Comparative Analysis of Protection of Young People at Work in Georgian and European Union Laws
The 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.
Labour relations, Child labour, Working time, Night work, Daily break