The Georgian NGO “Young Barristers” presents to the Universities, its legislative proposal on the introduction of the new legal regulation of internship in the Labor Code of Georgia. The first meeting was held with the Caucasus University. The legislative proposal and its justification was discussed in detail during the meeting.

The legislative proposal, prepared by “Young Barristers”, mainly aims at the legislative regulation of the term “internship” and legal issues related to it. The current legislation doesn’t provide a definition of internship, but it is generally considered, that it is an unpaid job for those inexperienced stuff, who are still learning, offering professional skills for them. Typically, an employer distinguishes normal employment from internship resulting in a discriminative practice against interns. In such circumstances, it is difficult and moreover, even impossible to protect intern’s labor rights, due to the absence of the relevant legislative regulations. Accordingly, the legislative proposal intends to introduce certain imperative requirements to be met by the labor agreements concluded with interns.  

In particular, the Legislative proposal introduces new article 9/1 in the Labor Code of Georgia. This article will determine the legal status of internship:

1. An internship is a special labor relationship, in which an employee performs unpaid work for the employer in the circumstances of an relevantly organized working conditions;
2. An agreement with an intern can only be concluded in writing and only once for no longer than a 6 month term. Extension of this term shall be inadmissible. 
3. The parties may also agree on the possible payment of the internship. The amount and the terms of the payment shall be determined and agreed by the parties. 
4. An employer is entitled to enter into a labor contract with an intern any time during the internship. 
5. An internship contract shall be terminated by partied under an article 37 of the Labor Code of Georgia. 
6. An article 38 shall not apply to the termination of the internship contract, unless provided by the contract itself. 
7. Internship shall be included in the work experience.

The organization believes, that legislative regulation of the internship will be a step forward to the students’ employment and their labor rights’ protection. In addition to this, legislative proposal fully complies with the requirements of the Association Agreement with EU. The International experience including that of the Germany, United States, Denmark and others has also been considered in the process of preparation of the legislative proposal.

Archil Kaikatsishvili, the head of the “Young Barristers” states, that the proposal has already been considered in the Health Care and the Human Rights Committees of the Parliament of Georgia. Both of the committees agreed on the existence of the problem, but they consider it relevant to make amendments to the law only through the thorough discussion of the issue with the social partners and International Labor Organization.  

“Young Barristers” is working on the issue since November 2013. During 2013-2014, the organization appealed to the Government of Georgia with recommendation on the consideration of the students’ labor rights while amending the Labor Code of Georgia. In July 2014, the organization created a working group composed of the law specialist from both - public and private sectors, in order to prepare the legislative proposal.  As a result of their work and consultations, the organization chose to make relevant amendments to the legislation in order to regulate internship terms and procedures.

In addition to the legislative proposal, “Young Barristers” has also introduced to the students an analytical competition – “Students in the Public Policy” announced by the organization. Within the frameworks of the competition, students from any accredited universities of Georgia can submit papers on one of the following issues:

1. Whether the media in Georgia is free or not;
2. Why do we choose Europe?
3. People and Democracy.

The competition aims at motivating the youth to get engaged in the civic sector activities, be represented to the public society and discuss most important processes ongoing in the country. The competition was announced on November 17, 2015 and the deadline is on December 8, 2015, at 18:00 am. The competition Commission will identify the authors who will pass the first round, no later than December 11, 2015.