Introduction Historical Background The recent history of regulating labour rights and labour safety in Georgia can be divided into three main phases reflecting shifting political and governance priorities, namely 20032012, 2013-2017 and 2017-2020. The first phase was ushered in during a period of radical changes when the political-economic agenda of the country was heavily oriented towards a neo-liberal approach. It is from 2005-2006 that the Labour Code gets altered and shifted focus on giving more freedom to the employer, deregulation, and disbanding virtually all labour administration institutions, including the labour inspection supervisory system. The general deregulation policy, including the legalization of such power imbalance between the actors in labour relations, over the years, has significantly changed the labour culture in the country. The Labour Code of Georgia, which has been in force since 2006, was considered by some to be the most liberal labour law in the world. 1 Its main tenet was that labour relations should be regulated through a free agreement between the employer and the employee, and the state almost completely abolished the function of regulating and supervising labour relations. 2 Although such liberalization of labour law was not in line with Georgia’s stated foreign policy priorities for EU integration, the deregulated legal environment remained until 2013. During the second phase, the first steps towards re-regulation of labour relations was initiated in 2013, mainly driven by the deepening cooperation with the European Union and the conclusion of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States(hereinafter the Association Agreement), which required the harmonization of Georgian legislation with certain EU directives. In 2013, at the initiative of the Government of Georgia, amendments were adopted to the Labour Code that defined the rules for termination of the agreement, overtime pay, concluding a fixed-term and permanent employment agreement, and new regulations were introduced on individual and collective labour disputes. 3 The 2013 amendments also transformed the status of the Tripartite Social Partnership Commission(TSPC) designating the Prime Minister as its Chair, rather than the Minister. However, in reality, this tripartite format still was not used as an effective and inclusive 1. U.S. Department of State, 2013. 2012 Country Reports on Human Rights Practices – Georgia, Refworld.org, https://www.refworld.org/publisher,USDOS,,GEO,53284adb5,0.html[last accessed: 10.11.21]. 2. Human Rights Watch, 2019. No Year without Deaths. A Decade of Deregulation Puts Georgian Miners at Risk. https://www. hrw.org/report/2019/08/22/no-year-without-deaths/decade-deregulation-puts-georgian-miners-risk[last accessed: 10.11.21]. 3. http://www.economy.ge/?page=economy&s=74[last accessed: 10.11.21]. 7
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