The Research on Social-economic and Legal Analysis of Dismissals of Workers in 2013-2017 (Georgia)

The research revealed that the number of applications to the courts related to the cases of removals kept increasing significantly since 2013. The aim of the research was to identify the main legal grounds of dismissals from public services and the number of applications to the courts of Georgia to restore violated rights and decisions of courts in favor of plaintiffs. It was analyzed within the framework of the research practices of European states related to the reinstatement and compensation of dismissed workers. The IDJ detected that court hearings of the cases are stretched in time, which directly causes unreasonable spending of state budget. The public entities usually do not use possibilities to settle the dispute with agreement and apply to appeal or cassation courts.

The researchers elaborated concrete recommendations aiming to solve problematic issues and prevent from disproportional use of public funds. In their opinion, the Government of Georgia shall promote a meaningful social dialogue at the enterprise level in order to facilitate the formation of sound labor relations. As an important enforcement mechanism of labor legislation, they shall create a fully-fledged State Labor Inspection which will significantly decrease cases of labor disputes in the courts and speed up the process of restoration of violated labor rights. Furthermore, the Government shall conduct comprehensive analysis of the cases of removals and court decisions obliging the state organizations to pay compensations with an aim to elaborate unified instructions for public organizations to minimize cases of illegal removals and prevent amount of unreasonable expenditure of state funds.

Institute for Justice and Development, Friedrich-Ebert-Stiftung

Electronic Ed., Tbilisi 2018