11 Enforcement Legal Review Within the 2020 Labour Law Reform, the Law on Labour Inspection was approved introducing the establishment of a fully-fledged labour inspection service in Georgia. The Law on Labour Inspection is based on the ILO strategic compliance concept. According to the ILO Approach to Strategic Compliance Planning for Labour Inspectorates, the traditional enforcement model(with reactive and routine inspections) is no longer sufficient to achieve effective and efficient enforcement and sustained compliance with labour legislation. The traditional enforcement model solely focuses on enforcement(and enforcement does not necessarily achieve compliance with labour laws). On the contrary, the strategic compliance model mainly involves a proactive, targeted, and tailored approach aiming to identify diagnoses for causing non-compliance. Enforcement is one of the elements of the strategic compliance approach where it also combines education, promotion, and communication with more a systematic endeavor from the labour inspection service. The idea of strategic compliance requires the involvement of different stakeholders – labour inspection and other government institutions, workers and their organization, employers and their organizations, non-governmental organizations, media, and any and all other institutions who can influence compliance. 240 The Law on Labour Inspection focuses on the strategic compliance approach and this concept is developed through different mechanisms pursued in the law. According to the Law, the purpose of the Labour Inspection Service is to ensure the effective application of the labour legislation. To achieve this purpose, the Labour Inspection Service shall, among others, use the following mechanisms: a) the provision of information and/or consultations related to fulfilment of labour provisions, per employers’ request; b) raising awareness and provision of information to society to promote respect for labour legislation in Georgia, through campaigns and other means considered effective; c) receiving and resolving complaints related to alleged violations of labour legislation; d) inspection; e) developing recommendations for improving labour legislation and the application thereof. The Law on Labour Inspection further specifies that in performing its activities, the Labour Inspection Service must use the powers under the given law in a manner that ensures the greatest possible impact on the effective application of the labour legislation. Another example of the strategic compliance approach is the fact that there are three types of 240. ILO Approach to Strategic Compliance Planning for Labour Inspectorates, Brief 2, December 2017, https://www.ilo.org/ wcmsp5/groups/public/---ed_dialogue/---lab_admin/documents/publication/wcms_606471.pdf. 113
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