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Georgia. ACT REGARDING MODIFICATIONS AND AMENDMENTS TO THE GEORGIAN LABOUR CODE, 1997
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Georgia

ACT REGARDING MODIFICATIONS AND AMENDMENTS TO THE GEORGIAN LABOUR CODE, 1997

 


The Parliament of Georgia hereby orders that:

I. In the Georgian Labour Code (Vedomosti Official Journal of the Supreme Soviet of the Georgian SSR, 1973, No. 6, p. 118) the following modifications and amendments shall be made:

1. Delete the preamble of the Code and replace the words "trade union committee" in the text with the words "trade unions".

The next modification concerns the Georgian text only.

2. Sections 1 and 2 should read as follows:

"Section 1. Aims of the Labour Code of Georgia

1. The Labour Code of Georgia shall govern labour relations between workers living in Georgia and enterprises, establishments and organizations (regardless of their form of ownership and organizational or legal status) and shall foster the realization of fundamental human rights and freedoms in respect of workers' rights, fair remuneration, occupational safety and health and the special definition of conditions of employment for minors and women.

2. The Code's effect shall extend to public servants only in situations and according to the procedures set out in the Act of Georgia on the Public Service.

Section 2. Workers' fundamental rights and duties

1. In accordance with the Constitution of Georgia, labour shall be freely chosen. Each worker shall have the right to carry out the labour activity that he or she freely chooses or to which he or she agrees, the right to select a sphere of activity and occupation, and during periods of unemployment, the right to enjoy state guarantees.

2. Forced labour shall be prohibited.

3. Workers shall be entitled to:

(a) expect safe and healthy working conditions and full compensation for damages caused by health disorders attributable to the performance of their work;

(b) receive equal remuneration for work carried out in equivalent working conditions, in accordance with the quantity and quality of work done, without any discrimination, and with remuneration not less than that prescribed by law as the minimum living standard;

(c) enjoy rest during the working day, days off and holidays, and to annual paid leave;

(d) associate in trade unions;

(e) be provided, when disabled or old and as prescribed by law, with the minimum living standard;

(f) lodge appeals in court to defend their rights and freedoms.

Workers shall have the duty to:

(a) conscientiously carry out their official duties;

(b) comply with labour discipline;

(c) take care of the property of the enterprise, establishment or organization;

(d) comply with the conditions of work and activity set out by this Code, other legislative acts and the labour contract."

3. Delete section 3.

4. Section 4 should read as follows:

"Section 4. Labour legislation

The labour legislation of Georgia shall consist of the Constitution of Georgia, this Code and other acts of labour legislation, as well as the international treaties to which Georgia is a party."

5. Delete section 5.

6. Sections 6 and 7 should read as follows:

"Section 6. Invalidity of labour contracts (or agreements) which provide worse conditions for the worker

1. Labour contracts (or agreements) which provide conditions worse than those stipulated in this Code shall be invalid.

2. The management of the enterprise, establishment or organization shall have the right, using its own resources, to establish for the worker labour and social privileges which are additional to those provided by law.

Section 7. Collective agreements

A collective agreement is a legal document regulating the labour, social and economic, and professional relations between the employer and the workers of an enterprise, establishment or organization. The procedure for the drawing up and conclusion of collective agreements and for the consideration of disputes shall be established by the Act of Georgia on Collective Agreements."

7. Delete sections 8 to 15.

8. Throughout chapter III, after the words "labour contract" insert the words "(or agreement)".

9. Sections 16 and 17 should read as follows:

"Section 16. Parties to and content of labour contracts (or agreements)

A labour contract (or agreement) is an agreement between the management and a worker of an enterprise, establishment or organization under which one party, the management, undertakes to ensure for the worker the appropriate conditions of employment and to pay him or her a wage in an agreed-upon amount, and the other party, the worker, undertakes to carry out a given job, taking into consideration his or her specialty, skills and post, to observe the conditions of the labour contract (or agreement) and to comply with the internal labour regulations.

Section 17. Guarantees upon hiring

1. Refusal without grounds to hire an employee shall be prohibited.

2. During hiring, any direct or indirect limitation of human rights or preferential treatment based on race, skin colour, language, gender, religious affiliation, political or other views, national, ethnic or social origin or descent, wealth or class situation or place of residence shall not be allowed.

3. Special conditions set out for certain categories of workers under the procedures established by this Code and other standard-setting acts of Georgia shall not be considered as limitations.

10. In section 19:

(a) the first part should read as follows:

"1. The labour contract (agreement) shall be concluded in written form and shall enter into force on the day it is signed by the parties, unless stipulated otherwise";

(b) Part 3 should be amended with the words "by an official who has the power to hire or dismiss workers from this job".

11. Delete section 20.

12. Sections 21 and 22 should read as follows:

"Section 21. Documents submitted for the conclusion of a labour contract (or agreement)

1. When a labour contract (or agreement) is concluded, the management of the enterprise, establishment or organization must request from the worker a document certifying his or her identity, the worker's labour booklet or certification of previous activity and diplomas, military papers and certification of fitness, if required by the job specification.

2. It shall be forbidden to require documents from hired employees other then those specified by law.

Section 22. Probationary period upon hiring

1. A probationary period may, with the consent of the parties, be provided when the labour contract (or agreement) is concluded, with the aim of verifying that the worker corresponds to the assigned job.

2. The conditions for the probationary period shall be established by the labour contract (or agreement).

3. The probationary period shall not exceed six months.

4. During the probationary period, the regulations set out by this Code shall apply to the worker in full.

5. Temporary disability or other periods when the worker is absent from work for justifiable reasons shall not be counted as part of the probationary period.

6. The probationary period shall be counted as part of the general and uninterrupted service period.

7. The following workers shall be hired without a probationary period:

(a) persons under 18 years of age;

(b) a worker who, with his or her consent, is transferred to another enterprise, establishment or organization or who is sent to work in another, geographically distinct, place."

13. Delete section 23.

14. Part 2 of section 24 should read as follows:

"2. If the outcome of the probationary period is not satisfactory, the management shall be entitled to dissolve the labour contract (or agreement) concluded with the worker. Such dismissals may be appealed in court."

15. The heading and first part of section 30 should read as follows:

"Section 30. Justification for the dissolution of the labour contract (or agreement)

1. The following shall be justification for the dissolution of a labour contract (or agreement):

(a) agreement of the parties;

(b) expiry of the period set out in paragraphs 2 and 3 of section 18 of this Code;

(c) conscription or entry into military service of the worker;

(d) dissolution of the labour contract (or agreement) upon the initiative of the worker or management;

(e) transfer, with his or her consent, of the worker to another job or post;

(f) refusal by the worker to transfer to another job as part of restructuring or owing to imperatives of production;

(g) entry into force of a court judgment under which the worker is sentenced to deprivation of liberty (apart from conditional or deferred sentences) or is sentenced to another penalty which precludes the possibility of carrying out the job in question."

16. Section 32 should read as follows:

"Section 32. Dissolution at the worker's initiative of a labour contract (or agreement) concluded for an indefinite period

1. The worker is entitled to request that the management dissolve the labour contract (or agreement) with two weeks' written notice. When a labour contract (or agreement) is dissolved for a justifiable reason, the management must receive three days' written notice. Once the notice period lapses, the worker shall be entitled to leave work and the labour contract (or agreement) shall no longer be considered to be in force. The management must carry out a final review with the worker and return the worker's labour booklet.

2. Upon the agreement of the worker and the management, the labour contract (or agreement) may also be dissolved before the expiry of the periods set out in the first part of this section. Disputes arising from the dissolution of the labour contract (or agreement) between management and the worker shall be considered by the courts."

17. Section 34 should read as follows:

"Section 34. Dissolution of the labour contract (or agreement) upon the initiative of the management

The management of the enterprise, establishment or organization may request the early dissolution of the labour contract (or agreement) if:

(a) the enterprise, establishment or organization is liquidated or reorganized (as in restructuring), or worker or staff reductions take place;

(b) it is ascertained that the worker does not correspond to the post occupied or the work done, owing to insufficient qualifications or for health reasons;

(c) the worker systematically fails to fulfil the labour contract (or agreement) or to comply with the internal labour regulations, or is consistently absent from work without justifiable reasons, provided disciplinary measures have previously been taken against the worker.

(d) the worker is absent from work for an uninterrupted period exceeding four months owing to temporary disability, not counting leave for pregnancy and birth; this four-month period shall not apply in cases of occupational illness or injury, nor shall it apply in cases of illnesses for which health-care bodies have established longer standard periods of care;

(e) pursuant to a court decision, a worker is reinstated in his or her previous post; in such cases the management is obliged to transfer the worker, with his or her consent, to another job. The management is not obliged to do so if it does not have another job.

(f) the worker reports for duty in an inebriated state or under the influence of narcotic or toxic substances;

(g) a court judgment enters into force under which the worker is sentenced to deprivation of liberty (apart from conditional or deferred sentences) or is sentenced to another penalty which precludes the possibility of carrying out the job in question;

(h) a worker responsible for monetary holdings or goods commits an act which is a breach of the employer's confidence, or if the worker misappropriates the enterprise's property (including petty theft), as established by an effective court sentence or by the decision of a body competent to impose administrative penalties;

(i) the worker is obliged by a court order to go for treatment to a specialized medical and health establishment (translator's note: generally for the treatment of alcoholics and drug addicts);

(j) the worker is recognized as unfit for duty in accordance with an established procedure;

(k) a worker responsible for educating children commits an immoral act incompatible with the fulfillment of his or her duties;

(l) other cases arise, as stipulated by the legislation of Georgia.

2. Workers shall not be dismissed during their leave or during periods of temporary disability, except for the cases set out in subparagraph (d), above."

18. Delete section 35.

19. Sections 36 and 37 should read as follows:

"Section 36. Preferential right to remain in one's post

1. During worker or staff reductions, workers who have distinguished themselves through higher qualifications and productivity shall have a preferential right to remain in their posts.

2. In identical conditions, preference shall be given to maintaining in their posts:

(a) heads of families having two or more dependents, single mothers and women with children under three years of age;

(b) persons from families with no other member who has an independent income;

(c) persons with the most seniority at the enterprise, establishment or organization in question;

(d) war and military service invalids and members of families whose breadwinners have died or gone missing while fighting for the territorial integrity of Georgia;

(e) inventors;

(f) persons who have suffered occupational illness or industrial injury at the enterprise, establishment or organization in question.

Section 37. Prohibition of dissolution by management of the labour contract (or agreement) without the consent of the enterprise, establishment or organization trade union

1. At enterprises, establishments or organizations which have trade unions, the management may not dissolve a labour contract (or agreement) without the consent of the trade union, with the exception of cases set out in the legislation of Georgia.

2. The labour contract (or agreement) must be dissolved by the management within one month after it receives the consent of the trade union."

20. In section 38, the words "in paragraphs 3 and 6 of section 30 and paragraphs 2 and 6 of section 34" should be replaced by "in sub-paragraphs (c) and (f) of the first part of section 30 and (b) and (d) of the first part of section 34", and the word "fortnightly" should be replaced by the word "monthly".

21. Delete section 39.

22. Delete the words "of the Union of Soviet Socialist Republics and" from the first part of section 40.

23. The heading of chapter III-a should read as follows:

"Grounds and procedures for the dismissal of a worker. Compensation and privileges of dismissed workers"

and section 42.2 and section 42.3 should read as follows:

"Section 42.2. Grounds and procedures for the dismissal of a worker

1. Workers must be personally informed of their dismissal with at least two months' notice. The worker must sign a confirmation of such notification.

2. When the enterprise, establishment or organization is liquidated or reorganized, the management or liquidating commission must with at least two months' notice inform the placement office of mass dismissals of workers, specifying their specialties and qualifications.

3. When worker or staff reductions take place, the preferential right to remain in one's post shall be established in accordance with section 36, above.

Section 42.3. Compensation and privileges of dismissed workers

1. Workers dismissed by dissolution of a labour contract (or agreement) from enterprises, establishments or organizations owing to their liquidation or reorganization (including restructuring) or worker or staff reductions:

(a) are entitled to a leave benefit equivalent to one month's average wages;

(b) shall have their average wage maintained until they find placement, but not for more than two months from their date of dismissal, without counting the leave benefit;

(c) shall have their uninterrupted service period maintained if the duration of the work interruption following dismissal is not more than three months.

2. Dismissed workers may also receive other benefits provided by the labour contract (or agreement) or by the Regulations (or by-laws) of the enterprise, establishment or organization itself."

24. In part 3 of section 44, the words "Union of Soviet Socialist Republics" should be replaced with "Georgia".

25. In part 3 of section 45, the words "with the local Council of People's Deputies" should be replaced with the words "with local administrations and self-administration bodies".

26. Delete the words "by the legislation of the Union of Soviet Socialist Republics" from part 3 of section 54.

27. In section 61, the words "by local Councils of People's Deputies" should be replaced with the words "with local administrations and self-administration bodies".

28. Delete the words "by the legislation of the Union of Soviet Socialist Republics and" from part 2 of section 62.

29. Section 67 should read as follows:

"Section 67. Leave.

1. All workers shall be given annual leave with maintenance of their jobs (or posts) and wages.

2. A worker's annual leave shall consist of 24 working days, unless stipulated otherwise by the labour contract (or agreement).

3. Persons under 18 years of age shall receive leave of one calendar month's duration.

4. Replacement of annual leave with monetary compensation shall not be allowed except when a dismissed worker has not been able to take regular leave.

5. Workers engaged in hazardous jobs or working non-standard working days shall be granted additional paid leave in accordance with the procedures set out by the internal labour regulations of the enterprise, establishment or organization or by the labour contract (or agreement).

6. Leave taken during temporary disability or leave for pregnancy and birth shall not be counted as part of annual leave.

30. Delete sections 68 and 69.

31. Section 75 should read as follows:

"Section 75. Remuneration of labour

1. The remuneration of a worker's labour shall take place in accordance with the volume and quality of the work done by the worker.

2. Any limitation of remuneration based on race, skin colour, language, gender, religious affiliation, political and other views, national, ethnic or social origin or descent, wealth or class situation or place of residence shall be prohibited.

3. The worker's remuneration shall take place in accordance with the procedures and conditions set out in the labour contract (or agreement). If the management of the enterprise, establishment or organization considers it appropriate, a wage-scale system may be applied. The conditions of payment under the wage-scale system shall be set out in the labour contract (or agreement).

4. The wage rate of officials, specialists and workers shall be determined by the administration, taking into consideration the post and qualifications of the worker, in accordance with the procedures set out in the labour contract (or agreement) and on the basis of the legislation in force.

32. Delete sections 77 to 79, parts 2 and 4 of section 81, part 3 of section 82 and section 84.

33. Sections 85, 86, 88 and 89 should read as follows:

"Section 85. Remuneration of labour for combining occupations (or posts) and performance of the duties of a temporarily absent worker

1. Workers who, at the same enterprise, establishment or organization, perform along with their main job under the labour contract (or agreement) an additional job in another occupation (or post) or the duties of a temporarily absent worker without being dismissed from their main job, shall receive a sum additional to the wage for combining occupations (or posts) or for performing the duties of the temporarily absent worker.

2. The amount of the additional sum shall be established by the management of the enterprise, establishment or organization, and shall be agreed by the parties.

Section 86. Remuneration of overtime

1. Remuneration of overtime shall take place for the first two hours at a rate of 150 per cent and for other hours at a rate of 200 per cent of the wage.

2. The granting of compensatory time in lieu of overtime shall not be allowed."

"Section 88. Remuneration for night work

Remuneration for night work shall be specified by the labour contract (or agreement) and must be greater than the established amount paid for hourly work.

Section 89. Remuneration in the event of spoiled production or forced production stoppages

1. If the spoilage of the production is not attributable to the worker, then the work done shall be remunerated at the same rate as that paid for high-quality production.

2. Spoilage attributable to the worker shall not be remunerated.

3. During forced production stoppages of the enterprise, establishment or organization which are not attributable to the worker, remuneration shall take place in an established minimum amount.

4. No remuneration shall be paid for periods of stoppages attributable to the worker.

34. Delete sections 90 to 92.

35. Sections 93 and 94 should read as follows:

"Section 93. Remuneration upon transfer to another job

When a worker is transferred to another permanent or temporary job, the question of the worker's remuneration shall be settled in accordance with the procedures set out in the labour contract (agreement).

Section 94. Time and place of payment of wages

1. Wages shall be paid at least once every two weeks, unless the labour contract (or agreement) stipulates otherwise.

2. When the worker takes leave, the wages shall be paid three days before the beginning of the leave.

3. If the payday falls on a day off or a holiday, the wage shall be paid the previous day.

4. In general the wage shall be paid to the worker at the workplace."

36. Delete section 95.

37. Section 97 should read as follows:

"Section 97. Procedure for settlement of accounts upon dismissal when the amounts are the subject of dispute

If the amount due to the worker upon dismissal is the subject of dispute, the matter shall be conclusively settled in court."

38. Delete section 100 and chapter VII.

39. Sections 109 and 110 should read as follows:

"Section 109. Guarantees for workers elected to elective office

Workers who leave their jobs to assume elected office shall be given their previous jobs (or posts) once they complete their mandates or, if such jobs or posts are no longer available, an equivalent one at the same enterprise, establishment or organization, or with the worker's consent, at another one.

Section 110. Guarantees for workers performing state or public duties

1. When workers perform state or public duties, if according to the legislation in force such duties must be performed during working time, the worker's job (or post) shall be guaranteed, as shall the average wage.

2. Workers who are called upon to perform duties under the Act of Georgia on Military Duty and Military Service shall be entitled to the guarantees and privileges set out in that law.

3. The worker's average wage shall be maintained if, during working time, the following state or public duties are performed:

(a) the worker exercises his or her right to vote;

(b) the worker is summoned by a body carrying out an investigation or preliminary inquiry, by the procurator's office or a court as a witness, injured party, expert, specialist or translator, or takes part in court proceedings as a juror, public prosecutor or defender, or as a representative of an organization;

(c) the worker takes part in the work of a pension awards board or a medical board examining labour cases, as a member thereof;

(d) the worker is summoned by a pension awards board as a witness providing information on a qualifying period;

(e) the worker willingly takes part in a fire-fighting exercise or assists in cleaning up an accident;

(f) the worker performs other state or public duties in cases set out by the law of Georgia.

4. The jobs (or posts) of workers sent to improve their qualifications with a break from production shall be maintained, and they shall receive an amount specified by law."

40. Delete the word "USSR" from part 2 of section 115.

41. Delete the words "by hiring" from the first part of section 116 and delete parts 4 and 5 of this section.

42. Delete the words "if the amount and type of payment of compensation is not established at the central level" from part 2 of section 117.

43. Delete the words "Union of Soviet Socialist Republics" from part 2 of section 118.

44. Sections 119 to 121 should read as follows:

"Section 119. Guarantees when establishing material responsibility of workers for damage caused to the enterprise, establishment or organization

Workers who through their own fault cause damage in performing their labour duties to an enterprise, establishment or organization shall bear material responsibility for the loss, in accordance with the procedures set out by the civil legislation of Georgia.

Section 120. Cases in which the material responsibility of the worker is limited

1. Limited material responsibility shall be imposed on:

(a) workers, to the extent of the damages attributable to them, and in any case not to exceed two months' wages, for the spoilage or destruction owing to negligence of materials, semi-finished materials and goods (or produced goods), including during the manufacture thereof, as well as spoilage or destruction owing to negligence of tools, measuring instruments, special clothing and other articles provided by the enterprise, establishment or organization for the use of the worker;

(b) directors of the enterprise, establishment or organization and their deputies, as well as directors of structural subsidiaries of enterprises, establishments or organizations and their deputies, to the extent of the damages attributable to them, and in any case not to exceed three months' wages, if the loss to the enterprise, establishment or organization is caused by superfluous monetary payments, improper accounting or holding of material and monetary valuables, failure to take the necessary measures to avoid stoppages, low-quality production, misappropriation, destruction and spoilage of material and monetary valuables;

(c) officials guilty of illegal dismissal of workers or of illegal transfer of workers to other jobs, to the extent of three months' wages.

Section 121. Cases of full material responsibility of workers

1. Workers shall bear full material responsibility for damage caused by their fault to the enterprise, establishment or organization, when:

(a) the damage is caused as a result of a criminal act of the worker, as established by the judgment of a court;

(b) the damage is caused by a worker in an inebriated state;

(c) a standard-setting act or contract assigns full material responsibility to the worker performing his or her work duties for damage caused to the enterprise, establishment or organization;

(d) a contract has been concluded between the worker and the enterprise, establishment or organization under which the worker assumes full material responsibility for failure to safeguard the property and other valuables entrusted to him or her for safekeeping or for other purposes;

(e) the damage is caused in the performance of duties unrelated to work;

(f) the property or other valuables in question were obtained by the worker against a loan, under a one-off power of attorney or another one-off document;

(g) the damage was caused by a shortage, intentional destruction or intentional spoilage of materials, semi-finished materials and goods (or produced goods), including during the manufacture thereof, as well as spoilage or destruction owing to negligence of tools, measuring instruments, special clothing and other articles provided by the enterprise, establishment or organization for the use of the worker."

45. Delete the second sentence of section 121.1.

46. Delete the third part of section 121.2.

47. Sections 121.3 and 122 should read as follows:

"Section 121.3. Determination of the amount of damage caused to the enterprise, establishment or organization

1. The amount of damage caused to the enterprise, establishment or organization shall be determined according to the actual losses, figured on the basis of bookkeeping record data, after calculation of wear and tear and corresponding to the balance-sheet value (or cost of production) of the material valuables in question.

2. In the event of misappropriation, shortage, intentional destruction or intentional spoilage of material valuables, the damage shall be determined according to the value established at the time the damage is caused.

3. At public catering enterprises (workplace and canteen) and in trade, the amount of the damage caused by misappropriation or shortage of production and goods shall be determined according to the established sales price of such production and goods.

4. The amount of compensatory damage caused through the fault of several workers shall be determined for each of them by taking into account the degree of fault and the type and limit of material responsibility for each.

Section 122. Procedure for compensation of damage caused to the enterprise, establishment or organization

1. In the cases set out in section 120, workers shall compensate damages according to the regulations of the management of the enterprise, establishment or organization, and directors and their deputies shall do so in their capacities as subordinates, according to the regulations of the bodies to which they report hierarchically, through withholding of wages. The regulations of the management or the superior body must be published no later than two weeks from the date of discovery of the damage caused by the worker, and executed not before seven days after the worker is informed. If the worker does not agree to the withholding of wages or to the amount, the dispute shall be settled in court.

2. In other cases, compensation of the loss shall take place by means of the management filing suit in court.

3. If the management withholds an amount from the worker's wages in violation of the established procedure, the body considering the dispute shall, based upon a complaint filed by the worker, take a decision on the refund of the illegally withheld amount.

4. Court-ordered recovery from the directors of enterprises, establishments or organizations and their deputies of material damages shall take place when a suit is filed by the bodies to which they report hierarchically.

5. Damage shall be compensated irrespective of whether the worker is charged with disciplinary, administrative or criminal responsibility for an act (or failure to act) which results in damage to the enterprise, establishment or organization."

48. Delete the words "Union of Soviet Socialist Republics" from the first parts of sections 124 and 125, and replace the words "in paragraphs 3, 5 and 6 of section 30 and paragraphs 1, 2 and 5 of section 34" with the words "in sub-paragraphs (b), (e) and (f) of the first part of section 30 and sub-paragraphs (a), (b) and (c) of the first part of section 34."

49. Delete sections 127 and 128 and part 2 of section 130.

50. Section 131 should read as follows:

"Section 131. Incentives for achievements at work

1. The following incentives shall be applied for achievements at work:

(a) statements of gratitude;

(b) cash bonus awards;

(c) awards of valuable prizes.

2. The internal labour regulations may provide for other types of incentives."

51. Delete section 134.

52. Delete paragraph 4 of the first part of section 135, and reformulate paragraph 5 as follows:

"(5) dismissal (sub-paragraphs (c), (d) and (f) to (h) of section 34)."

53. Delete section 138 and part 4 of section 139.

54. Sections 141 and 142 should read as follows:

"Section 141. Prohibition of the entry into operation of enterprises not meeting occupational safety requirements

1. No enterprise, shop, unit or production entity may be accredited and permitted to enter into operation if conditions for occupational safety and health are not ensured therein.

2. The entry into operation of new and modernized production units shall not be permitted without the authorization of state health and technical supervisory bodies.

Section 142. Occupational safety and health regulations binding upon management

1. The management of an enterprise, establishment or organization must provide the appropriate technical equipment for all posts and the establishment of conditions of work corresponding to the occupational safety and health regulations (technical safety regulations, health standards and others).

2. In the absence in the regulations of occupational safety and health requirements whose observance in production is imperative in order to ensure safe working conditions, the management of the enterprise, establishment or organization shall take measures to ensure safe working conditions."

55. Delete the words "by state committees" from the first part of section 144 and delete part 3 of section 145.

56. Delete the words "the Union of Soviet Socialist Republics and" from part 2 of section 152.

57. Part 3 of section 156 should read as follows:

"The list of arduous jobs and jobs with harmful working conditions and the limitations on the carrying and movement of loads by women shall be established according to the procedure set out by the legislation of Georgia."

58. Delete from section 168 the words "on the basis of the labour legislation of the Union of Soviet Socialist Republics and the Union republics".

59. Part 2 of section 169 should read as follows:

"The list of arduous jobs and jobs with harmful or dangerous working conditions in which the use of workers under 18 years of age shall be prohibited shall be established according to the procedure set out by the legislation of Georgia."

60. In section 172, the words "second part" should be replaced with "third part".

61. Delete the word "people's" from section 175, and delete part 3 of the same section.

62. Section 177 should read as follows:

"Dismissal of workers under 18 years of age may take place at the initiative of the management provided the general rules for dismissal are observed; in such cases, dismissal with grounds as described in sub-paragraphs (a), (b) and (e) of the first part of section 34 shall take place only in exceptional circumstances, and shall not be allowed without the placement of the worker in question."

63. Delete sections 179 to 186 and sections 190 and 193.

64. Delete the words "(section 213 of this Code)" from part 2 of section 194.

65. Section 195 should read as follows:

"Section 195. Procedure for the consideration of labour disputes

The procedure for the consideration of labour disputes of certain categories of workers by labour dispute settlement boards and the trade unions of enterprises, establishments and organizations and higher bodies shall be set out in the legislation of Georgia. In the event of court consideration of such cases, it shall additionally be determined by the Civil Procedure Code of Georgia."

66. Delete the word "people's" from sections 196, 200, 202 and 204.

67. Part 2 of section 206 should read as follows:

"If the management dissolves the labour contract (or agreement) without the consent of the corresponding trade union (section 37), the case shall be the subject of consideration by a court."

68. Delete the words "in accordance with hierarchical rank" from section 209.

69. Delete section 211.

70. Delete the words "(in regions of the far north and in localities equated to them, no more than three working years)".

71. In section 215, the words "upon the agreement of the superior trade unions and economic organizations" should be replaced with the words "in court".

72. In section 216 the words "with the participation of representatives of the management, the labour collective and the trade union committee, by the superior economic organizations and trade unions" should be replaced with the words "in court".

73. Delete the words "with the Constitution of the USSR and" from the first part of section 217, and part 2 of that section should read as follows:

"Trade unions shall operate in accordance with the procedure established by the legislation of Georgia on trade unions."

74. Delete section 218.

75. Delete the words "people's supervisory bodies" from section 220.

76. Delete sections 221 to 228 and Chapter XVI-a.

77. Section 229 should read as follows:

"Section 229. Social insurance of the worker

Social insurance of the worker, the payment of benefits and their amounts shall be determined in accordance with and according to the procedures and conditions set out by the legislation of Georgia".

78. Delete sections 230, 231 and 233.1.

79. Section 234 should read as follows:

"Section 234. Pension insurance

Pensions shall be assigned to workers and their families in accordance with the procedure set out by the legislation of Georgia on pensions."

80. Delete part 2 of section 235.

81. Delete the words "and supervision" from the heading of chapter XVIII.

82. Section 241 should read as follows:

"Section 241. Public supervision

Public supervision of compliance with labour legislation and labour regulations shall be carried out by trade unions in accordance with the procedure set out by law."

83. Delete the words "of the Union of Soviet Socialist Republics and" from section 242.

84. Sections 243 and 244 should read as follows:

"Section 243. Peculiarities of regulating labour for certain categories of workers

The legislation of Georgia may establish:

(a) labour privileges for workers engaged in high mountain regions of Georgia, in transport, communications, forestry and other jobs requiring special working conditions;

(b) special working conditions, taking into consideration the particularities of service of persons working under contract.

Translator's note: In Russian there are two terms for "contract" (as in labour contract or contract of employment): ??????? and ????????. Throughout the text the terms ??????? (????????) have consistently been used together and have been translated as "contract (or agreement), with the exception of one place. At the end of section 243, only the word ???????? was used. It is unclear whether in Georgia the two terms are used interchangeably or whether they refer to slightly different types of contracts (as collective agreements and individual contracts, or short-term and long-term or open-ended contracts).

Section 244. Material responsibility of the worker when the amount of damage exceeds his or her nominal value

The limitations on the material responsibility of workers for damages caused to the enterprise, establishment or organization through misappropriation, intentional spoilage, shortage or loss of various types of property and other valuables, and also in cases where the actual amount of damage exceeds the worker's nominal value, shall be established by the legislation of Georgia."

85. Delete section 245.

86. If a section is composed of numerous parts, to number them with Arabic numerals, and to designate letters for their paragraphs and to number their sub-paragraphs.

II. This Act shall enter into force upon publication.

President of Georgia Eduard Shevardnadze

Tbilisi
12 November 1997
No. 1070-Ic
ar


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