"Young Barristers" demand from the Government of Georgia to control the construction industry

17 March, 2020

In order for the Government to reduce the risk of spreading the coronavirus, additional decisions about the prevention measures, based on the danger of transmitting the virus, even more demand to take special actions in the vulnerable areas. At this point, the situation with the gambling business is really unenviable in general and the situation in the construction industry is even more uncertain. Therefore, we address the Government to make univocal accents on what measure have been already taken towards the construction business and whether the construction process on various places in Tbilisi and in the other regions is still ongoing or not; What is happening in the infrastructure projects run by the State, how well are the rights of the employees protected - the organization "Young Barristers" releases the statement about that.

According to "Young Barristers'" lawyer, Lia Lemonjava, the Government has recommended for the public and private institutions to adapt remote-working regimes, but the works on construction sites aren't of the kind and specifics, which can be remotely implemented. This shouldn't be the reason to put the health of people, employed there, in the danger. Also, its worth of noting, that the realization of sanitary and hygienic measures, which the World Health Organization and the Government agencies are opting for, is becoming much more difficult in the establishments, such as construction sites. Because of the specifics of the work, the employees aren't able to protect personal hygiene, which is so important in order to prevent the infection of COVID-19.

Employers - in particular, the construction companies should develop the system of preventive procedures and measurements, which, during the pandemic situation, will reduce the risk of affecting the employees' health due to their labor activities.

Based on the Labour Code of Georgia, the employer is obliged to protect employee's right of a safe and healthy work environment, which, indeed means, that employers are obliged to provide employees with a working environment that is maximally safe for the life and health of the employees. On top of that, Employees are entitled to refuse to perform the work, assignment, or instruction that contradicts law or, due to the lack of occupational safety standards, obviously and substantially endangers their or third person’s life, health, property, or the safety of the natural environment. Employees shall be obliged to immediately inform the employer of a circumstance being the reason for refusing to fulfil their obligations under a labour agreement. Based on the Organic Law of Georgia On Occupational Safety, the employers are obliged to protect the occupational safety of the employees', as of labor-legal relationships, which, indeed implies the need of making a system that protects the lives, health and functional capacities of employees and other persons present in a working area from the negative aspects of work, which creates healthy and safe conditions for activities and involves legal, social and economic, organisational and technical, sanitary and hygienic, medical and preventive, rehabilitation and other measures.

According to Lia Lemonjava, based on the situation, where the virus is being spread, where the main preventive mechanism is thought to be staying at home and having minimal contact with people, we can assure, that the work, which itself involves leaving home and staying outside for hours, is dangerous and harmful to health. Therefore, we appeal to the employers, in that case, to the construction companies, to assist the employees as much as possible. It is desirable to take the preventive measures, which won't affect any side of the labor-relations. Additionally, we urge the Government of Georgia, whilst working on the recommendations, to take into the consideration the situation of the Citizens' Groups, who are employed in the specific institutions, as well as, the characteristics and specifics of these specific works must be taken into account.



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