The organization “Young Barristers” address Georgian government, in the implementation process of contract for association with European Union, which government plans to start on September 1st, 2014, in the direction of labor rights, hasten the creation of the supervising body’s – labor inspection or one of the equal significance, which will have an authority for monitoring, defense and sanctioning.
The lawyer of “Young Barristers”, Ana Kiknadze states, that creating safe environment for life and health is problematic from employers side. Despite the fact, that employer is responsible to ensure employee with safe working circumstances, there is no control of creating insecure and ianpropriate worki environment. There is not mechanism that will reveal the extent of how employers realize the safe working conditions, demands of the law. In most of the cases, employer does not consider working environment, the difficulty of field labor etc. Accordingly, to maximally decrease the number of manufacturing malfunctions and victims of these malfunctions, it is important to create a body, which will be responsible for monitoring the safety of working conditions and will check work environment in specific manufacturing companies.
The organization estimates, that there is a violation of labor rights from employer, when employee is forced to work overshift without any reimbursement upon request. In these kinds of conditions, employees are not allowed to have any vacation. Working hours overcome the one indicated in labor code. The reimbursement of work is decreased. There are cases, when employee is trying to defend his/her rights and complains, although, as an answer, gets that he/she can write a resignation letter and leave, which, according to national and international code, is a discrimination.
The organization states, that when, in the country, there is more working force than working spaces, majority of employees, despite the violation of their rights, prefer to secure their position. Thus, it is important to have a special body, which will check the extent of realized responsibilities stated in labor code, will hear out complains from various sides, and will act according to specific problems/violation, to eradicate them.
„Young Barristers” think, that aside of monitoring and revealing of violations, supervising body of labor right should also have authority to charge sanctions. In case there will be a confirmation of employer, or any company/manufacturer is violating labor code, a legal action must be taken against them. The organization considers important for government to share foreign experiences and with implementation of any model, make defense of labor code effective.
