Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, 2 and 3 of the Convention. Prohibition of discrimination. In its previous observation the Committee asked the Government whether the Labour Code’s prohibition of discrimination “in employment relations” (section 2(3)) covers discrimination at the stage of recruitment and selection and whether it covers direct and indirect discrimination. The Committee notes the Government’s statement that the Georgian legislation protects the population from any kind of discrimination, including “discrimination in employment and occupation processes”, referring to article 14 of the Constitution, section 2(3) of the Labour Code, and non-discrimination clauses contained in a number of other laws. The Government further states that indirect discrimination is prohibited by the Georgian legislation, inter alia, referring to section 142 of the Penal Code and section 2(4) of the Labour Code which addresses the issue of harassment. The Government has not explicitly confirmed whether section 2(3) of the Labour Code is interpreted as prohibiting indirect discrimination, although it generally states that in the absence of a legal definition of indirect discrimination, it is for the courts to deal with this matter on a case-by-case basis. However, the Government has no information on any discrimination cases lodged before the court under the Labour Code. Taking into account the Government’s statements that the legislation is meant to cover all forms of discrimination in employment and occupation, including discrimination in respect of recruitment and selection, as well as indirect discrimination, the Committee strongly recommends that the existing non-discrimination provisions of the Labour Code be amended: (i) to provide for a clear definition of direct and indirect discrimination; and (ii) to clarify that the prohibition of discrimination also applies to recruitment and selection, in accordance with the Convention. The Committee also asks the Government to provide information on the measures taken or envisaged to sensitize the judiciary, labour inspectors and the public regarding the prohibition of direct and indirect discrimination in employment and occupation. Please also provide copies of relevant court decisions.

The Committee is raising other points in a request addressed directly to the Government.