The US State Department has published its annual report on the state of human rights in Georgia for 2022. A member of the Georgia Fair Labor Platform, the Georgian Young Lawyers Association (GYLA), assessed the report and concluded that the general situation for human rights protections in Georgia worsened over the last year.
The report deals labor rights in detail and highlights the most problematic issues in this regard.
Trade union activities and strikes
According to the report, employees dismissed due to trade union activity do not have a direct right to reinstatement under Georgian law. The ambiguous character of employers’ participation in the labor dispute mediation process is also problematic, leading many employers to negotiate in bad faith and avoid the negotiation process. The report criticizes an unreasonably broad list of areas of employment where the right to strike is restricted. In addition, the report notes that the process of restoring the rights of illegally fired employees takes too long, and says that the government does not effectively protect workers’ rights to peaceful assembly and trade union activities.
Insufficient resources for the labor inspectorate
The report highlights the weak institutional situation of the Labor Inspectorate, including a lack of inspectors, which limits its ability to fully enforce labor legislation. In addition, the lack of employee participation during inspection activities was deemedproblematic. Often, applicants are not directly involved in the administrative proceedings. Penalties and other sanctions for labor rights violations are much lighter than sanctions for violations of civil and political rights.
Women’s work
The report also addresses issues of discrimination against women and minorities, both in the workplace and in recruitment. It notes that women are most frequently employed in lower skill, lower-paying jobs and lack of representation in high positions. The report strongly criticizes the inadequate maternity leave system, particularly the lack of paid maternity leave.
Minimum wage
The lack of a solid methodology for determining the minimum wage and detecting the wage gap at the state level is increasing the issue of unequal pay for men and women. The report criticizes the minimum wage in Georgia, which has been stuck at 20 GEL per monthsince the 1990s.
Labor safety
The report notes that employees who demand safe working conditions and adequate safety equipment regularly say that they fear retribution – including losing their jobs. This problem appears especially in single-industry cities, where heavy industry is the only means of employment. Extractive industry jobs remain dangerous. Workplace injury and death statistics in 2022 were characterized by a mixed trajectory (deaths were down vs. 2021, but injuries were up).
Informal and non-standard work
The report addresses the high share of informal workers in the economy and the low level of social protection. Here, the report emphasizes that injury and death statistics in non-standard employment sites are no less than in heavy industry cities – e.g., for employees in the platform economy (Glovo, Wolt).
