ON THE LABOUR INSPECTION SERVICE

ON THE LABOUR INSPECTION SERVICE
Document number 7178-Iს
Document issuer Parliament of Georgia
Date of issuing 29/09/2020
Document type Law of Georgia
Source and date of publishing Website, 05/10/2020
Registration code 270160000.05.001.020211
Consolidated publications
7178-Iს
29/09/2020
Website, 05/10/2020
270160000.05.001.020211
ON THE LABOUR INSPECTION SERVICE
Parliament of Georgia
Attention! You are not reading the final edition. In order to read the final edition, please, choose the respective consolidated version.

Initial version (05/10/2020 - 30/11/2022)

 

LAW OF GEORGIA

ON THE LABOUR INSPECTION SERVICE

 

Chapter I − General Provisions

 

Article 1 − Scope of the Law

This Law defines the basic principles and areas of the activities of the Labour Inspection Service, the powers of the Labour Inspection Service, the exercise of these powers, and issues related to ensuring the effective application of labour norms.

 

Article 2 − Legal status of the Labour Inspection Service

The Labour Inspection Service is a legal entity under public law under the control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, which is established in accordance with the Law of Georgia on Legal Entities under Public Law and to which the Law of Georgia on Public Service applies.

 

Article 3 − Definition of terms

For the purposes of this Law, the terms used herein shall have the following meanings:

a) labour norms − the provisions of the Constitution of Georgia, international agreements of Georgia, the Organic Law of Georgia the Labour Code of Georgia, the Organic Law of Georgia on Occupational Safety, the Law of Georgia on Public Service, the legislation of Georgia prohibiting forced labour and trafficking in the workplace, ordinances of the Government of Georgia, orders of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs, any other normative acts of Georgia on labour rights and employment conditions, employment agreements, collective employment agreements, as well as agreements reached as a result of mediation in collective disputes, and rules of arbitration awards;

b) Ministry − the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia;

c) Minister − the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia;

d) Labour Inspection Service − a legal entity under public law under the control of the Ministry established under the Law of Georgia on Legal Entities under Public Law;

e) chief labour inspector − the head of the Labour Inspection Service;

f) labour inspector − a person appointed by the chief labour inspector in accordance with the procedure established by the legislation of Georgia;

g) Code of Conduct − the Code of Conduct for Labour Inspectors approved by the Minister in accordance with this Law;

h) employer − a natural person, a legal person, or an association of persons defined by the Organic Law of Georgia the Labour Code of Georgia, for whom certain work is being performed on the basis of an employment agreement; or a public institution provided for by the Law of Georgia on Public Service;

i) employee − a natural person defined by the Organic Law of Georgia the Labour Code of Georgia, who performs certain work on the basis of an employment agreement; or a public servant provided for by the Law of Georgia on Public Service;

j) workplace − a specific place where an employee or other person directly carries out labour activities;

k) work space − a combination of all workplaces and the territory where employees or other persons are present or move for occupational purposes, and which is controlled directly or indirectly by an employer;

l) occupational disease – the acute or chronic disease of an employee which is contracted as a result of exposure to the hazardous factors of an occupational environment and a work process, causing a deterioration in health status and/or the limitation of professional work capacity for a short or long period, and which is defined by the legislation of Georgia;

m) interested person − an employee in respect of whom a right under labour norms has been violated, or other employee who works in the same establishment and to whom the fact of violation of the right under labour norms has become known; or an employees' association formed for the purposes determined, and in accordance with the procedure established, by the Organic Law of Georgia on Trade Unions; or the Public Defender's Office of Georgia.

 

Chapter II − Main Provisions

 

Article 4 − Principles of the activities of the Labour Inspection Service

1. In carrying out its activities, the Labour Inspection Service shall be guided by the Constitution of Georgia, international agreements of Georgia, the Organic Law of Georgia the Labour Code of Georgia, the Organic Law of Georgia on Occupational Safety, the Law of Georgia on Public Service, the statute of the Labour Inspection Service, and other legislative and subordinate normative acts of Georgia.

2. The Labour Inspection Service shall be guided by the following principles in carrying out the activities provided for by this Law:

a) objectivity and impartiality;

b) lawfulness;

c) professionalism;

d) protection of confidentiality.

 

Article 5 − Aim, functions, and main areas of the activities of the Labour Inspection Service

1. The aim of the Labour Inspection Service is to ensure the effective application of labour norms.

2. The Labour Inspection Service shall use, inter alia, the following mechanisms to achieve the aim stated in paragraph one of this article:

a) upon request, provide consultation and/or information on compliance with labour norms;

b) provide the public with information promoting the observance of labour norms, and take care of the raising of public awareness through information campaigns and other effective actions;

c) receive and review complaints related to possible violations of labour norms;

d) conduct inspections;

e) draw up proposals to improve the labour legislation of Georgia and ensure the better application thereof.

3. The Labour Inspection Service shall exercise powers conferred on it under this Law in such a way as to have the greatest possible impact on the effective application of labour norms.

4. The activities of the Labour Inspection Service shall not apply to the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Special State Protection Service, the Georgian Intelligence Service, the State Security Service of Georgia and the agencies subordinate thereto, if the issues provided for by this Law are regulated by special legislation that is effective in the systems of the Ministry of Internal Affairs of Georgia, the Ministry of Defence of Georgia, the Special State Protection Service, the Georgian Intelligence Service and the State Security Service of Georgia.

5. This Law shall not apply to labour activities during a state of emergency or martial law, in accordance with the legislation of Georgia.

 

Chapter III − Property, Structure and Activities of the Labour Inspection Service

 

Article 6 − Property and funding of the Labour Inspection Service

1. The Labour Inspection Service shall have property to achieve its aim and perform its functions.

2. The sources of funding of the Labour Inspection Service shall be:

a) special-purpose funds allocated from the State Budget of Georgia;

b) grants;

c) other revenues permitted by the legislation of Georgia.

3. The property, funding and revenues provided for by this article shall be wholly used for achieving the aim of the Labour Inspection Service and carrying out the main areas of its activities.

 

Article 7 − Structure of the Labour Inspection Service

1. The Labour Inspection Service shall be managed by a chief labour inspector, who is appointed and may be dismissed by the Minister.

2. A chief labour inspector shall have at least 2 deputies, one of whom shall be a first deputy.

3. A first deputy labour inspector and a deputy chief labour inspector(s) shall be appointed, and may be dismissed, by the chief labour inspector. The scope of oversight of a first deputy chief labour inspector shall include ensuring the effective application of labour norms, except for labour norms related to occupational safety and health, ensuring the effective application of which falls within the scope of oversight of the other deputy chief labour inspector(s).

4. Candidates for the posts of chief labour inspector and his/her deputies shall be selected through a simplified competition established by the Law of Georgia on Legal Entities under Public Law.

5. If a chief labour inspector is absent, unable to exercise his/her powers, or his/her powers are terminated, a first deputy chief labour inspector shall exercise the powers of the chief labour inspector, and if the first deputy chief labour inspector is absent, another deputy chief labour inspector shall exercise the powers of the chief labour inspector.

6. The structure of the Labour Inspection Service and the rules of administrative organisation shall be determined by the statute of the Labour Inspection Service. The statute shall be approved by the Minister.

7. State control over the Labour Inspection Service shall be exercised by the Minister, who shall supervise the legality and efficiency of the activities of the Labour Inspection Service, as well as its financial and economic activities. The Minister shall be authorised to suspend or annul an unlawful decision of a chief labour inspector by virtue of exercising state control over the Labour Inspection Service.

 

Article 8 − Chief labour inspector

1. A chief labour inspector shall:

a) manage the Labour Inspection Service and make decisions within his/her powers on issues falling within the competence of the Labour Inspection Service;

b) on the basis of this Law, the statute of the Labour Inspection Service and other relevant normative acts of Georgia, and to implement same, issue individual legal acts, including decisions, orders, and instructions;

c) develop and submit to the Minister for approval the structure, the staff list, and the powers of the structural units and employees, of the Labour Inspection Service. Within the framework of the Law of Georgia on Remuneration in Public Institutions and the Law of Georgia on Public Service, issues related to the classification of posts, and the remuneration of labour inspectors, shall be determined by an administrative act of a chief labour inspector;

d) appoint and dismiss labour inspectors and other employees of the Labour Inspection Service;

e) ensure the protection and targeted use of state property transferred to the Labour Inspection Service;

f) in compliance with the requirements of the Law of Georgia on Public Service, determine the qualifications requirements necessary for the appointment to a post of labour inspector;

g) exercise other powers provided for by this Law, the statute of the Labour Inspection Service, and other legislative and subordinate normative acts of Georgia.

2. A chief labour inspector shall appoint as many labour inspectors as are necessary to ensure that the Labour Inspection Service performs its functions effectively. When appointing labour inspectors, a chief labour inspector shall take into account their qualifications and gender. If necessary, male and female labour inspectors may be assigned special duties.

3. A chief labour inspector shall ensure the professional development, qualifications upgrade and vocational training of labour inspectors, including periodic training.

4. A chief labour inspector is authorised to cooperate with higher and vocational education institutions in order to develop and improve training modules for labour inspectors.

 

Article 9 − Board of Advisors

1. The Board of Advisors is a consultative body for a chief labour inspector, which produces recommendations for the Labour Inspection Service on the strategy, functioning and activities of the Labour Inspection Service.

2. The Board of Advisors shall be composed of 7 members. The term of office of a member of the Board of Advisors shall not exceed 2 years. The same person may be nominated as a member of the Board of Advisors only twice in a row.

3. The members of the Board of Advisors shall be:

a) 2 representatives nominated by all the members of the employees' associations − a party to the Tripartite Social Partnership Commission;

b) 2 representatives nominated by all the members of the employers' associations − a party to the Tripartite Social Partnership Commission;

c) 1 member of the Healthcare and Social Issues Committee of the Parliament of Georgia; 1 member of the Human Rights and Civil Integration Committee of the Parliament of Georgia;

d) 1 representative of the Public Defender of Georgia.

4. The Board of Advisors shall draw up, and approve by a simple majority of votes, the procedures for the activities of the Board of Advisors.

 

Article 10 − Annual report of a chief labour inspector

1. A chief labour inspector shall submit a report on the activities of the Labour Inspection Service to the Board of Advisors and the Parliament of Georgia once a year, no later than 6 months after the end of the calendar year.

2. An annual report of a chief labour inspector shall contain:

a) a review of the legislation of Georgia and other regulatory norms related to the activities of the Labour Inspection Service;

b) the future vision and strategy of the Labour Inspection Service;

c) information on the number of employees of the Labour Inspection Service;

d) statistical data on workplaces that are subject to inspection;

e) statistical data on visits carried out for inspection purposes;

f) statistical data on identified violations and measures of liability imposed;

g) statistical data on accidents;

h) statistical data on occupational diseases.

3. An annual report of a chief labour inspector is public information.

4. The Parliament of Georgia shall review the annual reports of a chief labour inspector in accordance with the procedures established by the Rules of Procedure of the Parliament of Georgia.

 

Chapter IV − Status, Scope of Activities, and Legal Guarantees of Labour Inspector

 

Article 11 − Status and scope of activities of a labour inspector

1. A labour inspector is a public servant (a public officer/person employed on the basis of an employment agreement). Issues related to appointment to a post of labour inspector and the remuneration of a labour inspector, and the status and social guarantees thereof, shall be determined by the Law of Georgia on Public Service and the Law of Georgia on Remuneration in Public Institutions.

2. A labour inspector shall exercise the powers conferred on him/her under this Law:

a) within reasonable bounds and in compliance with the requirements of this Law, taking into account the interests of the person(s) in respect of whom powers are being exercised by the labour inspector;

b) in accordance with the procedure established by the Code of Conduct.

3. The Labour Inspection Service shall provide health insurance for labour inspectors at its own expense. The minimum conditions for health insurance for labour inspectors shall be determined by an administrative act of the chief labour inspector.

 

Article 12 − Liability for obstructing the exercise of the powers of the Labour Inspection Service

Liability for intentionally obstructing the exercise by the Labour Inspection Service of its powers under this Law shall be determined by the legislation of Georgia.

 

Chapter V − Grounds for Initiating Inspections, Application and Enforcement of Labour Norms

 

Article 13 − Grounds for initiating labour inspections

1. The Labour Inspection Service shall carry out inspections:

a) on the basis of a complaint of an interested person;

b) on its own initiative, in accordance with the Ordinance of the Government of Georgia on the Approval of Procedures and Conditions for Entry to, and the Inspection of, Sites Subject to Inspection;

c) on the basis of a notification from any identifiable person of the violation of the norms established by the Organic Law of Georgia on Occupational Safety.

2. A decision to carry out an inspection provided for by this article shall be made by a chief labour inspector.

 

Article 14 − Time limit for reviewing complaints

1. The Labour Inspection Service shall make a decision on the application of administrative liability provided for by Article 20 of this Law no later than 2 months from receiving a respective complaint. A chief labour inspector may extend the time limit for reviewing a complaint by 1 month, taking into account the circumstances and complexity of the case, on the basis of a reasoned decision.

2. If the violation of any right provided for by labour norms threatens the life and/or health of a person, the Labour Inspection Service shall immediately respond to the received notification/complaint within the scope of its powers and capacity granted by the legislation of Georgia.

 

Article 15 − Procedure for requesting information

1. Any natural or legal person shall, upon the request of the Labour Inspection Service, provide it with documents and/or information (including those containing professional secrets or personal data (including special category data)) required for an inspection as provided for by this Law. The Labour Inspection Service shall be authorised to request a tax secret from a tax authority.

2. Any natural person or legal person shall immediately provide the Labour Inspection Service with documents and/or information requested by the Labour Inspection Service on the basis of paragraph 1 of this article.

 

Article 16 − Procedure for carrying out inspections

1. A labour inspector shall present an identification card to access a workplace or a work space, which has been given to him/her for the exercise of the powers and the fulfilment of functions as provided for by this Law, to:

a) an employer or his/her representative;

b) the owner of the workplace or work space or his/her representative.

2. To carry out an inspection, a labour inspector shall be authorised to:

a) enter, freely and without prior notice, any workplace or work space subject to inspection at any time of the day, in accordance with the Ordinance of the Government of Georgia on the Approval of Procedures and Conditions for Entry to, and the Inspection of, Sites Subject to Inspection;

b) enter, without prior notice, any building/space at any time of the day, on the basis of an order issued by a court, if the labour inspector has a reasonable suspicion that there is a case of forced labour or labour exploitation;

c) request the inviolability of a workplace, work space, or any part thereof, for a period that is necessary within reasonable bounds to carry out an inspection in the workplace or work space;

d) search, request and inquire into any material, item and/or substance that is related to a possible administrative offence, and/or any information or document that the labour inspector considers necessary within reasonable bounds to carry out an inspection;

e) seal and/or seize, or make a copy of, any material, item, substance or document submitted on the basis this article, for the purposes of inspection. Procedures related to sealing and/or seizure, including periods of sealing, shall be determined by a legal act of the Minister concerning the sealing and/or seizure of materials, documents or items;

f) take a sample of any material, item, substance or ambient air;

g) survey, take photographss, record video, keep records, and make extracts;

h) interview any person in a workplace or work space. A labour inspector shall not be authorised to request the said person to provide information on the basis of which this person might be exposed;

i) invite and interview an employer, employee or any other person to the Labour Inspection Service, subject to confidentiality;

j) inspect or examine an employer's workplace or work space, materials, machinery or any other equipment and/or tools;

k) request any person in a workplace or work space that is subject to inspection to hand over materials, items, substances or documents at the disposal of that person and/or explain entries in any document, which the labour inspector considers necessary within the reasonable bounds to carry out an inspection, irrespective of whether or not it is in the employer's workplace or work space;

l) use, if necessary, the assistance of a respective interpreter or technical expert;

m) issue an individual legal act on an administrative offence case, draw up an administrative offence report, apply a measure of administrative liability and issue relevant instructions within the limits of the Organic Law of Georgia the Labour Code of Georgia, the Organic Law of Georgia on Occupational Safety, and this Law.

3. A labour inspector who temporarily seals and/or seizes any material, item or document on the basis of the authority granted to him/her under this Law, shall, upon the request of the holder of such material, item or document, enable him/her to take a copy or photo of the said material, document or item.

4. In the case of the sealing and/or seizure of any material, document or item, a labour inspector shall draw up a report on the sealing and/or seizure of the material, document or item, and shall transfer a copy to the person referred to in paragraph 1 of this article.

5. In the case of the sealing and/or seizure of any material, document or item, a labour inspector shall enable the holder of the material, document or item, or his/her authorised representative, taking into account the particularities of and the need for the material, document or item, to inspect, or make a copy of, this material, document or item at reasonable intervals.

6. If a labour inspector takes a sample of a material, item, substance or ambient air in accordance with this Law, he/she shall notify the employer to this effect, or the owner, possessor, or prospective possessor of the workplace, and shall transfer a part of the sample to him/her.

 

Article 17 − Cooperation with state and municipal bodies

1. In the cases provided for by Articles 15 and 16 of this Law, the provisions related to the request of information and inspection shall not apply to materials reflecting operative and investigative activities.

2. In the cases provided for by Articles 15 and 16 of this Law, the Labour Inspection Service shall be authorised to request a document and/or information related to the protection of public safety/crime prevention, crime investigation and criminal prosecution in accordance with the procedure established by the legislation of Georgia.

3. Carrying out inspections provided for in Articles 15 and 16 of this Law, requesting documents and/or information, as well as using photo and video equipment when inspecting a workplace or work space, in bodies implementing a state-secret regime (including bodies in which a registry/sub-registry of NATO classified information is established) shall be permitted only with the consent of the relevant body implementing a state-secret regime.4. Materials containing state secrets shall be available for the Labour Inspection Service in accordance with the procedure established by the legislation of Georgia on state secrets.

5. The Labour Inspection Service may cooperate with state and municipal bodies in various forms.

6. Where necessary, the Labour Inspection Service may, as an exception, carry out joint inspections in cooperation with other relevant state and municipal bodies exercising supervision.

7. Where the Labour Inspection Service has a suspicion that an offence or a crime has been committed that goes beyond its powers, the Labour Inspection Service shall immediately notify the authorised state body and/or the municipal body thereof in writing.

8. The procedure for the coordinated work and functioning of the Labour Inspection Service and investigative bodies may be established, and issues of information exchange may be determined, by a joint order of the Minister and an authorised person of a relevant body.

 

Chapter VI − Conflicts of Interests and Protection of Confidentiality

 

Article 18 − Conflicts of interests

1. A labour inspector shall not have any property or other personal interests in a site that is subject to inspection. Where the labour inspector has property or other personal interests in a site that is subject to inspection, he/she shall notify his/her immediate superior thereof as soon as possible. Issues related to conflicts of interests are determined by the Law of Georgia on Conflict of Interest and Corruption in Public Institutions.

2. Failure by a labour inspector to comply with the obligation provided for by this article shall result in his/her dismissal and other liability provided for by the legislation of Georgia.

 

Article 19 − Protection of confidentiality

1. A labour inspector shall not, except in the cases provided for by the legislation of Georgia, disclose information that becomes known to him/her in the course of performing his/her official duties. In the case of the non-fulfilment of this obligation, the labour inspector shall be held liable as provided for by the legislation of Georgia. The labour inspector shall owe the said obligation even if his/her powers have been terminated.

2. A labour inspector shall not disclose the identity of the author of a complaint received by the Labour Inspection Service, unless the labour inspector provides information to his/her immediate supervisor.

3. Complaints received by the Labour Inspection Service and/or the interviewing of persons by a labour inspector shall be fully protected by a guarantee of confidentiality. A labour inspector and all the employees of the Labour Inspection Service shall not disclose the identity of the author of a complaint and/or an interviewee. When carrying out an inspection, the Labour Inspection Service shall not indicate that the inspection has been initiated on the basis of a complaint.

4. The identity of the author of a complaint received by the Labour Inspection Service and/or the interviewee (information about him/her) may be disclosed only with the consent of the person concerned or in the case provided for by the legislation of Georgia.

5. A labour inspector shall protect the confidentiality of information obtained in the course of exercising the powers conferred on him/her under this Law. A labour inspector may provide this information to the interested state authorities of Georgia, if there is a legal basis for providing this information.

6. Failure to comply with the obligation provided for by this article shall result in the dismissal of the labour inspector or other disciplinary liability.

 

Chapter VII − Administrative Liability for the Violation of Labour Norms and Procedure for Appeal

 

Article 20 − Administrative liability for the violation of labour norms

1. Administrative liability for the violation of labour norms shall be determined by:

a) the Organic Law of Georgia on Occupational Safety;

b) the Organic Law of Georgia the Labour Code of Georgia.

2. Issues related to administrative liability for violations related to occupational safety norms shall be regulated by the Organic Law of Georgia on Occupational Safety and other special laws. Issues which are not regulated by the Organic Law of Georgia on Occupational Safety or other special laws shall be regulated by this chapter.

3. The following administrative penalties may be applied for the violation of labour norms:

a) a warning;

b) a fine;

c) a suspension of the work process.

4. The Labour Inspection Service shall enjoy a discretionary power in deciding, within the ambit of the Organic Law of Georgia the Labour Code of Georgia and the Organic Law of Georgia on Occupational Safety, when and which administrative penalty must be applied, and, in the case of a fine, the amount of the fine to be imposed. The administrative penalty shall be commensurate with the violation.

5. When applying an administrative penalty referred to in paragraph 3(a), (b) or (c) of this article, the Labour Inspection Service shall issue an instruction to remedy the identified violation within a reasonable time determined by the Labour Inspection Service.

6. The Labour Inspection Service shall determine a reasonable time for remedying the identified violation on the basis of consultations with the employers’ or the employees’ association (if any) and/or the employees’ representative (if any), which shall be recorded in a respective protocol. The protocol shall be signed by the Labour Inspection Service and the employer. The Labour Inspection Service shall specify in the protocol an employer's refusal to sign a relevant protocol and the reason therefor. An employer's refusal shall not affect the validity of the said protocol.

7. The Labour Inspection Service shall inspect the offender after the lapse of the time established by an instruction issued on the basis of paragraph 3(a), (b) or (c) of this article for remedying an identified violation, and an inspection report shall be drawn up. The inspection report shall indicate the status of the fulfilment of the said instruction, in particular, whether:

a) the instruction has been fulfilled;

b) the instruction has not been fulfilled.

8. In the case of failure to remedy a violation within the time established by an instruction issued for remedying the identified violation, the Labour Inspection Service shall make a decision on applying the administrative penalty referred to in paragraph 3(b) of this article and giving the offender an additional reasonable time to comply with the issued instruction.

9. Where an administrative offence has been committed, the Labour Inspection Service shall issue a relevant administrative act. The act shall immediately be handed over to the party concerned. If an administrative offence report has not been served in person on the party specified in the report, the rule established by Article 18(8) of the Organic Law of Georgia on Occupational safety shall apply.

10. Where an imposed fine is not paid within the established time limit, the Labour Inspection Service shall impose a default charge in the amount of double the said fine. Where the fine and/or the default charge is/are not paid within 30 days from the imposition of the default charge, compulsory enforcement shall be carried out in accordance with the Law of Georgia on Enforcement Proceedings.

11. The imposition of an administrative penalty shall not release the employer from an obligation to fulfil the requirements of the legislation of Georgia.

12. The administrative penalty referred to in paragraph 3(c) of this article, except for other cases of the suspension of a work process by the Labour Inspection Service as provided for by the legislation of Georgia, may also be applied in respect of violations of provisions prohibiting child labour and/or forced labour.

13. Issues related to administrative offence proceedings shall also be regulated by the Administrative Offences Code of Georgia, unless otherwise provided for by this Law.

 

Article 21 − Procedure for appeal

1. Decisions on administrative offence cases provided for by this chapter shall be made by a labour inspector. The decision of a labour inspector may be appealed to a court in accordance with the procedure established by the legislation of Georgia.

2. The form of an administrative offence report provided for by this chapter shall be determined, and the procedure for completing, submitting and serving it shall be established, by an administrative act of the Minister.

 

Chapter VIII − Transitional and Final Provisions

 

Article 22 − Transitional provisions

1. By January 1, 2021, the Minister shall appoint a chief labour inspector.

2. The chief labour inspector shall call the first meeting of the Board of Advisors within 3 months from being appointed. The Board of Advisors shall be authorised to draw up and approve the procedure for the activity of the Board of Advisors if at least two thirds of the members of the Board of Advisors are present at the meeting of the Board of Advisors.

3. By 1 January 2021, the Ministry shall ensure:

a) the approval of the statute of the ₾Legal Entity under Public Law called the Labour Inspection Service;

b) the approval of the Code of Conduct for Labour Inspectors.

4. By 1 January 2021, the Ministry shall be reorganised, and the functions and powers of the Labour Conditions Inspection Department of the Ministry shall be transferred to the Labour Inspection Service.

5. The Labour Inspection Service shall be deemed a legal successor of the Ministry in terms of the powers conferred on the Labour Conditions Inspection Department of the Ministry.

6. Where necessary, the Labour Inspection Service shall ensure the transfer to respective posts without competition of employees employed in the Ministry on the basis of agreements before the entry into force of this Law.

7. The legal acts issued by the Labour Conditions Inspection Department of the Ministry shall remain in force.

8. The Ministry shall, within 10 working days from the entry into force of this Law, set up a commission, which shall prescribe a time limit and which shall, within this time limit, identify, dispose of, and transfer to the Labour Inspection Service the assets, current liabilities, and official documents (including respective archive materials and other documents) to be transferred to the Labour Inspection Service, and property necessary for the functioning of the Labour Inspection Service. Other powers of the said commission shall be determined by an order of the Minister.

9. By 1 January 2021, the Ministry shall ensure that appropriate subordinate acts are drafted for the purposes of compliance with this Law and necessary measures are implemented to adopt/issue those acts.

 

Article 23 − Entry into force of the Law

This Law shall enter into force upon its promulgation.

 

 

President of Georgia                                 Salome Zourabichvili

 

Tbilisi

29 September 2020

No 7178-I