectorate maintained it was actively working on selecting and training new inspectors.
In June 2018 parliament passed legislation on social workers that established a minimum salary of 1,200 lari ($408), provided for an increase in the number of social workers, particularly at the municipal level, and created ongoing training programs for both new and existing social workers. These training sessions commenced in the spring, and on December 10, parliament passed a budget obligating funds for the salary increase and costs of the additional workforce.
Employer violations of workers’ rights persisted, and it was difficult for workers to remove themselves from hazardous situations without jeopardizing their employment. Workers hired on fixed term contracts frequently feared that calling employers’ attention to situations that endangered health or safety would be cause for employers not to renew their contract.
Conditions for migrant workers were generally unregulated. While the government did not keep specific statistics of migrant laborers in the country, the Public Services Development Agency issued up to 5,000 residence permits to migrant workers. According to the International Organization for Migration, a significant number of migrant workers came to the country to work in the tourism industry or on foreign-financed projects, where they lived at the worksite. Migrants who arrived in the country without previously secured jobs were unable to find concrete employment opportunities and had insufficient resources to remain in the country or finance their return home.
NGOs reported that a significant number of workers were employed in the informal economy and were often exploited in part because of the frequent lack of employment contracts. Such conditions, they alleged, were common among those working as street vendors or in unregulated bazaars.
The Labor Inspectorate of the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health, and Social Affairs reported that 38 persons were killed and 135 injured in the workplace as of December 5, compared with 59 killed and 199 injured in 2018. The mining and construction sectors remained especially dangerous, with reports of injuries, sleep deprivation, and unregulated work hours.