STATUS OF LABOUR INSPECTORATE

Transcription

1 STATUS OF LABOUR INSPECTORATE INVESTIGATIONS / PROSECUTIONS OF LABOR TRAFFICKING CASES REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 3 RD. PROGRESS REPORT ON IMPLEMENTATION OF THE VLAP The Ministry of Labour, Health and Social Affairs of Georgia Elza Jgerenaia- Head of the Labour and Employment Policy Department

2 Legal Basis of Labour Inspectorate GoG s Resolution N 81 of March 2, 2015 on Confirming Statute of MoLHSA; Established the Labour Inspection Department under the MoLHSA. Statute of this department was approved in April. One of the objectives of the departments is to undertake relevant measures for rising awareness of the employers and employees regarding the threats of Trafficking in Human Beings.

3 Functions: Functions and authorities of the Labour Carrying out state supervision on: Inspection Department (1) Accordance with the OSH requirements of technological processes, enterprise constructions, utility means, on fulfillment of OSH regulations at the high risk objects; Enforcement of labour legislation; Investigation and registraion of the workplace accidents For the purposes of the prevention of forced labour, identification of issues related to trafficking in human beings and carrying out preventive measures; Investigation, registration and preparing recommendations against discriminative actions and their root-causes; Analyzing identified violations of labour and OSH legislation and reasons of workplace accidents, elaborating proposals for their eradication and prevention; Drafting relevant regulations for establishing the Tripartite Committee (TC) under the Department and developing close cooperation with TC; Within the authority provided by the Georgian legislation responding to applications, letters, claims and proposals.

4 Functions and authorities of the Labour Authorities: Inspection Department (2) For the purposes of the inspection, based on the risk analysis or respective application, to enter any organization under his/her supervision; For the purposes of eradication of the violations identified during the inspection, to provide a respective written recommendation to the manager of the organization; Based on the conclusion, to inform respective institutions regarding ceasing the activities of organization, if its activities create threat to the health and life of its employees. To require the necessary documentation; Imposing sanctions defined by the relevant legislation; Raising awareness, informing and consulting workers and employers on identified violations; on norms of existing labour legislation and OSH norms; Conducting awareness raising activities for workers and employers on risks of trafficking in human beings; Fostering the enforcement of labour legislation, preventing discrimination in labour relations as defined by the Georgian legislation; Assessing the risks of violation of labour rights, THB and OSH in the organizations, and based on this assessment development of the organizations supervision plan; Protecting the commercial or official secret or other confidential information the disclosure of which is limited by the legislation, and that the department became aware of the inspector s professional activity / performance of official duties; The issues related to the inspection process will be discussed within the Tripartite Council under the Department.

5 Implementation of Labour Inspection Process Selection of candidates: 700 person applied; 25 inspectors were selected, other 25 person moved to reserve list; Professions of inspectors (Lawyer, Labour and health Hygienist, Engineer, Economist, Technician)

6 EU Directives (within the AA) Within the frames of the Labour Market Formation State Strategy and Action Plan the Ministry of Labour, Health and Social Affairs is currently working on the transposition of EU directives. Overall the Ministry will work on 6 directives. Out of which 2 (89/654; 2009/104;) are elaborated. By the end of the year the Ministry will elaborate directive 89/656/.

7 EU Directives Council Directive of 30 November 1989 concerning the minimum safety and health requirements for the workplace - 89/654/EEC; Council Directive of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work /104/EC; Council Directive - of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace- 89/656/EEC.

8 Capacity Building Trainings: EU-OSHA experts in cooperation with ILO Tbilisi Office conducted the training - Establishment of Modern and Effective Labour Inspection System, July 13-20, 2015, Tbilisi. It was designed for newly recruited staff and lasted 7 days ( 5 days were dedicated to theories and 2 days to practical work. Social partners were involved in training process) International and Local Experts - Labour Rights, Forced Labour and Human Traficking, September 12-16, 2015,Tbilisi International Labour Organization- training on Investigation of industrial accidents and diseases: risk assessment and control of hazardous substances; risks typical to construction and relevant control mechanisms/ measures - November 17-20, Tbilisi; Local experts - are planned in November-December, 2015.

9 Labour Inspection (LI) in Public Transport Company Around 100 state and private company/organizations were inspected.

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12 Findings Revealed following violations: Occupational Health and Safety 1 N/A automatic fire detection system 2 N/A evacuation plan 3 N/A ventilation system 4 N/A emergency exit doors 5 N/A fire extinguisher 6 N/A individual protection sets 7 N/A collective protection sets 8 High risk occupational diseases 9 High risk electric current 10 Occupational dust 11 Occupational noise 12 N/A climatic conditions 13 N/A waste product utilization Companies

13 NEW LEGISLATIVE AMENDMENTS (shall enter into force on 1 January 2016) Law of Georgia On Combating Human Trafficking Law of Georgia on Control of Entrepreneurial Activity Article 6 Authority of state bodies in preventing human trafficking A competent agency of the Ministry of Labour, Health and Social Affairs of Georgia, within the scope of its authority, shall ensure the conduct of state supervision for preventing and responding to forced labour and labour exploitation in accordance with the procedure approved by the Government of Georgia. Article 7 The scope of authority of state bodies in combating human trafficking A competent agency of the Ministry of Labour, Health and Social Affairs of Georgia shall check the working conditions in order to prevent and respond to forced labour and labour exploitation and shall apply to an investigative body if any signs of human trafficking are detected. (shall enter into force on 1 January 2016) Article 24 Measures to be taken with regard to entry of the Law into force The Government of Georgia shall, before 1 January 2016, approve the procedure for the conduct of state supervision by a competent agency of the Ministry of Labour, Health and Social Affairs of Georgia to prevent and respond to forced labour and labour exploitation. Article 1. b) control over entrepreneurial activity activity of the state, local self-government and other administrative bodies regulated by the legislation of Georgia, which is intended to inspect financial and economic activity of an entrepreneur and to verify performance of the obligations imposed on it; to determine if the activity of an entrepreneur complies with the legislation of Georgia; to detect violations in the activity or to impose an appropriate sanction. For the purpose of this Law, control shall not be the issuance of a license, permit or certificate under the legislation of Georgia, or making a decision on authorization, request of a certificate in the distribution network and drawing up of a respective report; also, activities carried out to verify the fulfillment of treaties and international agreements in the field of environmental protection, fulfillment of requirements for usage of natural resources and other environmental requirements, as well as activities under agreements and licenses related to oil and gas resources; also the forced labour and labour exploitation preventing activities for the purpose of labour exploitation ;

14 Memorandum of Understanding On August 13, 2015 the Memorandum on Mutual Cooperation was signed between the Ministry of Internal Affairs of Georgia and Ministry of Labor, Health and Social Affairs of Georgia on assistance in detection of cases of human trafficking. Aims and Objectives To prevent human trafficking, raise effectiveness of fight against human trafficking and increase detection rate; To build awareness of employers and employees on threats of human trafficking; To exchange information on detections and undertaken measures; To organize information exchange meetings/ trainings on issues related to human trafficking.

15 Awareness Building Campaign MoLHSA adapted EU OSHA s animations in the Georgian language. MoLHSA by support of EU-OSHA prepared the Healthy Workplace Campaign Leaflet - Working together for OSH and THB risk prevention ; Animations addresses two issues in prevention culture and behavior. It emphasizes that by working together, managers and employees can create a safer, healthier and more productive workplace based on a collaborative approach to improve safety culture.

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18 Thank you for your attention!