Browsing by Author "Urotadze, Jaba"
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Item Comparative Analysis of Protection of Young People at Work in Georgian and European Union Laws(2020) Urotadze, JabaThe research examines the level of protection of young persons’ (any person under 18 years of age) safety and health at work in Georgia compared to the European Union. Young persons are particularly vulnerable to risks related to working conditions, therefore the state should pay special attention to implementing international standards in this field. According to Article 78 of the Constitution of Georgia: “the constitutional bodies shall take all measures within the scope of their competences to ensure the full integration of Georgia into the European Union”. On the way to integration, Georgia has to approximate its legislation with the EU law. Georgia ratified the Minimum Age Convention, 1973 (No. 138) in 1996. The EU Directive 94/33/EC is based on the convention and establishes more specific provisions of protecting young persons’ safety and health at work. In Georgia, provisions concerning the protection of young people at work are given in the Labour Code (the LC) and the Organic Law on Occupational Safety. The upper limit of working time (including overtime) is not directly determined in the LC, even for children. A minimum uninterrupted rest period per week and daily breaks for workers regardless of age is not regulated in the LC. Georgian Labour Inspectorate has insufficient competences, only having the right to examine occupational safety and health conditions, but not work and rest time regulations. In relation to child labour, there are other provisions needed to be harmonized with EU law. In the research, Comparative analysis of EU Directive 94/33/EC on Protection of Young People at Work with relevant clauses of Georgian labour law is conducted and recommendations are given to amend provisions in Georgian legislation regarding the protection of young persons’ safety and health at work.Item Comparative Analysis of Working and Rest Time Regulations in Georgia and European Union(Ivane Javakhishvili Tbilisi state university, Faculty of social and political sciences, 2019-06) Urotadze, Jaba; უროტაძე, ჯაბაIn 2014, the “Association Agreement” was signed between the European Union and Georgia, which aims at deepening political and economic relations between the parties. According to the Agreement, Georgia will approximate its legislation with EU law in different spheres, including decent working conditions. The “Association Agreement” has annexes, where there is a list of EU legal acts and Georgia has to gradually harmonize its legislation with these acts. The Labour Code of Georgia regulates labour and its concomitant relations in the territory of Georgia, unless they are otherwise governed by other special law (e.g. Public Service Law) or international agreements of Georgia. In 2006, within the frame of liberal social-economic policies, a new Labour Code was adopted, which significantly worsened the labour rights of employees. The process of elaboration of labour legislation should not be conducted only according to the wish to alleviate burden on business and ignore minimal safety and health requirements at work – this is against European values. In June 2013, significant amendments to the Labour Code were made, after which the labour relations between employer and employee became more balanced. Although, in order to approximate Georgian labour law with EU standards, there still are some legislative amendments to be made. In the research, special attention is paid to one of the central aspects of labour law – working and rest time. In Georgia, the upper limit of weekly working time (including overtime) is much higher than in EU member states; the employer is not obliged to ensure that, per each seven-day period, every worker is entitled to a minimum uninterrupted rest period of 24 hours; in relation to working and rest time, there are other discrepancies with EU standards. According to article 26 of the Constitution of Georgia, the right to safe working conditions and other labour rights shall be protected by the organic law; it is also mentioned that the freedom of enterprise shall be guaranteed. Therefore, it is important to keep an adequate balance between these two constitutional rights: the law governing labour rights should not impose an unbearable burden on the employer, which will hinder economic development and job creation; in the meantime, the government should ensure that the labour law will provide protection of health and safety at work according to the EU standards. In the research: a) EU Directives given in the “Association Agreement” and related to organization of working and rest time are studied; b) Several EU member states’ experience on transposition of relevant directives are studied; c) Comparative analysis of above mentioned legislation with Georgian labour law is conducted and recommendations are given to amend Georgian legislation on working and rest time.Item Georgia’s Transit Corridor and its Neighboring Countries(2022-05-11) Dolbaia, Tamar; Urotadze, JabaSince the early years of independence, Georgia has been involved in TRACECA (Transport Corridor Europe-Caucasus-Asia), established in 1993 at the initiative of the European Union in order to diversify transport corridors passing through Russia and promote the independent development of Post-Soviet states. Georgia’s favorable transport-geographical location at the crossroads of Europe and Asia creates beneficial conditions for the Transcaucasian corridor development. Georgia’s railway, sea, automobile and pipeline transports are fully involved in transport corridors. In the 21-st century, new transport flows passing through Georgia joined the Transcaucasian corridor: • Baku–Supsa and Baku-Tbilisi-Ceyhan oil pipelines; • Baku-Tbilisi-Erzurum (Shah Deniz) and North-South (Russia-Georgia-Armenia) gas pipelines; • Baku-Tbilisi-Kars Railway, which is the part of “Iron Silk Road”; • Trans-Caspian East-West Middle Corridor. Georgia is interested in involvement in the transport corridor project “Chinese Initiative - One Belt - One Road” (BRI) and tries to persuade partner countries of the reliability, safety, cheapness and flexibility of routes passing through Georgia. China is looking for the shortest and most profitable routes to implement the project, while some other countries are trying to get involved in the project expecting to profit from transit cargo passing through them. In the research, issues of expediency of relocation to Georgian territory of cargo flowing from China and Central Asian countries to Europe via Russia are discussed; the turnover of the Transcaucasian corridor by types of transport is examined and the geography of cargo is discussed. Military and political conflicts hamper unhindered cargo flows. Thus, the relocation of cargo flows to the Georgian multimodal corridor will create increased safety guarantees for producer countries, while for Georgia, economic benefits from attracting cargo and increasing its volume will increase the budget revenues. To reach this goal, Georgia has to attract partner countries with guaranteed protection of the cargo, fast shipment, the safety of routes and high capacity