The Georgian Parliament handed the brand new Legislation on Labor Inspection – Employment and Human Sources


The Georgian Parliament adopted the new labor inspection law

May 26, 2021

GRATA International

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On October 5, 2020, the Legislative Herald of Georgia website published the new Georgian Labor Inspection Act.

  • The aim of the law is to extend the scope of the labor inspectorate from the area of ​​occupational safety to the entire spectrum of employee rights.
  • The cornerstone of the new law is the ILO’s approach to strategic compliance planning for labor inspectorates. The model involves achieving compliance through proactive steps, including the use of enforcement mechanisms.
  • According to the law, the Labor Inspectorate carries out its activities on the basis of the following principles: objectivity, impartiality, legality, professionalism and protection of confidentiality.
  • The law defines the status of the labor inspectorate and defines the scope of its activities as well as its professional guarantees. According to the law, the labor inspector is a public official and therefore the issues of appointment, status, social guarantees and remuneration are regulated by the Georgian Civil Service Law.
  • The labor inspector initiates appropriate procedures based on a complaint from an interested party or on his own initiative. The labor inspection does not require prior judicial approval and is authorized, without prior notice, to check, inspect and review every workstation subject to mandatory inspection at any time of the day or night, and to check what is necessary for effective implementation and the application of occupational safety standards.
  • The law regulates conflicts of interest and confidentiality separately. Conflicts of Interest rules prohibit labor inspectors from participating in proceedings in which they have personal interests. In this case, the labor inspector is obliged to inform his superior. The confidentiality rules protect the source of the complaint filed with the Labor Inspectorate.
  • The Labor Inspectorate has the power to impose the following types of sanctions: warning, fines and cessation of activity. The Labor Inspectorate has a margin of discretion to decide what type of sanction to apply in each individual case. The law only requires that the sanctions imposed are proportionate to the offense.

Act came into force when it was published.

Source and date of publication: Legislative Herald of Georgia, 10/5/2020.

Originally published January 25, 2021.

The content of this article is intended to provide general guidance on the subject. You should seek expert advice regarding your specific circumstances.

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