Possible changes in Georgia’s labor code see equal salary for men and women

The Labor Code amendments package, among other things, identifies the signs of labor discrimination, saying that equal work for men and women should be paid equally.

The package of amendments, which was initiated by the MP Dimitry Tskitishvili, a member of the ruling Georgian Dream, has not yet been introduced to parliament and it is still in the process of moderation. According to the author, it is planned to submit it to the parliament in October.

The current version of the document of the Labor Code reads that:

- The issues of equal pay for equal work for men and women have been specified

- The list of prohibited signs of labor discrimination has been expanded

- In the case of labor discrimination, including in the case of dismissal of an employee, the burden of proof in the case of discrimination is on the employer;

Even though the draft version envisages equal pay to men and women, the package does not specify how this principle should be implemented. However, the document states that the rules and regulations required by this principle should be determined by the Ministry of IDPs, Labor, Health and Social Affairs after consulting with social partners.

In addition, the draft Labor Code clarifies the types of direct and indirect discrimination. It reads that direct discrimination is when a person is mistreated because of one of the discrimination signs in relation to another person who is, has been, or may have become, more favorable in a similar situation.

It adds that indirect discrimination is when a neutral provision, criterion or practice renders a person disadvantaged by any sign in comparison with another person in similar circumstances, except when such provision, criterion or practice is objectively justified with a legitimate purpose.

Also, it will not be considered as discrimination when a special measure was designed to meet the specific needs of persons who are generally recognized as requiring special protection or support in view of their sex, age, disability, family responsibility, or social or cultural status.

According to Tskitishvili, the package is aimed to meet the requirements of the EU accession treaty with the relevant European directives, the recommendations of the International Labor Organization and also meet the requirements of the General System of Trade Preferences with the United States.

To note, the current Labor Code already prohibits any discrimination in labor and pre-contractual relationships on grounds of race, color, language, ethnicity or social origin, nationality, origin, property or title, place of residence, age, sex, sexual orientation, disability, religious, social standing. It also prohibits discrimination in case of political belonging, membership to the trade unions, affiliation, marital status, political or other beliefs or other reasons.

Public Defender of Georgia, Nino Lomjaria, stated earlier that ensuring gender equality in labor relations and economic empowerment of women remains a challenge in Georgia, which in turn has a negative impact on women's legal status, including increasing their vulnerability to discrimination and domestic violence.

Also, PMCG organization published an overview of the gender pay gap in Georgia and indicates that as of 2018, the difference in salaries of men and women is 37% and if the trend does not change, it will take about 30 years to eliminate the existing differences.

The organization says that last year the average salary of a man in Georgia was 1360.5 GEL and the salary of a woman was 856.2 GEL which means a difference of 37.07%.

Moreover, in late August, Women’s Movement in Georgia protested against the existing pay gap in the country. They said the difference between men and women salaries in Georgia is 36%.

The organization said studies show that high wage differences directly increase the number of economically inactive women and it also has a bad impact on child poverty.