The Comparison MATRIX

					The Comparison MATRIX
Contents

Guidelines on Local Partnerships for the Development of Employment ................................................................................................................... 270
COUNCIL DECISION on Guidelines for the Employment Policies of the Member States (2005/600/EC) ......................................................... 273
Revised Strategy for Social Cohesion ............................................................................................................................................................................... 279
The Lisbon Special European Council: Towards a Europe of Innovation and Knowledge ..................................................................................... 300
A New Community Strategy on Health and Safety at Work 2002–2006..................................................................................................................... 301
A New Start for the Lisbon Strategy................................................................................................................................................................................. 307
Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at
work of pregnant workers and workers who have recently given birth or are breastfeeding ................................................................................ 308
COUNCIL DIRECTIVE 94/33/EC on the protection of young people at work....................................................................................................... 314
Council directive 98/59/EC on the approximation of the laws of the Member States relating to collective
redundancies ........................................................................................................................................................................................................................ 321
Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation................................... 325
Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health
of workers at work ............................................................................................................................................................................................................ 329
COUNCIL DIRECTIVE on an employer's obligation to inform employees of the conditions applicable to the contract
or employment relationship (91/533/EEC) .................................................................................................................................................................... 343
Council directive 93/104/EC concerning certain aspects of the organization of working time ............................................................................. 349
Council directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of
employees’ rights in the event of transfers of undertakings, businesses or pats of undertakings or businesses ................................................. 351
EUROPEAN CONVENTION ON THE LEGAL STATUS OF MIGRANT WORKERS............................................................................................. 352
          Sphere                                                                                                         Employment
  Date of Paper Adoption
                                                                                                                                                                                                                                 Armenia      Georgia
       Paper name                                                                      Guidelines on Local Partnerships for the Development of Employment
   European Legislation                                             Armenian Legislation                                                               Georgian Legislation
                                                                                                                                                                                                                                  Ap-         Ap-
 Arti-                                                                                                                                                                                                                           proxi-      proxi-
 cle/    Point                       Date of                                                                      Num- Adopt- Date of                                   Type                                   Num-               ma-         ma-
                                                                        Type of                         Name of                                                                                     Name of             Adopting        Sour        Sour
annex      in          Content       Arme-             Contents                       Comments                      ber     ing     Georgian           Contents          of        Comments                     ber               tion        tion
                                                                          act                              act                                                                                        act                 body           ce          ce
num-     article                    nian act                                                                      of act body          act                               act                                   of act             (No,        (No,
 ber                                                                                                                                                                                                                              Yes,       Yes,
                                                                                                                                                                                                                                  N/A)       N/A)
                 The following Guidelines on local partnerships for the development of employment were agreed by the Committee of Experts on Promoting Access to Employment (CS-EM). Their prime purpose is to ad-
                 dress the problem of long-term unemployment effectively at local level but they are guidelines to be applied in a national context.
                 Local partnerships
                 1 A multi-partite and inclusive approach to partnership in local employment programmes is essential. Partnerships should involve as wide a range of organizations as possible, including central, regional and N/A          N/A
                 local governments, bodies responsible for paying social benefits, social services, employer and business organizations, trade unions, NGOs, and civil society organizations and those representing the unem-
                 ployed and ethnic minorities.
                 Local partnerships should strive to promote a policy of integration and coherence between national, regional, and local job creation programmes, such as the co-ordination of employment and labor market N/A               N/A
                 policies together with business and infrastructure development.
                 2 Adequate and sustainable funding is fundamental for the success of any local employment partnership.                                                                                                          N/A         N/A
                 Equal opportunities between men and women
                 3 Equal oppor- 08.04.20 The project will contribute Decree                           The Na- 645-N RA                                                        These provisions                                   Yes         N/A
                 tunities be-       04       to the process of ensur-                                 tional Ac-         Govern                                               on anti-
                 tween men and               ing equal rights and op-                                 tion Plan          ment                                                 discrimination are
                 women should                portunities for men and                                  on Im-                                                                  provided by Geor-
                 be main-                    women, which is a pre-                                   proving                                                                 gian Constitution
                 streamed in all             requisite for building a                                 the Status                                                              and Labor Code.
                 local employ-               democratic and social                                    of Women                                                                No special pro-
                 ment initiatives.           state governed by the                                    in the Re-                                                              grams or policies
                                             rule of law and for estab-                               public of                                                               regard this issue is
                                             lishing a civil society.                                 Armenia                                                                 available in Geor-
                                                                                                      and En-                                                                 gia.
                                                                                                      hancing
                                                                                                      their Role
                                                                                                      in the So-
                                                                                                      ciety
                                                                                                      (NAP
                                                                                                      2004-
                                                                                                      2010)
                 4 Where nec- 08.08.20 Promotion of self-               Decree                        Poverty 994-N RA                                                                                                           Yes         N/A
                 essary, eco-       03       employment and small                                     Reduction          Govern
                 nomically dis-              entrepreneurship through                                 Strategy           ment
                 advantaged                  investment of micro-loan                                 Paper
                 women, in par-              systems is a priority es-
                 ticular those               pecially for reducing pov-
                 with family or              erty within socially vul-
                 caring respon-              nerable groups, namely,
                 sibilities, should          breadwinning women of
                 have access to              households.
                 special training
                 and other sup-
port pro-
grammes spe-
cifically de-
signed to meet
their circum-
stances, in par-
ticular afford-
able, accessible
and good qual-
ity day-care fa-
cilities for chil-
dren and other
caring needs.
5 The organization of work should provide flexible working arrangements for women and men, such as part-time work and flexible working time, to facilitate their family or caring commitments.                        N/A   N/A
Non-discrimination towards disadvantaged groups
6 Access to and participation in local employment pro-             These provisions are absent in the strategic papers of the RA Government regarding the social These provisions on anti-discrimination are pro-     N/A   N/A
grammes should be non-discriminatory on grounds of dis- sphere, but they are secured in the RA Constitution and Labor Code. In addition, the RA has vided by Georgian Constitution and Labor Code.
ability, ethnicity, age or other forms of discrimination.          singed several international agreements, which prohibit any kind of discrimination.           No special programs or policies regard this issue
                                                                                                                                                                 is available in Georgia.
7 While recognizing the principle of non-discrimination, it is These provisions are absent in the strategic papers of the RA Government regarding the social sphere, but they are secured in the RA Constitu-         N/A   N/A
sometimes necessary to positively discriminate in favor of tion and Labor Code. In addition, the RA has singed several international agreements, which prohibit any kind of discrimination.
certain groups through targeted programmes in order to
combat their long-term unemployment. In such targeted pro-
grammes, integrated approaches are essential between the
various agencies involved, including social services, to en-
sure access to employment for such groups.
8 A policy of equal opportunities in access to local facilities – training programmes, employment advice, housing, health and social services etc. should be an integral part of the design and implementation of     N/A   N/A
local employment initiatives.
Entrepreneurship
9 For those who wish to start a business, either alone or in There is no a separately ratified strategy. However, in the RA this policy is implemented through adopting various legal acts. One of such acts is       N/A   N/A
association with others, advice and training on business, fi- the RA Government Resolution No 431 on Providing the Unemployed with the Necessary Procedures and Conditions for Engaging in Entrepre-
nancial, legal, marketing and technical issues, as well as on neurship and Opening Job Vacancies, dated June 10, 1999.
management of personnel is essential to ensure success, as
is the continued support of the relevant local and state
agencies. This should be available at no or low cost to the
start-up enterprise.
10 Voluntary and self-help projects should receive particular encouragement and support, including the possibility of fiscal incentives as such projects are often closer to local situations and can meet the so-    N/A   N/A
cial and economic needs of local communities not fulfilled by the profit-oriented private sector or by public sector organizations.
11 Access to adequate, affordable and sustainable funding is also vital for the long-term success of any business. Such funding should be easily accessible whether through public sources, the commercial            N/A   N/A
banking sector, credit unions or other alternative sources of finance or a combination of these
12 Entrepreneurs should be made aware of and have access to information on their rights and obligations regarding taxation, social insurance and labor laws.                                                          N/A   N/A
13 Programmes for entrepreneurship should be continually monitored and evaluated. This enables different approaches and methods to be adapted to changing needs and problems and possibly to be used                  N/A   N/A
in other locations, the so called ‘multiplier effect’. As a minimum, programmes should be reviewed regularly to ensure their effectiveness and to correct any problems or inefficiencies.
Education, training and life-long learning
14 Training and re-training in skills relevant to the demands of the local labor market are vital elements of any local employment initiative. However, local education and training policies cannot be formulated    N/A   N/A
in isolation from wider workplace and business developments. Consequently, in providing such training or re-training, the changing nature of work has to be taken into account and a key consideration of
education and training policies should be the need for training programmes to provide leadership, business and technical skills which are also marketable in the wider context of national and global labor
markets.
15 In responding to the need to provide sustainable long-term employment opportunities, greater co-operation is required between the local educational and training institutions, local employment agencies,
local government both elected representatives and officials, local enterprises and the representatives of the social partners in the development of education and training policies, in line with the available re-
sources and the labor market demands within the locality and/or region.
16 All education and training programmes should include modules on personal and social skills, job hunting and career planning and development, in line with the principles of ‘life-long learning’ and non-          N/A   N/A
formal education.
                                                                                                                                                                                                                  N/A   N/A
17 Opportunities need to be provided to workers to ensure that their skills and qualifications continue to be relevant to the ever-changing demands of the labor market. This should be done, through national
training policies, supported by local partnerships and local enterprises. Life-long learning’s objective should be to enable workers and those wishing to enter the labor market to keep up with the constant
changes in technology and markets and thus to have a place in the labor market.
18 All education and training programmes should include an element of ‘on the job’ placement and work experience as a means of assisting the integration/ re-integration of participants into the workforce.      N/A   N/A
19 It is essential that public works and community employment programmes include an element of skills training, so as to provide participants with the opportunity to find further employment at the end of the   N/A   N/A
programme.
Monitoring and evaluation
20 As part of the design of a local employment programme, an agreed monitoring system should be included. This process should be based on realistic targets; it should be quantifiable, providing data and        N/A   N/A
information which will have added value in the design and implementation of future programmes. It should be embedded in the policy making process
21 A process of ‘benchmarking’ of the results of programme evaluations against other projects at a national level, and/or trans-nationally, would provide useful data on the effectiveness of the programmes      N/A   N/A
and lead to the more efficient use of scarce financial and manpower resources.
22 In undertaking an evaluation of local employment programmes, the views of the target groups and participating individuals should be sought and taken into consideration in any assessment of the effec-        N/A   N/A
tiveness of the programmes.
          Sphere                                                                             Employment and Labor Organization
  Date of Paper Adoption                                                                                   12-Jul-05
                                                                                                                                                                                                   Armenia     Georgia
       Paper name                                                 COUNCIL DECISION on Guidelines for the Employment Policies of the Member States (2005/600/EC)
   European Legislation                                    Armenian Legislation                                                            Georgian Legislation
                                                                                                                                                                                                  Ap-         Ap-
 Arti-                                                                                                                                                                                           proxi-      proxi-
                             Date of
 cle/ Point                                                                                              Num- Adopt- Date of                           Type                      Num-             ma-         ma-
                              Arme-                             Type of                       Name of                                                                    Name of        Adopting        Sour        Sour
annex in        Content                       Contents                       Comments                     ber   ing Georgian          Contents          of    Comments            ber             tion        tion
                              nian                                act                           act                                                                        act            body           ce          ce
num- article                                                                                             of act body   act                              act                      of act           (No,        (No,
                               act
 ber                                                                                                                                                                                             Yes,        Yes,
                                                                                                                                                                                                 N/A)        N/A)
            THE EM-
            PLOYMENT
            GUIDELINES
            (2005 to 2008)
      Guide Implement employment policies aiming at achieving full employment, improving quality and productiv-     28-07-03 393) Ensuring labor mobil- De-              Economic 800    Georgian N/A        Yes
      line ity at work, and strengthening social and territorial cohesion                                                    ity is directly connected cree              Develop-        Govern-
      No 17                                                                                                                  with one of the most im-                    ment and        ment
                                                                                                                             portant objectives of the                   Poverty
                                                                                                                             economy – the enhance-                      Reduction
                                                                                                                             ment of labor productivity.                 Program
                                                                                                                             It is necessary to train la-                of Geor-
                                                                                                                             bor resources in the ex-                    gia
                                                                                                                             pected accelerated tech-
                                                                                                                             nological development,
                                                                                                                             especially in information
                                                                                                                             technologies. The fast
                                                                                                                             growth of modern equip-
                                                                                                                             ment and technology and
                                                                                                                             improvement of labor or-
                                                                                                                             ganization is also antici-
                                                                                                                             pated, which will set spe-
                                                                                                                             cial requirements on labor
                                                                                                                             resources.
                                                                                                                             394) Wages of govern-
                                                                                                                             ment employees should
                                                                                                                             be increased, so that for
                                                                                                                             the benefit of labor pro-
                                                                                                                             ductivity, they do not seek
                                                                                                                             other sources of income.
                                                                                                                             At the same time, it is re-
                                                                                                                             quired to define the status
                                                                                                                             of employees in the pri-
                                                                                                                             vate sector and the self-
                                                                                                                             employed and account for
                                                                                                                             their income in a proper
                                                                                                                             way. This will make them
                                                                                                                             legally employed and pro-
                                                                                                                             vide incentives and oppor-
                                                                                                                             tunities for them to ask for
                                                                                                                             and receive social or labor
                                                                                                                                    security.

Guide   Promote a lifecycle approach to work                                                                                                                                                                               N/A   N/A
line
No 18
Guide   Ensure inclusive labor markets, enhance work attractiveness, and make work pay for job-seekers, including disadvantaged people, and the inactive                                                                   N/A   N/A
line
No 19
Guide   Improve matching of labor market needs                                                                                                                                                                             N/A   N/A
line
 No20
Guide   Promote flexibility combined with employment security and reduce labor market segmentation,                                                                                                                        N/A   N/A
line    having due regard to the role of the social partners
No
21:
Guide   Ensure employment-friendly labor cost developments and wage-setting mechanisms                                                                                                                                     N/A   N/A
line
No 22
Guide   Expand and improve investment in human capital                                                                                                                                                                     N/A   N/A
line
No 23
Guide   Adapt education and training systems in response to new competence requirements                                                                                                                                    N/A   N/A
line
No 24
        Guidelines for the employment policies of the Member States
        Member States, in cooperation with the social partners, shall conduct their policies with a view to implementing the objectives and priorities for actions specified below. Reflecting the Lisbon strategy, the
        Member States' policies shall foster in a balanced manner:
        — Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labor, is vital to sustain economic growth and reinforce social cohe-           N/A   N/A
        sion;
        — Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work and labor productivity growth, and reducing the share   N/A   N/A
        of working poor. Synergies between quality at work, productivity and employment should be fully exploited;
        — Strengthening social and territorial cohesion: Determined action is needed to strengthen social inclusion, prevent exclusion from the labor market and support integration in employment of people at a dis-     N/A   N/A
        advantage, and to reduce regional disparities in terms of employment, unemployment and labor productivity, especially in regions lagging behind.
        Equal opportu- 08.04.20 The project will contribute Decree                            The Na- 645-N Govern                                                                                                         Yes   N/A
        nities and com- 04        to the process of ensur-                                    tional Ac-         ment of
        bating discrimi-          ing equal rights and op-                                    tion Plan          RA
        nation are es-            portunities for men and                                     on Im-
        sential for pro-          women, which is a pre-                                      proving
        gress. Gender             requisite for building a                                    the Status
        mainstreaming             democratic and social                                       of Women
        and the promo-            state governed by the                                       in the Re-
        tion of gender            rule of law and for estab-                                  public of
        equality should           lishing a civil society.                                    Armenia
        be ensured in                                                                         and En-
        all action taken.                                                                     hancing
        As part of a                                                                          their Role
        new intergen-                                                                         in the So-
        erational ap-                                                                         ciety
        proach, particu-                                                                      (NAP
        lar attention                                                                         2004-
        should be paid                                                                        2010)
        to the situation
        of young peo-
      ple, implement-
      ing the Euro-
      pean Youth
      Pact, and to
      promoting ac-
      cess to em-
      ployment
      throughout
      working life.
      Particular atten-
      tion must also
      be paid to sig-
      nificantly reduc-
      ing employment
      gaps for people
      at a disadvan-
      tage, including
      disabled peo-
      ple, as well as
      between third-
      country nation-
      als and EU citi-
      zens, in line
      with any na-
      tional targets.
      In taking action, Member States should ensure good governance of employment policies. They should establish a broad partnership for change by involving parliamentary bodies and stakeholders, including N/A        N/A
      those at regional and local levels. European and national social partners should play a central role. A number of targets and benchmarks which have been set at EU level in the framework of the European
      Employment Strategy in the context of the 2003 guidelines are included at the end of this Annex and should continue to be followed up with indicators and scoreboards. Member States are also encouraged
      to define their own commitments and targets, for which they should take these into account, as well as the 2004 recommendations agreed at EU level.
      Good governance also requires greater efficiency in the allocation of administrative and financial resources. In agreement with the Commission, Member States should target the resources of the Structural N/A     N/A
      Funds, in particular the European Social Fund, on the implementation of the European Employment Strategy and report on the action taken. Particular attention should be paid to strengthening institutional
      and administrative capacity in the Member States.
Guide Implement employment policies aiming at achieving full employment, improving quality and productivity at work, and strengthening social and territorial cohesion.                                             N/A   N/A
line
No 17
      Policies should contribute to achieving an average employment rate for the European Union (EU) of 70 % overall, of at least 60 % for women and of 50 % for older workers (55 to 64) by 2010, and to reduce
      unemployment and inactivity. Member States should consider setting national employment rate targets.
      In addressing these objectives, action should concentrate on the following priorities:
      — attract and retain more people in employment, increase labor supply and modernize social protection systems,                                                                                                N/A   N/A
      — improve adaptability of workers and enterprises,                                                                                                                                                            N/A   N/A
      — increase investment in human capital through better education and skills.                                                                                                                                   N/A   N/A
      1. ATTRACT AND RETAIN MORE PEOPLE IN EMPLOYMENT, INCREASE LABOR SUPPLY AND MODERNIZE SOCIAL PROTECTION SYSTEMS
      Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work. Promoting an in-        N/A   N/A
      creased labor supply in all groups, a new lifecycle approach to work and modernizing social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in so-
      ciety are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men, and
      the low employment rates of older workers and young people, as part of new intergenerational approach.
      Action is also required to tackle youth unemployment which is on average double the overall unemployment rate. The right conditions must be put in place to facilitate progress in employment, whether it is
      first time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions, employment security, access to lifelong
      learning and career prospects, is crucial, as are support and incentives stemming from social protection systems.
Guide Promote a lifecycle approach to work through:                                                                                                                                                                 N/A   N/A
line
No 18
      — a renewed endeavor to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact,                                                                   N/A   N/A
— resolute action to increase female participation and reduce gender gaps in employment, unemployment and pay,                                                                                                  N/A   N/A
— better reconciliation of work and private life and the provision of accessible and affordable childcare facilities and care for other dependants,                                                             N/A   N/A
— support for active ageing, including appropriate working conditions, improved (occupational) health status and adequate incentives to work and discouragement of early retirement,                            N/A   N/A
— modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and bet-   N/A   N/A
ter retention in employment and longer working lives.
Facilitating ac- 08.08.20 297. Employment pro-          Decree                        Poverty 994-N Govern 28-07-03 396) Special attention                    De-               Economic 800        Georgian    Yes   Yes
cess to em-       03        grams                                                     Reduction            ment of               should be paid to the de- cree                 Develop-            Govern-
ployment for job            include programs of pro-                                  Strategy             RA                    velopment of human re-                         ment and            ment
seekers, pre-               vision of consultancy to                                  Paper                                      sources in the creation of                     Poverty
venting unem-               job seekers, intermediary                                                                            effective employment sys-                      Reduction
ployment and                for finding employment                                                                               tem. This is especially with                   Program
ensuring that               (including the referral to                                                                           respect to state and pri-                      of Geor-
those who be-               other place of work), re-                                                                            vate employment services.                      gia
come unem-                  training and prequalifica-                                                                           Professional qualifications
ployed remain               tion of the unemployed,                                                                              need to be enhanced en-
closely at-                 assistance to the unem-                                                                              trepreneurial skills and
tached to the               ployed in conducting en-                                                                             professional standards
labor market                trepreneurial activities                                                                             developed. Attention
and increase                and in creation of addi-                                                                             should also be directed at
their employ-               tional job opportunities at                                                                          developing a market
ability are es-             employers, vocational                                                                                economy common mental-
sential to in-              training of the disabled,                                                                            ity and professional skills
crease partici-             work rehabilitation and                                                                              (management, finances,
pation and                  finding employment, or-                                                                              marketing, corporate man-
combat social               ganization of remuner-                                                                               agement), as well as re-
exclusion. This             ated public work (includ-                                                                            ducing the loss of human
requires break-             ing Benefit for Work), as                                                                            resources (emigration,
ing down barri-             well as programs of pro-                                                                             lack of qualifications).
ers to the labor            vision of monetary assis-                                                                            397) With growing eco-
market by as-               tance to unemployed job                                                                              nomic migration, the gov-
sisting with ef-            seekers and allocation of                                                                            ernment should work out
fective job                 unemployment benefits.                                                                               and implement appropri-
searching, fa-                                                                                                                   ate policies to help mi-
cilitating access                                                                                                                grants find jobs (agree-
to training and                                                                                                                  ments should be reached
other active la-                                                                                                                 with other countries on
bor market                                                                                                                       immigration quotas, inter-
measures and                                                                                                                     national professional stan-
ensuring that                                                                                                                    dards should be adopted
work pays, as                                                                                                                    and acknowledged), and
well as remov-                                                                                                                   also assist emigrants liv-
ing unemploy-                                                                                                                    ing abroad and ease their
ment, poverty                                                                                                                    return home.
and inactivity
traps. Special
attention should
be paid to pro-
moting the in-
clusion of dis-
advantaged
people, includ-
ing low-skilled
workers, in the
      labor market,
      including
      through the ex-
      pansion of so-
      cial services
      and the social
      economy, as
      well as the de-
      velopment of
      new sources of
      jobs in re-
      sponse to col-
      lective needs.
      Combating dis-
      crimination,
      promoting ac-
      cess to em-
      ployment for
      disabled people
      and integrating
      immigrants and
      minorities are
      particularly es-
      sential.
Guide Ensure inclusive labor markets, enhance work attractiveness, and make work pay for job-seekers, including disadvantaged people, and the inactive through:                                                         N/A   N/A
line
No19
      — active and preventive labor market measures including early identification of needs, job search assistance, guidance and training as part of personalized action plans, provision of necessary social ser-      N/A   N/A
      vices to support the inclusion of those furthest away from the labor market and contribute to the eradication of poverty,
      — continual review of the incentives and disincentives resulting from the tax and benefit systems, including the management and conditionality of benefits and a significant reduction of high marginal effective N/A   N/A
      tax rates, notably for those with low incomes, whilst ensuring adequate levels of social protection,
      — development of new sources of jobs in services for individuals and businesses, notably at local level.                                                                                                          N/A   N/A
      To allow more people to find better employment, it is also necessary to strengthen the labor market infrastructure at national and EU level, including through the EURES network, so as to better anticipate      N/A   N/A
      and resolve possible mismatches.
      In this context, mobility of workers within the EU is key and should be fully ensured within the context of the Treaties.
      Full consideration must also be given on the national labor markets to the additional labor supply resulting from immigration of third-country nationals.
Guide Improve matching of labor market needs through:
line
No 20
      — the modernization and strengthening of labor market institutions, notably employment services, also with a view to ensuring greater transparency of employment and training opportunities at national and N/A         N/A
      European level,
      — removing obstacles to mobility for workers across Europe within the framework of the Treaties,                                                                                                                  N/A   N/A
      — better anticipation of skill needs, labor market shortages and bottlenecks,                                                                                                                                     N/A   N/A
      — appropriate management of economic migration.                                                                                                                                                                   N/A   N/A
      2. IMPROVE ADAPTABILITY OF WORKERS AND ENTERPRISES
      Europe needs to improve its capacity to anticipate, trigger and absorb economic and social change. This requires employment-friendly labor costs, modern forms of work organization and well-functioning la- N/A        N/A
      bor markets allowing more flexibility combined with employment security to meet the needs of companies and workers. This should also contribute to preventing the emergence of segmented labor markets
      and reducing undeclared work.
      In today's increasingly global economy with market opening and the continual introduction of new technologies, both enterprises and workers are confronted with the need, and indeed the opportunity, to          N/A   N/A
      adapt. While this process of structural changes is overall beneficial to growth and employment, it also brings about transformations which are disruptive to some workers and enterprises. Enterprises must
      become more flexible to respond to sudden changes in demand for their goods and services, adapt to new technologies and be in a position to innovate constantly in order to remain competitive. They must
      also respond to the increasing demand for job quality which is related to workers' personal preferences and family changes, and they will have to cope with an ageing workforce and fewer young recruits. For
      workers, working life is becoming more complex as working patterns become more diverse and irregular and an increasing number of transitions need to be managed successfully throughout the lifecycle.
      With rapidly changing economies and attendant restructuring, they must cope with new ways of working, including enhanced exploitation of Information and Communication Technologies (ICT) and changes
      in their working status, and be prepared for lifelong learning. Geographical mobility is also needed to access job opportunities more widely and in the EU at large.
Guide Promote flexibility combined with employment security and reduce labor market segmentation, having due
line regard to the role of the social partners, through:
No 21
      — the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements,                                                                                     N/A   N/A
      — addressing the issue of undeclared work,                                                                                                                                                                         N/A   N/A
      — better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimize their social costs and facilitate adaptation,                N/A   N/A
      — the promotion and dissemination of innovative and adaptable forms of work organization, with a view to                                                                                                           N/A   N/A
      improving quality and productivity at work, including health and safety,
      — support for transitions in occupational status, including training, self-employment, business creation and geographic mobility.                                                                                  N/A   N/A
      To maximize job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and              N/A   N/A
      should reflect the labor market situation. Efforts to reduce non-wage labor costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.
Guide Ensure employment-friendly labor cost developments and wage-setting mechanisms by:
line
No 22
      — encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labor market challenges at all relevant levels and to   N/A   N/A
      avoid gender pay gaps,
      — reviewing the impact on employment of non-wage labor costs and where appropriate adjust their structure and level, especially to reduce the tax burden on the low-paid.                                          N/A   N/A
      3. INCREASE INVESTMENT IN HUMAN CAPITAL THROUGH BETTER EDUCATION AND SKILLS
      Europe needs to invest more in human capital. Too many people fail to enter or to remain in the labor market because of a lack of skills, or due to skills mismatches. To enhance access to employment for all N/A       N/A
      ages, raise productivity levels and quality at work, the EU needs higher and more effective investment in human capital and lifelong learning for the benefit of individuals, enterprises, the economy and soci-
      ety.
      Knowledge-based and service-based economies require different skills from traditional industries; skills which also constantly need updating in the face of technological change and innovation. Workers, if       N/A   N/A
      they are to remain and progress in work, need to accumulate and renew skills regularly. The productivity of enterprises is dependent on building and maintaining a workforce that can adapt to change. Gov-
      ernments need to ensure that educational attainment levels are improved and that young people are equipped with the necessary key competences, in line with the European Youth Pact. All stakeholders
      should be mobilized to develop and foster a true culture of lifelong learning from the earliest age. To achieve a substantial increase in public and private investment in human resources per capita and guar-
      antee the quality and efficiency of these investments, it is important to ensure fair and transparent sharing of costs and responsibilities between all actors. Member States should make better use of the Struc-
      tural Funds and the European Investment Bank for investment in education and training. To achieve these aims, Member States commit themselves to establishing comprehensive lifelong learning strategies
      by 2006 and implementing the Education and Training 2010 Work Programme.
         Sphere                                                                                                          Social Dialogue
Venue/Date of Paper Adop-                                                                                           Strasbourg, 27 April 2004
          tion                                                                                                                                                                                                                        Armenia    Georgia
      Paper name                                                                                             Revised Strategy for Social Cohesion
  European Legislation                                               Armenian Legislation                                                                              Georgian Legislation
                                                                                                                                                                                                                                Ap-         Ap-
 Arti-                                                                                                                                                                                                                         proxi-      proxi-
                                 Date of
 cle/ Point                                                                                                       Num- Adopt- Date of                                      Type                                Num-             ma-         ma-
                                  Arme-                               Type of                         Name of                                                                                          Name of        Adopting        Sour        Sour
annex in           Content                         Contents                         Comments                       ber   ing  Georgian                 Contents             of       Comments                   ber             tion        tion
                                  nian                                  act                             act                                                                                              act            body           ce          ce
num- article                                                                                                      of act body   act                                         act                                of act           (No,        (No,
                                   act
 ber                                                                                                                                                                                                                           Yes,        Yes,
                                                                                                                                                                                                                               N/A)        N/A)
Part I         Social Cohesion: a priority for the Council of Europe
               1. As understood by the Council of Europe, social cohesion is the capacity of a society to ensure the welfare of all its members, minimizing disparities and avoiding polarization. A cohesive society is a mutu- N/A            N/A
               ally supportive community of free individuals pursuing these common goals by democratic means.
               2. All societies have to live with the strains and stresses caused by divisions and potential divisions. For example, there are in all societies disparities of wealth between richer and poorer people; when these N/A          N/A
               disparities are excessive, or tending to increase, cohesion is put at risk. Again, no society is without ethnic and cultural diversity; the question is how to manage diversity so that it becomes a source of mutual
               enrichment rather than a factor of division and conflict. A cohesive society is one which has developed satisfactory ways of coping with these and other strains in an open and democratic manner. This
               means taking action to reduce inequalities and restore equity so that these various divisions remain manageable and do not grow so as to threaten the stability of society.
               3. No society is fully cohesive. Social cohesion is an ideal to be striven for rather than a goal capable of being fully achieved. It constantly needs to be nurtured, improved and adapted. Each generation has N/A             N/A
               to find afresh a manageable equilibrium of forces. This is a constantly shifting equilibrium which has to adapt to changes in the social and economic environment, in technology and in national and interna-
               tional political systems.
               4. Social cohesion is not only a matter of combating social exclusion and poverty. It is also about creating solidarity in society such that exclusion will be minimized. At the same time, in so far as poverty and N/A         N/A
               exclusion continue to exist, there is also a need to take specific measures to help vulnerable members of society. A social cohesion strategy must therefore tackle exclusion by means of both prevention and
               cure.
               5. During the twentieth century, Western European States came to accept responsibility for achieving a balance between economic growth and social justice. Despite the considerable variations from country N/A                  N/A
               to country, the European approach is sufficiently distinctive when compared with other world regions that it has often been referred to as the “European social model”. The European approach now faces a
               series of questions and strains, however. The challenge for Europe in the twenty-first century is to find ways of adapting these social policy achievements to changing needs and changing circumstances
               without losing their essential character.
               6. Present-day Europeans are aware of a number of potential threats to social cohesion. For example, changing employment patterns and doubts about the sustainability of social security systems give many N/A                   N/A
               the feeling that their future welfare is becoming more uncertain. Social and crime problems in run-down areas of cities may make people feel less secure in their daily lives. Others again see growing multicul-
               turalism as a threat to traditional identities. At the same time, new risks of poverty and exclusion are emerging, such as inadequate access to new information and communication technologies or to privatized
               utilities (water, electricity, etc.).
               7. For these and other reasons, social cohesion is currently perceived by many as being at risk.                                                                                                                       N/A       N/A
               8. This is what led the member states of the Council of Europe to give priority to social cohesion. The Heads of State and Government of the Organization's member states, meeting in Strasbourg in October N/A                  N/A
               1997, identified social cohesion as “one of the foremost needs of the wider Europe and […] an essential complement to the promotion of human rights and dignity” (Final Declaration). As its 45 member
               states now cover practically the whole of geographical Europe, the Council of Europe has a special and distinctive role in promoting social cohesion across the whole continent. Just as the member states
               want to avoid the emergence of “two-speed societies” divided between a prosperous majority and an increasingly marginalized minority, they also want to avoid the emergence of a “two-speed Europe”.
               Building social cohesion on a basis of human rights
               9. The fundamental commitment of the member states of the Council of Europe is to human rights, democracy, and the rule of law. The aim of the Organization is to achieve greater unity between its mem- N/A                     N/A
               bers for the purpose of safeguarding their ideals and principles and “facilitating their economic and social progress” (Article 1a of the Statute of the Council of Europe).
               10. The full range of civil, political, social and economic       Human rights are secured by the RA Constitution. The RA has ratified the European Conven- Human rights are secured by the Georgian Con- N/A                    N/A
               rights are protected by the Organization's two fundamental tion on Human Rights and the following sections of the revised European Social Charter. How- stitution. Georgia has ratified the European
               human rights instruments, the European Convention on Hu- ever, there is still a need to approximate the RA legislation to the mentioned Charter.                     Convention on Human Rights and the following
               man Rights and the Revised European Social Charter. The                                                                                                              sections of the revised European Social Charter.
               European Court of Human Rights and the organs of the                                                                                                                 However, there is still a need to approximate the
               European Social Charter are responsible for ensuring that                                                                                                            Georgian legislation to the mentioned Charter.
               Contracting Parties fully respect these rights. The rights set
               out in the Revised European Social Charter form, in particu-
               lar, the starting-point for the social cohesion strategy.
               11. As stated above (see paragraph 1), social cohesion is about the capacity of society to ensure the welfare of all its members, minimizing disparities and avoiding polarization. Welfare implies not only eq- N/A             N/A
               uity and non-discrimination in access to human rights but also:
- the dignity of each person and the recognition of their abili-   The RA recognizes this right and has secured it by the law. However, it is not included in the      Georgia recognizes this right and has secured it     N/A   N/A
ties and their contribution to society, fully respecting the di-   RA Government policies.                                                                             by the law. However, it is not included in the
versity of cultures, opinions and religious beliefs;                                                                                                                   Georgian Government policies.
- the freedom of each individual to pursue their personal de-     The RA recognizes this right and has secured it by the law. However, it is not included in the Georgia recognizes this right and has secured it           N/A   N/A
velopment throughout their life;                                  RA Government policies.                                                                              by the law. However, it is not included in the
                                                                                                                                                                       Georgian Government policies.
the possibility for each person to participate actively as a full The RA recognizes this right and has secured it by the law. However, it is not included in the        Georgia recognizes this right and has secured it    N/A   N/A
member of society.                                                RA Government policies.                                                                              by the law. However, it is not included in the
                                                                                                                                                                       Georgian Government policies.
12. It is natural, therefore, that the Council of Europe seeks to develop a rights-based approach to social cohesion. Rights provide the firmest foundation for social policy. Rights put all members of society on         N/A   N/A
an equal footing. With a basis in human rights, the action of the State in the social policy field is no longer a matter of charity or welfare directed at the less fortunate members of society; it is a question of
guaranteeing rights that are the same for all.
13. However strong the legal protection of rights, it is never a simple matter to ensure that all members of society, especially those in the weakest position, in reality benefit from their rights. Paradoxically,        N/A   N/A
those who most need the protection of their rights are often least well equipped to claim them. This is why legal protection of rights has to be accompanied by
determined social policy measures to ensure that everyone in practice has access to their rights.
14. Equality between women and men is also a fundamental The RA recognizes the equality of rights for both women and man. However , the equality is Georgia recognizes the equality of rights for both                      N/A   N/A
Council of Europe commitment that is highly relevant to the ensured only on the level of legislation.                                                                  women and man. However , the equality is en-
social cohesion strategy. Continuing efforts will be made to                                                                                                           sured only on the level of legislation.
keep alert to the gender implications of all social policy inter-
ventions and to integrate a gender mainstreaming perspec-
tive into the activities in this field.
15. The Council of Europe’s rights-based approach implies a particular commitment to making a reality of the rights and needs of those individuals and groups in society which are at particular risk of becom-             N/A
ing vulnerable. These include, for example:
children as defined in the UN Convention on the Rights of the Child and the European Convention on the Exer- 28-07-03 283) Youth related social De-                                        Economic 800          Georgian   N/A   yes
cise of Rights;                                                                                                                    and economic matters at cree                            Develop-              Govern-
                                                                                                                                   the centre of the pro-                                  ment and              ment
                                                                                                                                   gramme. Sustainability                                  Poverty
                                                                                                                                   and a proper future cannot                              Reduction
                                                                                                                                   be secured without the                                  Program
                                                                                                                                   involvement of youth in                                 of Geor-
                                                                                                                                   the development of the                                  gia
                                                                                                                                   country.284) It is neces-
                                                                                                                                   sary to carry out complex
                                                                                                                                   employment policies and
                                                                                                                                   special employment
                                                                                                                                   schemes. Prolonged youth
                                                                                                                                   unemployment should be
                                                                                                                                   eliminated to avoid a deg-
                                                                                                                                   radation of human capital
                                                                                                                                   and its moral erosion,
                                                                                                                                   which causes crime, alco-
                                                                                                                                   holism, drug addiction,
                                                                                                                                   prostitution and sui-
                                                                                                                                   cide.285) Young people
                                                                                                                                   will be offered equal op-
                                                                                                                                   portunities for personal
                                                                                                                                   and professional devel-
                                                                                                                                   opment and access to the
                                                                                                                                   labor market notwithstand-
                                                                                                                                   ing their financial capacity.
                                                                                                                                   State targeted pro-
                                                                                                                                   grammes in the educa-
                                                                                                                                   tional, social and cultural
                                                                                                                  spheres will be imple-
                                                                                                                  mented. Assistance will be
                                                                                                                  provided to especially tal-
                                                                                                                  ented young people, who
                                                                                                                  cannot afford to pay tuition
                                                                                                                  or accommodation fees to
                                                                                                                  receive education.286)
                                                                                                                  Special attention will be
                                                                                                                  paid to specific pro-
                                                                                                                  grammes for orphans and
                                                                                                                  for the homeless to fully
                                                                                                                  integrate them with the
                                                                                                                  rest of society.287) A Na-
                                                                                                                  tion Action Plan for Chil-
                                                                                                                  dren is its final phase of
                                                                                                                  finalization. It has specific
                                                                                                                  activities to resolve exist-
                                                                                                                  ing problems. This Action
                                                                                                                  Plan covers the period
                                                                                                                  2003 to 2007
young people in 14.12.19   2.Principles of the state Decree   The RA Government     concept 798   RA     28-07-03 283) Youth related social De-   Economic 800   Georgian Yes   yes
general, who 98            policy on youth: provision         has accepted a con-   paper on      Govern          and economic matters at cree    Develop-       Govern-
must play an               of minimal services guar-          cept paper on state   state pol-    ment            the centre of the pro-          ment and       ment
essential part in          anteed by the state aim-           policy on youth.      icy on                        gramme. Sustainability          Poverty
any vision of              ing at the preservation of                               youth.                        and a proper future cannot      Reduction
social cohesion            health , professional edu-                                                             be secured without the          Program
which is con-              cation and employment of                                                               involvement of youth in         of Geor-
cerned for the             young people                                                                           the development of the          gia
welfare of fu-             3. The goal and direc-                                                                 country.
ture genera-               tions of the state policy                                                              284) It is necessary to
tions from the             on youth: ensuring the                                                                 carry out complex em-
point of view of           employment of young                                                                    ployment policies and
sustainable de-            people and guarantees in                                                               special employment
velopment;                 the labor sector, imple-                                                               schemes. Prolonged youth
                           menting a state policy on                                                              unemployment should be
                           young human resource ,                                                                 eliminated to avoid a deg-
                           support to the entrepre-                                                               radation of human capital
                           neurship of young people                                                               and its moral erosion,
                                                                                                                  which causes crime, alco-
                                                                                                                  holism, drug addiction,
                                                                                                                  prostitution and suicide.
                                                                                                                  285) Young people will be
                                                                                                                  offered equal opportunities
                                                                                                                  for personal and profes-
                                                                                                                  sional development and
                                                                                                                  access to the labor market
                                                                                                                  notwithstanding their fi-
                                                                                                                  nancial capacity. State
                                                                                                                  targeted programmes in
                                                                                                                  the educational, social and
                                                                                                                  cultural spheres will be
                                                                                                                  implemented. Assistance
                                                                                                                  will be provided to espe-
                                                                                                   cially talented young peo-
                                                                                                   ple, who cannot afford to
                                                                                                   pay tuition or accommoda-
                                                                                                   tion fees to receive educa-
                                                                                                   tion.
                                                                                                   286) Special attention will
                                                                                                   be paid to specific pro-
                                                                                                   grammes for orphans and
                                                                                                   for the homeless to fully
                                                                                                   integrate them with the
                                                                                                   rest of society.
                                                                                                   287) A Nation Action Plan
                                                                                                   for Children is its final
                                                                                                   phase of finalization. It has
                                                                                                   specific activities to re-
                                                                                                   solve existing problems.
                                                                                                   This Action Plan covers
                                                                                                   the period 2003 to 2007

families in pre- 08.08.20 Self-employment and           Decree   Poverty 994-N RA                                                                         Yes    N/A
carious life-     03       promotion of small busi-              Reduction     Govern
situations, es-            ness through the invest-              Strategy      ment
pecially single-           ment of micro-loan sys-               Paper
parent families;           tems are considered a
- migrants and             priority also for the reduc-
ethnic minori-             tion of poverty within the
ties, whose in-            socially vulnerable
tegration into             groups, i.e. women who
society is of              are the breadwinners for
utmost impor-              their households, refu-
tance to social            gees, the unemployed
cohesion;                  and internally displaced
                           persons.
people with       08.08.20 243. State policies in so- Decree     Poverty 994-N Govern 28-07-03 427) Individuals, house- De-        Economic 800   Georgian Yes   Yes
disabilities,     03       cial risk management                  Reduction     ment of         holds and society face       cree   Develop-       Govern-
whose specific             should target risk preven-            Strategy      RA              dangers of various types            ment and       ment
needs must be              tion, reduction, and regu-            Paper                         and scope. To avoid them,           Poverty
fully integrated           lation. To this end, the                                            it is necessary to prevent          Reduction
into the pursuit           three major spheres of                                              risks, mitigate their impact        Program
of the welfare of          social risk management                                              and implement adequate              of Geor-
all;                       by the state are :(i) Social                                        rehabilitation mechanisms.          gia
                           assistance, which en-                                               A large number of risks
                           ables the state to mini-                                            are managed within the
                           mize the social risks of                                            social security system.
                           income reduction or per-                                            However, this programme
                           sisting low levels of in-                                           will pay equal attention to
                           come among vulnerable                                               risks outside the social
                           groups of the population,                                           security system. Ignoring
                           as well as to ensure                                                these risks may hinder
                           minimum living standards                                            development and deepen
                           for them;                                                           poverty. 428) The role of
                                                                                               the government in the
                                                                                               management of social
risks is divided into two
main groups:1. To set up
a social security system to
allow any member of the
society to acquire social
protection;2. To set up a
system of social protection
that guarantees a decent
standard of social integra-
tion for those who are not
capable to secure social
protection them-
selves.429) The Govern-
ment will differentiate
clearly between state and
other liabilities based upon
the following assump-
tions:• Economic devel-
opment creates a re-
source base to resolve
social problems• Eco-
nomic activity should en-
sure a decent standard of
living (individual wel-
fare).430) Any member of
society may find him-
self/herself under a certain
social risk. As a result,
there is a danger of wel-
fare deterioration and a
loss of social status. Cer-
tain individuals and house-
holds have a high prob-
ability of such risks. These
are the vulnerable groups
in society.431) The man-
agement of social risks in
respect to vulnerable peo-
ple is based on strategies
to reduce and mitigate
those risks.432) The man-
agement of social risks in
respect to marginal groups
is based on strategies to
improve their standard of
living.433) The pro-
gramme is not confined to
marginal groups only. The
priority of the programme
is to reduce vulnerability
as a whole by improved
management. Social pro-
tection without reducing
                                                                                             vulnerability increases the
                                                                                             quality of marginalization
                                                                                             that is a heavier burden on
                                                                                             society.
elderly people, 08.08.20   243. State policies in so- Decree   Poverty 994-N Govern 28-07-03 446) Social assistance De-      Economic 800   Georgian Yes   Yes
especially those 03        cial risk management                Reduction     ment of         (allowance) programmes cree     Develop-       Govern-
who are living             should target risk preven-          Strategy      RA              should be targeted to indi-     ment and       ment
alone or who no            tion, reduction, and regu-          Paper                         viduals (families) that have    Poverty
longer have the            lation. To this end, the                                          no possibility of economic      Reduction
support of a               three major spheres of                                            activity (temporarily or per-   Program
family.                    social risk management                                            manently).                      of Geor-
                           by the state are :                                                447) The actions in the         gia
                           (i) Social assistance,                                            area of social assistance
                           which enables the state                                           can be divided into two
                           to minimize the social                                            groups:
                           risks of income reduction                                         • General schemes
                           or persisting low levels of                                       • Specific schemes
                           income among vulnerable                                           448) General schemes
                           groups of the population,                                         should have fixed limits.
                           as well as to ensure                                              This should correspond to
                           minimum living standards                                          the minimum subsistence
                           for them;                                                         level and provide for other
                                                                                             sources of household in-
                                                                                             come.
                                                                                             449) General schemes
                                                                                             should be financed from
                                                                                             the budget. Budget policy
                                                                                             should promote decen-
                                                                                             tralization in financing
                                                                                             these schemes.
                                                                                             450) General schemes
                                                                                             should be selective unlike
                                                                                             the existing principle of
                                                                                             universalism. Currently
                                                                                             beneficiaries are selected
                                                                                             according to a single crite-
                                                                                             rion – their attribution to a
                                                                                             predefined social group. In
                                                                                             future, beneficiaries will be
                                                                                             selected on the basis of
                                                                                             needs assessment
                                                                                             (means tested).
                                                                                             451) Administration of the
                                                                                             scheme should be decen-
                                                                                             tralized as much as possi-
                                                                                             ble and implemented by
                                                                                             local government bodies.
                                                                                             This should be followed by
                                                                                             financial decentralization.
                                                                                             452) Various techniques
                                                                                             will be deployed in means
                                                                                             testing. These include as-
                                                                                             sessment of income (or
                                                                                                income and property), or
                                                                                                the person in extreme
                                                                                                need should be identified
                                                                                                by civil society (e.g. com-
                                                                                                munity union or village
                                                                                                council).
                                                                                                453) Specific schemes of
                                                                                                are also based on the
                                                                                                principle of selectivity, i.e.
                                                                                                the recipient will be se-
                                                                                                lected on the basis of the
                                                                                                following two criteria: so-
                                                                                                cial group and need.
                                                                                                Unlike general schemes,
                                                                                                specific schemes aim to
                                                                                                satisfy particular needs of
                                                                                                marginal groups. Allow-
                                                                                                ance can be paid in cash
                                                                                                as well as in kind (e.g.
                                                                                                fuel, home treatment,
                                                                                                etc.). Some specific
                                                                                                schemes can be financed
                                                                                                from the central budget,
                                                                                                others only from local
                                                                                                budgets. The schemes will
                                                                                                be administered by local
                                                                                                government.


16. The Council
of Europe has
always consid-
ered that ac-
cess to social
rights must be
based on the
following princi-
ples:
equality of       08.08.20 242. The social protection Decree   Poverty 994-N Govern                                              Georgian               Yes    Yes
rights for all,   03       policy is aimed at practic-         Reduction     ment of                                             constitu-
without dis-               ing and protecting the              Strategy      RA                                                  tion and
crimination;               economic, social and le-            Paper                                                             Labor
                           gal guarantees of human                                                                               Code
                           rights and liberties.
availability of                                                                                                                                         N/A    N/A
quality services
affordable by
all;
giving special 08.08.20 243. State policies in so- Decree      Poverty 994-N Govern 28-07-03 427) Individuals, house- De-        Economic 800   Georgian Yes   Yes
attention to the 03        cial risk management                Reduction     ment of         holds and society face     cree     Develop-       Govern-
needs of the               should target risk preven-          Strategy      RA              dangers of various types            ment and       ment
vulnerable                 tion, reduction, and regu-          Paper                         and scope. To avoid them,           Poverty
members of so-             lation. To this end, the                                          it is necessary to prevent          Reduction
ciety;   three major spheres of         risks, mitigate their impact   Program
         social risk management         and implement adequate         of Geor-
         by the state are :(i) Social   rehabilitation mechanisms.     gia
         assistance, which en-          A large number of risks
         ables the state to mini-       are managed within the
         mize the social risks of       social security system.
         income reduction or per-       However, this programme
         sisting low levels of in-      will pay equal attention to
         come among vulnerable          risks outside the social
         groups of the population,      security system. Ignoring
         as well as to ensure           these risks may hinder
         minimum living standards       development and deepen
         for them;                      poverty. 428) The role of
                                        the government in the
                                        management of social
                                        risks is divided into two
                                        main groups:1. To set up
                                        a social security system to
                                        allow any member of the
                                        society to acquire social
                                        protection;2. To set up a
                                        system of social protection
                                        that guarantees a decent
                                        standard of social integra-
                                        tion for those who are not
                                        capable to secure social
                                        protection them-
                                        selves.429) The Govern-
                                        ment will differentiate
                                        clearly between state and
                                        other liabilities based upon
                                        the following assump-
                                        tions:• Economic devel-
                                        opment creates a re-
                                        source base to resolve
                                        social problems• Eco-
                                        nomic activity should en-
                                        sure a decent standard of
                                        living (individual wel-
                                        fare).430) Any member of
                                        society may find him-
                                        self/herself under a certain
                                        social risk. As a result,
                                        there is a danger of wel-
                                        fare deterioration and a
                                        loss of social status. Cer-
                                        tain individuals and house-
                                        holds have a high prob-
                                        ability of such risks. These
                                        are the vulnerable groups
                                        in society.431) The man-
                                        agement of social risks in
                                        respect to vulnerable peo-
                                                                                            ple is based on strategies
                                                                                            to reduce and mitigate
                                                                                            those risks.432) The man-
                                                                                            agement of social risks in
                                                                                            respect to marginal groups
                                                                                            is based on strategies to
                                                                                            improve their standard of
                                                                                            living.433) The pro-
                                                                                            gramme is not confined to
                                                                                            marginal groups only. The
                                                                                            priority of the programme
                                                                                            is to reduce vulnerability
                                                                                            as a whole by improved
                                                                                            management. Social pro-
                                                                                            tection without reducing
                                                                                            vulnerability increases the
                                                                                            quality of marginalization
                                                                                            that is a heavier burden on
                                                                                            society.
avoiding stigmatization of those with special needs;                                                                                              N/A   N/A
maintenance of 08.08.20 241. In general, the tax Decree     Poverty 994-N Govern 28-07-03 338) Fiscal policy objec- De-   Economic 800   Georgian Yes   Yes
equitable and 03            base of Armenia has a           Reduction     ment of         tives for 2003-2005 are: cree   Develop-       Govern-
sustainable fis-            huge unused potential in        Strategy      RA              1. Improving the business       ment and       ment
cal policies;               terms of increasing tax         Paper                         and investment climate;         Poverty
                            revenues through their                                        2. Maintain the budget          Reduction
                            inclusion in the tax frame-                                   deficit (on a commitment        Program
                            work – including the pos-                                     basis) at 1.0-1.5% of           of Geor-
                            sibility to avoid raising tax                                 GDP;                            gia
                            rates or instituting new                                      3. Annual increase of tax
                            taxes. In the framework                                       revenue to GDP ratio by
                            of a poverty-reduction                                        0.5-0.8%;
                            strategy, the following                                       4. Steady growth of tax
                            issues in particular must                                     revenue in relation to the
                            be resolved:                                                  tax base;
                            (i) Increase the share of                                     5. Substantial growth of
                            taxes in the GDP;                                             the tax base by encourag-
                            (ii) Develop tax systems                                      ing extralegal businesses
                            that promote investment                                       into the formal sector;
                            activities, employment,                                       6. Enhancing domestic
                            and that maintain a                                           financing sources – grad-
                            maximum neutrality to-                                        ual growth of maturity and
                            wards sustainable eco-                                        volume of treasury bills;
                            nomic growth;                                                 7. Debt sustainability: the
                            (iii) Refrain, to the utmost                                  share of net present value
                            extent possible, from rais-                                   of debt will not exceed
                            ing tax rates;                                                150% of exports and the
                            (iv) Improve the tax ad-                                      share of net present value
                            ministration, qualitatively                                   of debt to central govern-
                            improve the interrelations                                    ment revenues will not ex-
                            of tax and customs au-                                        ceed 250%.
                            thorities and the tax-                                        8. Increase in the share of
                            payer;                                                        investment spending in
                            (v) Further simplify the                                      the budget to 2.5% of
                          tax system, consolidate                                                                   GDP.
                          existing tax laws into a                                                                  339) These objectives will
                          tax code.                                                                                 be reached by improving
                          242. Taking into consid-                                                                  tax and budgetary poli-
                          eration these goals, the                                                                  cies.
                          priorities of the state in
                          tax policy in the medium
                          term will be as follows:
                          (i) Simplify tax (customs)
                          legislation and develop
                          effective mechanisms to
                          supervise compliance
                          with legislative require-
                          ments;
                          (ii) Improve the tax ad-
                          ministration’s efficiency
                          and the tax oversight sys-
                          tem;
                          (iii) Institute equity in tax
                          payments;
                          (iv) The redistributive
                          function of taxes will have
                          a minimal application, un-
                          til the principle of horizon-
                          tally fair taxation is fully in
                          place. The principle of
                          vertically fair taxation can
                          be used widely only after
                          the horizontally fair taxa-
                          tion principle is fully es-
                          tablished.
                          (v) Stabilize the principles
                          stipulated by tax policies
                          and continuity in im-
                          provement of tax pay-
                          ment mechanisms.
participation of 08.08.20 4. Quantitative results of Decree   A number of parties Poverty 994-N Govern 28-07-03 584) Public participation in De-   Economic 800   Georgian Yes   Yes
users.           03       the participatory process           have participated in Reduction    ment of         the preparation, revision cree     Develop-       Govern-
                          are the following: more             the development of Strategy       RA              and implementation of the          ment and       ment
                          than 100 written recom-             the RA Poverty Re- Paper                          Economic Development               Poverty
                          mendations were re-                 duction Strategy Pa-                              and Poverty Reduction              Reduction
                          ceived. These were                  per (PRSP), namely                                Programme is not an end            Program
                          mainly incorporated in the          the representatives of                            in itself. It represents an        of Geor-
                          draft PRSP. More than               state administrative                              instrument to attain certain       gia
                          1800 people participated            bodies, regional and                              objectives. These are:•
                          in events organized                 local governance, the                             Engender confidence and
                          within the framework of             non-governmental                                  support of the population
                          the participatory process.          sector of the civil so-                           towards the programme
                          Overall, about 700 rec-             ciety, political parties,                         and generate a sense
                          ommendations were re-               private sector, inter-                            ofownership;• Improve the
                          corded based on ques-               national organiza-                                quality and viability of the
                          tionnaires completed at             tions and Diaspora.                               programme;• Enhance the
                          the end of discussions.                                                               sustainability and effi-
Although it is difficult to    ciency of the programme’s
produce a numerical as-        implementation.585) The
sessment of the incorpo-       government has designed
ration of recommenda-          the programme for and
tions, it can be stated that   together with society. The
about 40 % of the rec-         programme should make
ommendations received          a discernible difference to
have been included in the      people’s lives. It is, how-
PRSP, and about one-           ever, difficult to change
third were taken into ac-      people’s life for the better
count at least in part.        unless they have full con-
                               fidence in the proposed
                               measures and ap-
                               proaches. It is even more
                               difficult to preserve suc-
                               cess, unless the pro-
                               gramme is supported by
                               society. Support comes
                               only after trust. Society
                               needs to understand what
                               the programme proposes,
                               what are their responsibili-
                               ties and what changes
                               and benefits are promised.
                               While it may be difficult to
                               comprehend this complex
                               document fully, it is feasi-
                               ble and necessary to
                               communicate it in the right
                               way to each citizen. The
                               Communication Strategy
                               is targeted with this in
                               mind.586) The govern-
                               ment is responsible for the
                               elaboration of the pro-
                               gramme. However, the
                               programme is not de-
                               signed solely for the gov-
                               ernment. It addresses the
                               problems facing the coun-
                               try. These problems con-
                               cern everybody, especially
                               the poor and vulnerable
                               citizens. They cannot be
                               understood only from the
                               government’s standpoint.
                               To find solutions to the
                               problems is not easy.
                               Seeking solutions is the
                               responsibility of every-
                               body, both government
                               and civil society. The way
                               to solve the problems will
only happen by sharing
experience and knowl-
edge, and reconciling
ideas. In the attempt to
find the best way, some
questions might be left
unanswered; others might
need to be revised after a
certain period of time. The
programme is not de-
signed for one day. It is a
live document, because
society continues to seek
ways to resolve problems.
It develops, learns les-
sons, and finds better
ways to attain those goals.
The programme has been
designed in this way and
needs to be considered as
valuable, viable and effec-
tive. Public participation in
the preparation and im-
plementation of the pro-
gramme serves these ob-
jectives.587) The Pro-
gramme addresses the
country’s problems and
covers the entire strata of
society. The problems and
ways to solve them are
not abstract. The prob-
lems cannot be resolved
only in the corridors of
government, or solely by
government activity. The
majority of the issues exist
around us – in the envi-
ronment we live in: vil-
lages and cities, residen-
tial areas and offices.
Resolution of these prob-
lems and taking concrete
actions is a civic duty, and
no one else can do it bet-
ter than society. The
scope of operation of the
programme refers to all
the segments of soci-
ety.The programme re-
quires actions on-site. The
economy cannot develop
and the poverty cannot be
                                                                                                                  reduced in the abstract.
                                                                                                                  The programme specifies
                                                                                                                  the measures to resolve
                                                                                                                  problems on-site. Carrying
                                                                                                                  out these measures is the
                                                                                                                  responsibility of citizens
                                                                                                                  and local governments.
                                                                                                                  These measures cannot
                                                                                                                  be realized without civic
                                                                                                                  activity. The programme
                                                                                                                  will be productive and sus-
                                                                                                                  tainable when the plans
                                                                                                                  are fulfilled jointly at the
                                                                                                                  government level and on
                                                                                                                  the ground. Assignment of
                                                                                                                  the measures in the pro-
                                                                                                                  gramme is not sufficient
                                                                                                                  for actions to be under-
                                                                                                                  taken at thegrassroots
                                                                                                                  levels. To ensure public
                                                                                                                  participation in the pro-
                                                                                                                  gramme’s implementation,
                                                                                                                  it is necessary to secure
                                                                                                                  different levels of public
                                                                                                                  awareness and partner-
                                                                                                                  ship between civil society
                                                                                                                  and local government bod-
                                                                                                                  ies and to discern meth-
                                                                                                                  ods to share authority and
                                                                                                                  responsibility. The Strat-
                                                                                                                  egy for Public Participation
                                                                                                                  in Governance serves this
                                                                                                                  objective.
    At the same         08.08.20 Public awareness and     Decree Within the RA PRSP Poverty 994-N Govern 01-07-00 Public awareness and en- De- Within the paper a                            Poverty 678         Georgian   Yes   Yes
    time, everyone 03            ensuring feedback               a special attention is Reduction ment of         suring feedback              cree special attention is                     Reduction           Govern-
    should be                                                    paid to the issue of Strategy    RA                                                paid to the issue of                     and Eco-            ment
    aware of the                                                 public awareness       Paper                                                       public awareness                         nomic
    need to exer-                                                and provision of feed-                                                             and provision of                         Growth
    cise responsi-                                               back.                                                                              feedback.                                Program
    bility in the way                                                                                                                                                                        of Geor-
    they make use                                                                                                                                                                            gia
    of social protec-
    tion and social
    services.
    Social cohesion as a responsibility shared by all
    17. The capacity of a society to ensure the welfare of all must be seen as a responsibility for all sectors of society. During the twentieth century it was often considered that, apart from the role of the family    N/A   N/A
    and other traditional social relationships, welfare was the responsibility of the State (the “Welfare State”), while business was responsible for economic development. The economic problems of recent dec-
    ades and the globalization of the economy have shown that this model is no longer adequate and that the welfare of all must become a goal shared by all social actors, the State, business and the individual
    (a “welfare society”). This new situation does not imply a withdrawal of the State but leads to its seeking more varied means of action involving new partners.
a   clarifying and maintaining the essential role of the State and other public bodies
    18. At a time when the proper role of the State is the subject of much debate, it is necessary to clarify and reaffirm the essential responsibilities of government in the area of social policy.                       N/A   N/A
    19. In the first place, the State acts as guarantor of human rights and participatory democracy.                                                                                                                        N/A   N/A
    20. Secondly, the State restores a sufficient degree of equity in the distribution of wealth through mechanisms 28-07-03 454) The second group of De-                                    Economic 800        Georgian   N/A   Yes
of solidarity such as redistributive taxation and social security. Social security systems, indeed, are one of the      actions should encourage cree   Develop-       Govern-
most powerful institutional expressions of social solidarity. The establishment or maintenance of a well devel-         various social institutions     ment and       ment
oped social security system, based on solidarity is seen as one of the principal means of fostering social cohe-        to render social assistance     Poverty
sion. A strategy for social cohesion must therefore have as a main aim the strengthening of sustainable social          to marginal groups.             Reduction
security systems, especially at a time when many questions are posed about their future development and fi-             455) Social assistance          Program
nancing.                                                                                                                can often be rendered           of Geor-
                                                                                                                        more efficiently by the         gia
                                                                                                                        family (relatives) primarily,
                                                                                                                        community organizations,
                                                                                                                        the church and the mar-
                                                                                                                        ket. State schemes will be
                                                                                                                        developed gradually and
                                                                                                                        the current non-
                                                                                                                        government social assis-
                                                                                                                        tance will be partially re-
                                                                                                                        placed and replenished.
                                                                                                                        Interventions should not
                                                                                                                        only match existing non-
                                                                                                                        government allowances
                                                                                                                        but also extend their vol-
                                                                                                                        ume and coverage.
                                                                                                                        456) The scope of actions
                                                                                                                        under this group is broad.
                                                                                                                        The priority are financial
                                                                                                                        mechanisms (so called
                                                                                                                        fiscal social security), in
                                                                                                                        particular, instruments
                                                                                                                        like: tax benefits, grants,
                                                                                                                        etc. Actions to enhance
                                                                                                                        the capabilities of social
                                                                                                                        institutions by developing
                                                                                                                        new skills and providing
                                                                                                                        services is equally impor-
                                                                                                                        tant.
                                                                                                                        457) Special attention will
                                                                                                                        be paid to the church. Its
                                                                                                                        social function is increas-
                                                                                                                        ing permanently especially
                                                                                                                        in terms of providing social
                                                                                                                        assistance and services in
                                                                                                                        various forms to marginal
                                                                                                                        groups.




21. Thirdly, the 08.08.20 243. State policies in so- Decree                           Poverty 994-N Govern 28-07-03 427) Individuals, house- De-        Economic 800   Georgian Yes   Yes
State acts to    03       cial risk management                                        Reduction     ment of         holds and society face       cree   Develop-       Govern-
protect vulner-           should target risk preven-                                  Strategy      RA              dangers of various types            ment and       ment
able groups at            tion, reduction, and regu-                                  Paper                         and scope. To avoid them,           Poverty
risk of social            lation. To this end, the                                                                  it is necessary to prevent          Reduction
exclusion. So-            three major spheres of                                                                    risks, mitigate their impact        Program
cial protection           social risk management                                                                    and implement adequate              of Geor-
systems there-      by the state are :(i) Social   rehabilitation mechanisms.     gia
fore provide not    assistance, which en-          A large number of risks
only social se-     ables the state to mini-       are managed within the
curity, which is    mize the social risks of       social security system.
designed to         income reduction or per-       However, this programme
protect all         sisting low levels of in-      will pay equal attention to
members of so-      come among vulnerable          risks outside the social
ciety against       groups of the population,      security system. Ignoring
life’s risks, but   as well as to ensure           these risks may hinder
also social ser-    minimum living standards       development and deepen
vices for all and   for them;                      poverty. 428) The role of
social assis-                                      the government in the
tance for those                                    management of social
in particular                                      risks is divided into two
need.                                              main groups:1. To set up
                                                   a social security system to
                                                   allow any member of the
                                                   society to acquire social
                                                   protection;2. To set up a
                                                   system of social protection
                                                   that guarantees a decent
                                                   standard of social integra-
                                                   tion for those who are not
                                                   capable to secure social
                                                   protection them-
                                                   selves.429) The Govern-
                                                   ment will differentiate
                                                   clearly between state and
                                                   other liabilities based upon
                                                   the following assump-
                                                   tions:• Economic devel-
                                                   opment creates a re-
                                                   source base to resolve
                                                   social problems• Eco-
                                                   nomic activity should en-
                                                   sure a decent standard of
                                                   living (individual wel-
                                                   fare).430) Any member of
                                                   society may find him-
                                                   self/herself under a certain
                                                   social risk. As a result,
                                                   there is a danger of wel-
                                                   fare deterioration and a
                                                   loss of social status. Cer-
                                                   tain individuals and house-
                                                   holds have a high prob-
                                                   ability of such risks. These
                                                   are the vulnerable groups
                                                   in society.431) The man-
                                                   agement of social risks in
                                                   respect to vulnerable peo-
                                                   ple is based on strategies
                                                   to reduce and mitigate
                                                                                           those risks.432) The man-
                                                                                           agement of social risks in
                                                                                           respect to marginal groups
                                                                                           is based on strategies to
                                                                                           improve their standard of
                                                                                           living.433) The pro-
                                                                                           gramme is not confined to
                                                                                           marginal groups only. The
                                                                                           priority of the programme
                                                                                           is to reduce vulnerability
                                                                                           as a whole by improved
                                                                                           management. Social pro-
                                                                                           tection without reducing
                                                                                           vulnerability increases the
                                                                                           quality of marginalization
                                                                                           that is a heavier burden on
                                                                                           society.
22. Although 08.08.20   248. Considering the        Decree   Poverty 994-N Govern 28-07-03 639) A necessary condi- De-        Economic 800   Georgian Yes   Yes
these responsi- 03      above, the priorities of             Reduction     ment of         tion for institutionalizing cree   Develop-       Govern-
bilities of the         the social protection poli-          Strategy      RA              participation is agreement         ment and       ment
State remain            cies by spheres are:                 Paper                         between government and             Poverty
essential, the          (i) Social assistance: use                                         civil society on the basic         Reduction
manner in               of the family benefit sys-                                         objectives of the pro-             Program
which the State         tem to reduce poverty                                              gramme and an indicator            of Geor-
fulfils them is         among the most vulner-                                             network of outcomes of             gia
changing. In            able through a substantial                                         directions and targets.
many countries          enhancement of the tar-                                            640) Two considerations
there is a ten-         geting of the extremely                                            have been taken into ac-
dency to bring          poor and ensuring that                                             count in this respect:
social services         their consumption level is                                         • Institutionalization of civil
closer to the           not below the food pov-                                            society participation in
people by de-           erty threshold. In later                                           monitoring and assess-
volving respon-         periods, provided there is                                         ment should primarily
sibility to re-         an increase of allocations                                         serve to evaluate the effi-
gional and local        to family benefits and                                             ciency and status of de-
authorities. In         poverty reduction gener-                                           velopment of the actions
addition to this,       ally, the aim should be to                                         envisaged by the pro-
governments             raise the consumption                                              gramme and not only to
increasingly            level of the poorest popu-                                         evaluate its final impact in
find that the           lation above the food                                              terms of poverty reduction
best way of fa-         poverty threshold;                                                 and economic growth lev-
cilitating access       (ii) Another important pri-                                        els.
to social rights        ority of social assistance                                         • Institutionalization is a
is by working in        is rendering high quality,                                         progressive step in terms
partnership with        targeted services to those                                         of civil society develop-
civil society in        in need of special protec-                                         ment, but its contribution
order to                tion, such as the handi-                                           to the success of the pro-
achieve shared          capped, orphans, refu-                                             gramme will be modest
goals of social         gees and displaced peo-                                            without civil society having
cohesion. The           ple, with a view to sub-                                           realistic leverages of influ-
well-established        stantially meeting the                                             ence on the process.
tradition of dia-       demands for such ser-                                              Unless these leverages
logue with the          vices;                                                             are in place, the sustain-
social partners    (iii) Social insurance: a      ability of participation in
needs to be        reduction of the number        the monitoring and evalua-
maintained and     of poor pensioners and         tion will become doubtful
adapted to         an increase of pensions        as there will be a gradual
changing cir-      to bring them above the        diminution in motivation.
cumstances. A      general poverty thresh-        643) To assist the institu-
newer devel-       old, indexing pensions         tionalization of civil society
opment is the      according to pension con-      participation in the moni-
growing part-      tributions and the period      toring and evaluation, in-
nership be-        of employment;                 struments such as public
tween govern-      (iv) Comprehensive re-         hearings, workshops, and
ment and non-      form of the mandatory          quantitative and qualitative
governmental       social insurance system,       research will be applied.
organizations in   including enhancing its        Special importance will be
dealing with so-   efficiency, substantial re-    assigned to establish hori-
cial problems.     view of the principles of      zontal (geographic) and
In identifying     allocating pensions and        vertical (sectoral) net-
and meeting        ensuring the financial         works of NGOs that will
new social         stability and sustainability   monitor and evaluate the
needs, NGO’s       of the system;                 actions envisaged in the
can often play a   (v) Employment policies:       programme on a regular
valuable com-      Clarification of strategic     basis.
plementary role    directions by goals – im-
alongside offi-    provement of manage-
cial bodies in     ment that is the assertion
ensuring ac-       of national employment
cess to social     program by the Govern-
rights for the     ment of the Republic of
more vulner-       Armenia and the asser-
able members       tion of regional programs
of society.        by the Minister of Labor
                   and Social Issues of the
                   Republic of Armenia, ref-
                   ormation of the current
                   unemployment insurance
                   policy and overcoming of
                   regional (community) po-
                   larization through the im-
                   plementation of continu-
                   ous active policy on the
                   basis of employment in-
                   dicators
                   (vi) Income policies: en-
                   suring an accelerated in-
                   crease of salary rates in
                   budget and social infra-
                   structures so as to en-
                   sure a level at least twice
                   that of the general pov-
                   erty threshold. Further-
                   more, the legally defined
                   minimum salary should
                   equal the general poverty
                           threshold.
    23. These vari-                                                                                                                                       N/A    N/A
    ous changes in
    concepts and
    methods of
    governance im-
    ply a move
    away from the
    omnicompetent
    State to new
    concepts of
    governance
    through part-
    nership, or
    government as
    a form of con-
    tract between
    citizens and the
    State. It is nec-
    essary, how-
    ever, to agree
    on ethical prin-
    ciples to ensure
    that partnership
    genuinely con-
    tributes to so-
    cial cohesion.
b   integrating the
    social dimen-
    sion into eco-
    nomic life
    24. Economic 08.08.20 247.Given the importance Decree   Pov-        994-N Govern 28-07-03 237) The goal of this pro- De-       Economic 800   Georgian Yes   Yes
    growth makes it 03    of economic growth, in            ertyReduc         ment of         gramme is to raise the        cree   Develop-       Govern-
    easier to             the framework of the              tion Strat-       RA              welfare of the population            ment and       ment
    achieve social        PRSP, the social protec-          egy Paper                         of Georgia. This means               Poverty
    cohesion. Eco-        tion policy:(i) Should not                                          improving the quality of life        Reduction
    nomic devel-          hamper high rates of eco-                                           of each person along with            Program
    opment must,          nomic growth and stabil-                                            the sustainable socio-               of Geor-
    however, be           ity, in other words, the                                            economic development of              gia
    seen as a             objectives of the social                                            the country.238) Along
    means of              protection policies and                                             with common wealth ac-
    achieving the         the volume of the rele-                                             cumulation, each member
    more funda-           vant state resources                                                of society should an equal
    mental goal of        should be derived from                                              opportunity to ensure
    human devel-          the priorities of ensuring                                          his/her worthy life. If a
    opment. In this       high rates of economic                                              person is incapacitated,
    spirit, the inter-    growth and investment;(ii)                                          society is morally obliged
    national com-         Should ensure the effi-                                             to create those conditions
    munity has            cient utilization of the lim-                                       for a worthy life for this
    committed itself      ited state and public re-                                           person.239) To achieve
    to eliminating        sources: they should be                                             this goal, two strategic ob-
    poverty and to        precisely targeted and                                              jectives have been de-
    achieving sus-        address the prevention,                                             fined:• Fast and sustain-
tainable devel-              reduction, and regulation                                          able economic develop-
opment. Par-                 of the social risks of                                             ment: average growth rate
ticularly since              clearly defined categories                                         of real GDP at 5-8% per
the Johannes-                of the population. In other                                        annum, resulting in a two
burg Summit, it              words, this utilization                                            to threefold growth of real
has been in-                 cannot try to ensure so-                                           GDP by 2015 in compari-
creasingly rec-              cial protection, employ-                                           son to 2001 (see in detail
ognized that                 ment, and income guar-                                             inchapter 4);• Reduction of
sustainable                  antees for the entire                                              poverty: reduction of ex-
economic de-                 population, from birth to                                          treme (in relation to alter-
velopment de-                death, as in Soviet times.                                         native poverty line) pov-
pends on sus-                                                                                   erty from 15% to 4-5%,
tainable social                                                                                 and reduction of poverty
development as                                                                                  level in relation to the offi-
well as a sus-                                                                                  cial minimum subsistence
tainable envi-                                                                                  from 52% to 20- 25% by
ronment. For                                                                                    2015.240) Fast and sus-
these reasons,                                                                                  tainable economic devel-
economic policy                                                                                 opment has many compo-
and social pol-                                                                                 nents. Reducing poverty
icy need to be                                                                                  facilitates sustainable
brought into a                                                                                  economic development,
much closer                                                                                     and economic develop-
relationship                                                                                    ment represents a neces-
with one an-                                                                                    sary prerequisite for pov-
other than has                                                                                  erty reduction.
been custom-
ary.
25. Sound         08.08.20   247.Given the importance Decree   Poverty 994-N Govern 28-07-03 243) Macroeconomic sta- De-         Economic 800   Georgian Yes   Yes
macro-            03         of economic growth, in            Reduction     ment of         bility is a necessary pre- cree     Develop-       Govern-
economic poli-               the framework of the              Strategy      RA              condition for economic              ment and       ment
cies are of cru-             PRSP, the social protec-          Paper                         development. It ensures             Poverty
cial importance              tion policy:                                                    favorable conditions for            Reduction
in establishing              (i) Should not hamper                                           economic initiatives, en-           Program
stable condi-                high rates of economic                                          trepreneurship and in-              of Geor-
tions for growth.            growth and stability, in                                        vestment. To achieve this           gia
They cannot,                 other words, the objec-                                         objective:
however, be                  tives of the social protec-                                     • Consistent and prudent
directed solely              tion policies and the vol-                                      monetary policy will be
by market                    ume of the relevant state                                       continued;
mechanisms                   resources should be de-                                         • In-depth reform will take
without risking              rived from the priorities of                                    place in the fiscal sphere.
damaging so-                 ensuring high rates of                                          244) Macroeconomic sta-
cial conse-                  economic growth and in-                                         bility alone cannot create
quences. Mar-                vestment;                                                       a favorable business cli-
ket economies,               (ii) Should ensure the ef-                                      mate unless it is preceded
like any other               ficient utilization of the                                      by improvement in the
economic sys-                limited state and public                                        structural and institutional
tem, produce                 resources: they should be                                       environment. This in-
inequalities in              precisely targeted and                                          cludes both an effective
wealth and so-               address the prevention,                                         market infrastructure, and
cial status and              reduction, and regulation                                       economic and social
at present we                of the social risks of                                          mechanisms and institu-
see a growth of           clearly defined categories                                                                         tions. The important com-
such inequali-            of the population. In other                                                                        ponents of this objective
ties in many              words, this utilization                                                                            are:
European coun-            cannot try to ensure so-                                                                           • Improvement in the
tries. Such dis-          cial protection, employ-                                                                           business and investment
parities will be          ment, and income guar-                                                                             climate;
tolerated as              antees for the entire                                                                              • Development of small
long as people            population, from birth to                                                                          and medium businesses;
feel that they            death, as in Soviet times.                                                                         • Reinforcement of pro-
have equality of                                                                                                             prietary rights and promo-
opportunity to                                                                                                               tion of resource capitaliza-
improve their                                                                                                                tion;
situation. If,                                                                                                               • Improvement of state
however, the                                                                                                                 property management and
differences be-                                                                                                              acceleration of privatiza-
come too fla-                                                                                                                tion;
grant, and if,                                                                                                               • Development of a finan-
above all, the                                                                                                               cial infrastructure;
less privileged                                                                                                              • Improvement in indus-
feel that they                                                                                                               trial, energy and commu-
have little real                                                                                                             nication infrastructures;
hope of better-                                                                                                              • Development of the labor
ing themselves,                                                                                                              market;
that they are                                                                                                                • Institutional and struc-
trapped in a                                                                                                                 tural improvement in the
situation of                                                                                                                 pension system.
poverty and so-
cial exclusion,
that they have
no stake in so-
ciety because
society has
nothing to offer
them, then
socio-economic
disparities will
start to put so-
cial cohesion
seriously at
risk.
26. In a globalizing economy, all countries, but especially those undergoing macro-economic stabilization programmes, may come under pressure to cut social protection. While social protection needs to be N/A        N/A
economically sustainable, it must also be recognized that social expenditure, by creating the basis for stable and sustainable societies, is a wise investment for future economic sustainability and not just a
burdensome cost.
27. Social cohesion also contributes to economic development. A stable society is a favorable environment for business enterprise. The market economy depends on having people with money to spend;              N/A   N/A
poverty is not a sound basis for economic development. In other words, what is good for social cohesion is also good for business.
28. The right to 08.08.20                             Decree A whole chapter        Pov-        994-N Govern                                                                        Georgian                     Yes   Yes
work is a basic 03                                              within the PRSP     ertyReduc             ment of                                                                   constitu-
human right                                                     deals with the in-  tion Strat-           RA                                                                        tion and
and a key ele-                                                  vestment in human egy Paper                                                                                         Georgian
ment of partici-                                                capital.                                                                                                            Labor
pation in soci-                                                                                                                                                                     Code and
ety. Access to                                                                                                                                                                      EDPRP
employment for                                                                                                                                                                      program
    all and the
    promotion of
    decent em-
    ployment are
    important fac-
    tors in combat-
    ing poverty and
    exclusion.
    Moreover, so-
    cial protection
    systems, in ad-
    dition to their
    traditional role
    of replacing in-
    come now try to
    assist as many
    people as pos-
    sible to move
    from a situation
    of passive wel-
    fare depend-
    ence to active
    participation in
    the economy. In
    a knowledge-
    based econ-
    omy, invest-
    ment in human
    resources is
    one of the most
    crucial areas of
    investment for
    future economic
    growth. How-
    ever, a succes-
    sion of precari-
    ous, short-term
    jobs cannot be
    considered as
    being condu-
    cive to social
    cohesion if it
    results in social
    exclusion.
    29. The social responsibility of economic actors is emerging as a crucial question for post-industrial societies. There is growing interest in the question of the social responsibility of business and numerous   N/A   N/A
    instruments are being developed to put this responsibility into practice. It is important to develop ways of measuring the impact of economic activity on social cohesion as well as legal and financial mecha-
    nisms for recognizing and encouraging such contributions (e.g. certification, tax advantages).
    30. We are also beginning to see a concern on the part of individuals to develop new forms of economic action capable of contributing to social cohesion. People are using the means of action that are open        N/A   N/A
    to them as individuals such as their power as consumers and the way in which they use their savings.
    31. In all this, the challenge is to find ways of ensuring that the market economy contributes to social cohesion and does not function so as to exclude those who are least attractive as consumers. This is a     N/A   N/A
    vital issue at a time when more and more areas of life, including in some cases utilities formerly provided as public services, are governed by market mechanisms.
c   developing a new ethic of social responsibility
    32. A society is cohesive when people accept responsibility for one another. The values of present-day European society are not always conducive to this. Thus, an exclusive stress on the rights of the indi-      N/A   N/A
               vidual cannot form a sufficient basis for social cohesion. Individual rights will be best protected in societies where people feel a shared responsibility for the rights and welfare of all. Moreover, the market
               economy puts a high value on competition and may tend to neglect the social virtues of cooperation. An exclusive preoccupation with market values leads people to look to their own interests rather than to
               the interests and needs of others; it fails to teach the values of trust and solidarity that are fundamental to social cohesion.
               33. All have a part to play in developing the sense of mutual responsibility and interdependence that is necessary for social cohesion. Civil society organizations, the education system and parents all need to        N/A        N/A
               develop and put into practice a new kind of active citizenship. Thus, in bringing up children, parents should pass on to them a sense of social responsibility, which should indeed be demonstrated in family
               life. Business and the media should recognize a responsibility for the social consequences of their activities. Banks and financial institutions need to be alive to the ethical implications of investment.
               34. This is a matter of rebuilding a sense of society, of belonging, of commitment to shared social goals. This is not always easy in a culture which places such emphasis on the personal fulfillment of the in-        N/A        N/A
               dividual and where market values and consumerism, powerfully promoted by sections of the media, tend to erode broader solidarities. Through its social cohesion strategy, the Council of Europe will seek to
               contribute to reflection on these issues.
               d) supporting families and encouraging family solidarity
               35. Human beings find their fulfillment above all in relationship with others. A social cohesion strategy, while fully respecting the autonomy of the private sphere and of civil society, must therefore seek to be     N/A        N/A
               supportive of families and other networks and relationships which bring individuals together into wider circles of solidarity.
               36. Families are the place where social cohesion is first experienced and learnt. They play a crucial part in preparing children for life in society. They are often called upon to support elderly people as they       N/A        N/A
               become more dependent. They are also the place of last-resort social protection in time of need. Changes in values and behavior are resulting in a much greater variety of family patterns than in the past, but
               this does not in any way detract from the social role of families, which remains as fundamental as ever. In a complex and changing society, it is necessary to support families in fulfilling their functions. In par-
               ticular, parents need help in counteracting harmful social and market pressures, in reconciling the demands of work and family life and in adapting to a situation in which children are seen as bearers of their
               own rights as individuals.
               37. Society has a special responsibility towards those who, for one reason or another, cannot count on the support and protection of a family or other social network. The rights and dignity of children or eld-        N/A        N/A
               erly people in need of care have to be the subject of special
               attention. Traditional care institutions play a diminishing role and it is important to develop alternative means of care wherever possible.
               e) encouraging participation in civil society
               38. Individuals participate in many other networks and institutions that help to knit society together. Despite a lessened propensity on the part of many to commit themselves to group activity, political parties,     N/A        N/A
               trades unions and religious bodies continue to engage many people in broad social networks. Charitable, sports and cultural associations, together with organizations for children and young people, play a
               particularly important part in building social cohesion and engage many people in socially useful voluntary activities. Governments should create a favorable environment for encouraging such bodies and ac-
               tivities, which often make suitable partners for government-sponsored programmes to build social cohesion.
               39. Non-governmental organizations need to be recognized and provided with support in order to help them play a more active part in strengthening social cohesion.                                                       N/A        N/A


          Sphere                                                                                      Employment and Labor Organization
  Date of Paper Adoption                                                                                          March 2000
                                                                                                                                                                                                                                         Armenia    Georgia
       Paper name                                                              The Lisbon Special European Council: Towards a Europe of Innovation and Knowledge
   European Legislation                                              Armenian Legislation                                                               Georgian Legislation
                                                                                                                                                                                                                                 Ap-         Ap-
 Arti-                                                                                                                                                                                                                          proxi-      proxi-
                                     Date of
 cle/    Point                                                                                                        Num- Adopt- Date of                                 Type                                 Num-              ma-         ma-
                                      Arme-                              Type of                         Name of                                                                                   Name of             Adopting        Sour        Sour
annex      in         Content                          Contents                       Comments                         ber     ing   Georgian            Contents          of       Comments                     ber             tion        tion
                                      nian                                 act                              act                                                                                      act                 body           ce          ce
num-     article                                                                                                      of act body        act                               act                                 of act            (No,        (No,
                                       act
 ber                                                                                                                                                                                                                            Yes,        Yes,
                                                                                                                                                                                                                                N/A)        N/A)
                 The aim of the Lisbon Special European Council of 23-24 March 2000 was to invigorate the Community's policies, against the backdrop of the most promising economic climate for a generation in the Mem- N/A                N/A
                 ber States. It was therefore fitting to take long-term measures on the basis of this outlook.
                 Two recent developments are profoundly changing the economy and society. Globalization means that Europe must set the pace in all the sectors where competition is intensifying. The sudden arrival and N/A                N/A
                 growing importance of information and communication technologies (ICT) in professional and private life call for a radical overhaul of the education system in Europe and guaranteed lifelong learning oppor-
                 tunities
                 The Lisbon European Council therefore endeavored to issue guidelines for exploiting the potential offered by the new economy, in order to eradicate the scourge of unemployment, amongst other aims. As N/A                N/A
                 the Cardiff , Cologne and Luxembourg processes together provide a range of suitable instruments, no new processes were considered necessary in Lisbon. On the contrary, it is through the strategy of
                 adapting and strengthening the existing processes that the potential for economic growth, job creation and social cohesion can best develop - for example by providing the European Union with reliable data
                 to compare between the Member States, so that appropriate measures can be taken.
                 Thanks to a favorable economic outlook, full employment seemed tangible in 2000. However, owing to the economic slowdown and structural problems in the Member States, the European Union is still lag- N/A                N/A
                 ging behind as regards this objective. The weaknesses of the European labor market continue to create difficulties:
                 • the insufficient number of jobs being created in the services sector, even though this is by far the most important in terms of employment;                                                                  N/A         N/A
                 • significant regional imbalances, particularly since enlargement in 2004;
               • a high rate of long-term unemployment;
               • labor supply does not match demand, which is quite often the case in periods of economic recovery;
               • a shortage of women participating in the labor market;
               • European demographic trends, in particular an ageing population.
               All these weaknesses can be rectified, as long as the resources are made available. Now that the economic recovery has provided more room for maneuver, it is time to prepare for the technological and so-               N/A        N/A
               cial challenges ahead. Not only must these challenges be faced, but they must also serve as a springboard towards achieving the objective of full employment.
               The technological challenge
               Information and communication technologies (ICT) represent both a major challenge and a significant opportunity for job creation. The Commission intends to improve the quality and quantity of jobs in the               N/A        N/A
               European Union in the short and medium term through the impact of ICT. The communication of June 2005 entitled " i2010 - A European Information Society for growth and employment " sets out the overall
               policy guidelines. In a more general context, it is important to make sure that this information society is accessible to all, regardless of social category, race, religion or gender. This digital economy, with the
               potential to improve quality of life, is an important factor in improving competitiveness and in job creation.
               Even so, it is vital to ensure that this economic and social transition - however fast it occurs - does not leave certain categories of citizen behind and that the fruits of growth are distributed equitably. This is   N/A        N/A
               the aim of initiatives such as the Commission's " eEurope " initiative, which also puts the emphasis on increasing economic productivity and improving the quality and accessibility of services for the benefit of
               all European citizens, based on a fast infrastructure (broadband) with secure Internet access available to as many people as possible.
               A knowledge-based society
               If people arriving on the labor market are to participate in the knowledge economy, their level of education must be sufficiently high. The inverse relationship between level of education and rate of unem-             N/A        N/A
               ployment is becoming more pronounced. Europe must raise the educational level of school-leavers.
               Teaching and research should be better coordinated at European level. This can be achieved by creating networks of national and joint research programmes.                                                                N/A        N/A
               Only by making the resources available will Europe be able to develop the job creation opportunities offered by ICT. It has been estimated that, between 2000 and 2010, half of all new jobs in Europe will be            N/A        N/A
               related directly or indirectly to information technologies, like those jobs already created by the EU's comparative advantage in mobile telephony.
               Making Europe more competitive
               If Europe is to become the world's most competitive economic area, it is also important to improve research conditions and create a more favorable climate for entrepreneurship, in particular by reducing the            N/A        N/A
               administrative costs associated with bureaucracy.
               Modernizing and strengthening the European social model
               In its contribution to the preparations for the Lisbon European Council, the Commission emphasized that the European social model includes resources to support the transition to a knowledge economy. So-                N/A        N/A
               cial integration will be promoted by encouraging work, guaranteeing viable pension schemes - at a time when the European population is described as "ageing" - and guaranteeing social stability.
               The Commission, in promoting social inclusion, has accorded these objectives the utmost importance. It has been very active in combating racism and xenophobia, in promoting equality of opportunity be-                  N/A        N/A
               tween men and women and in its measures to help the disabled.


         Sphere                                                                                                     Health and Safety at Work
Venue/Date of Paper Adop-                                                                                             Brussels, 11.03.2002
          tion                                                                                                                                                                                                                            Armenia    Georgia
      Paper name                                                                         A New Community Strategy on Health and Safety at Work 2002–2006
  European Legislation                                               Armenian Legislation                                                               Georgian Legislation
                                                                                                                                                                                                                                  Ap-        Ap-
 Arti-                                                                                                                                                                                                                           proxi      proxi-
                                 Date of
 cle/ Point                                                                                                        Num- Adopt- Date of                                      Type                                 Num-            ma-         ma-
                                  Arme-                               Type of                          Name of                                                                                           Name of        Adopting       Sour        Sour
annex in           Content                         Contents                         Comments                        ber   ing  Georgian                  Contents            of        Comments                   ber            tion        tion
                                  nian                                  act                              act                                                                                               act            body          ce          ce
num- article                                                                                                       of act body   act                                         act                                 of act          (No,        (No,
                                   act
 ber                                                                                                                                                                                                                             Yes,       Yes,
                                                                                                                                                                                                                                 N/A)       N/A)
               SUMMARY
               N/A                                                                                                                                                                                                                N/A               N/A
               It is because the EU can call on such an abundant source of material that it is crucial for the social policy agenda to set out a Community strategy. This strategy, which covers the period 2002-2006, has three N/A                N/A
               novel features:
               – It adopts a global approach to well-being at work, taking account of changes in the world of work and the emergence of new risks, especially of a psycho-social nature. As such, it is geared to enhancing       N/A               N/A
               the quality of work, and regards a safety and healthy working environment as one of the essential components.
               It is based on consolidating a culture of risk prevention, on combining a variety of political instruments — legislation, the social dialogue, progressive measures and best practices, corporate social responsi- N/A               N/A
               bility and economic incentives — and on building partnerships between all the players on the safety and health scene.
               It points up the fact that an ambitious social policy is a factor in the competitiveness equation and that, on the other side of the coin, having a “non-policy” engenders costs which weigh heavily on economies N/A                N/A
               and societies.
       1. INTRODUCTION
       Creating more and better jobs: that was the objective the European Union set itself at the Lisbon European Council in March 2000. Clearly, health and safety are essential elements in terms of the quality of N/A        N/A
       work, and feature among the indicators recently adopted in the wake of the Commission’s communication “Investing in quality”.
       The European Union has a positive record here, as the number of occupational accidents fell by just short of 10% between 1994 and 1998. Nonetheless, the absolute figures remain high, with not far short of
       5 500 deaths and 4.8 million accidents resulting in three days or more off work. More importantly, a worrying return to a rising scale of accidents, in certain Member States and in certain sectors, has been
       evident since 1999. What is more, the candidate countries have an average frequency of occupational accidents which is well above the average for the EU, mainly because of their higher degree of speciali-
       zation in sectors which are traditionally regarded as high-risk.
       These figures are still somewhat patchy, but they do call for heightened vigilance, since what they indicate is that the preventive approach set out in Community directives has not yet been fully understood N/A        N/A
       and taken on board by the various players, nor applied effectively on the ground. This is particularly true of the candidate countries. In other words, the figures are prompting us to develop a more global ap-
       proach to health and safety at work, given that the quality of employment is based on a number of commonly perceived constituent elements: the type of skills required, the level of employee training, the na-
       ture of the employment relationship, the way work is organized and the working time element. It follows that working towards a healthier occupational environment has to be addressed as part of the general
       trend in economic activities (more service-oriented), forms of employment (more diversified), the active population (more women, and an older working population) and society in general (more diverse, but
       more marked by social exclusion).
       In addition, a safe and healthy working environment and working organization are performance factors for the economy and for companies. The exact relations between health at work and competitiveness N/A                N/A
       are more complex than just a matter of compliance costs. As far as the economy is concerned, “non-quality” of work is expressed in a loss of productive capacity — 500 million working days lost in 1999 as a
       result of accidents or health problems — and compensatory payments and benefits, and a lot of this weighs financially on companies. Almost 350 000 people have been forced to change jobs or their place
       of work or to reduce their working time, and nearly 300 000 have varying degrees of permanent disability, of whom 15 000 are entirely excluded from the world of work. Over and above these human trage-
       dies, this is a waste of resources against a background of structural ageing of the working population.
       At company level, “non-quality” gives the firm a poor public image, vis-à-vis its workforce, clients, consumers and the public at large, which is becoming more and more sensitive to safety issues. In other       N/A   N/A
       words, having a healthy working environment adds to a firm’s quality image, and steps taken to improve that environment form part of a general approach to “quality management” and social responsibility,
       both of which have a beneficial effect on performance and competitiveness.
       Community policy on health and safety at work must keep pace with these changes and these new needs, with a view to promoting “well-being at work”, this being taken to mean physical, moral and social N/A               N/A
       well-being, and not just something that can be measured by an absence of accidents or occupational illnesses. This means that Community policy must itself strive for improved quality, and this will have two
       fundamental implications:
       It must combine the various instruments and find a basis in the substantial acquis of many decades of Community policies, with the Framework Directive 89/3916 being the keystone in that it gives priority to N/A        N/A
       prevention. It must also be founded on the experience vested in the various Community programmes in this area. The normative approach, whether it be a matter of the ongoing adaptation of existing stan-
       dards or the formulation of new standards, remains essential: Article 31 of the Charter of Fundamental Rights states that “every worker has the right to working conditions which respect his or her health,
       safety and dignity”. However, in a constantly changing world of work, it is just as important to promote progressive approaches, whether they be performance rating, based on transparent and reliable data
       and indicators, action on the part of the social partners (at sectoral or multisectoral level), or voluntary company schemes. It is, furthermore, essential to improve the knowledge and awareness of all players,
       and to ensure that concerns for health and safety at work are mainstreamed into all other relevant Community policies.
       To achieve this, it must involve all the players — for example, the public authorities, the social partners, companies, public and private insurers —within a framework of “good governance”, based on universal N/A      N/A
       participation. The Social Agenda, which was adopted at the Nice European Council, defined the essential elements of a new Community strategy as helping to “anticipate and manage change in the working
       environment”. The new strategy itself is based on broad advance consultation, and takes account of the various views expressed. For instance, the European Parliament called on the Commission, in its
       resolution on the Social Agenda, to “put in place a real Community strategy on health and safety at work which is based on the setting of common comparable objectives, contains an action plan to reinforce
       the implementation, control and evaluation of the existing directives and includes additional legislative initiatives on risks that are covered inadequately or not at all, such as skin complaints caused by expo-
       sure to the sun’s rays, newly emerging risks such as stress and musculo-skeletal disorders and the new work situations, and encourage the use of risk analyses as part of a preventive approach.” The Eco-
       nomic and Social Committee, for its part, adopted an exploratory opinion at the Commission’s request. The Advisory Committee on Safety, Hygiene and Health Protection at Work (ACSHH), which includes
       the social partners, adopted its opinion in December 2001. These advance consultations have made paved the way for a new Community strategy, for the period 2002–2006, which sets out a coherent policy
       framework and proposes concrete action, along with a full implementation timetable.
2      KEEPING PACE WITH CHANGES IN THE WORLD OF WORK                                                                                                                                                                      N/A   N/A
       The Lisbon European Council stressed that Europe was going through a transition to a “knowledge-based economy”, marked by profound changes affecting society, employment and health and safety at                   N/A   N/A
       work. As a result, there is a need to take a fresh look at what policy should be pursued in this strategic area and, at times, new
       priorities.
       Nonetheless, these changes cannot mask the reality of the current situation: we still have very high rates of occupational accidents in certain sectors, representing a large majority of accidents recorded in     N/A   N/A
       the EU. Four sectors (fishing, agriculture, construction, and health and social services) have an accident rate which is 30% above average. Four others (the extractive industries, manufacturing industry, ho-
       tels and restaurants, and transport) have a rate which is some 15% above the average. These figures are much higher still if we look only at small and medium-sized enterprises (SMEs) and very small busi-
       nesses: in the construction industry, for example, the mean accident rate is 41% above the average, jumping to 124% for firms with between one and nine employees, and 130% for firms with between 10
       and 49 workers. We need to be constantly vigilant, then, if we are to reduce these “traditional” risks and develop a culture of prevention in SMEs.
2.1. Changes in society                                                                                                                                                                                                    N/A   N/A
2.1.1. An increasingly feminized society                                                                                                                                                                                   N/A   N/A
       The growing percentage of women in employment has been evident for decades. It was one of the fundamental objectives laid down in Lisbon, against the background of an ageing working population, and it N/A              N/A
       introduces a new dimension into the subject of health and safety at work.
       83% of employed women work in services, which explains why they suffer a much lower rate of accidents and occupational illnesses than men, and why they stand much less risk of being involved in an ac- N/A              N/A
       cident.
       Nonetheless, the trend is not a good one, since the kind of work in which women predominate is generating a growing accident rate, including fatal accidents. Moreover, although women accounted (in                 N/A   N/A
       199513) for only 17.8% of diagnosed occupational illnesses, the proportion was much higher in certain groups: 45% of allergies, 61% of infectious illnesses, 55% of neurological complaints, 48% of hepatitic
       and dermatological complaints. These figures underline the importance of gender in terms of occupational illnesses.
       Preventive measures, and the assessment arrangements and the rules for awarding compensation, must take specific count of the growing proportion of women in the workforce, and of the risks to which                N/A   N/A
       women are particularly liable. These measures must be based on research covering the ergonomic aspects, workplace design, and the effects of exposure to physical, chemical and biological agents, and
       pay heed to the physiological and psychological differences in the way work is organized.
2.1.2. An ageing active population                                                                                                                                                                                          N/A   N/A
       Europe’s active population will, over the coming decades, see an increase in the proportion of workers aged 50 and above, with a corresponding reduction in the proportion of young people.                          N/A   N/A
       Age-related comparisons show, on the one hand, that young people tend to suffer more accidents at work and, on the other, that workers aged 55 and above tend to suffer the most serious accidents, with a           N/A   N/A
       fatality rate above the European average. The 55-plus age group is also the one with the greatest incidence of long development-time occupational illnesses, such as cancers (the majority of which are still
       due to asbestos exposure) and cardiovascular diseases, while the younger workers tend to develop more allergies and infectious illnesses.
       However, these figures depend very much on the nature of the jobs occupied nowadays by the various generations: the older workers tend to be the less qualified, as well as being over-represented in the            N/A   N/A
       manual industrial trades, while young people predominate in the more precarious forms of employment. These differences mean that we need to adopt a global approach to the quality of employment, paying
       heed to the specific situation of the generations and age groups in the world of work.
2.2. Changes in forms of employment                                                                                                                                                                                         N/A   N/A
       The labor market is seeing increasingly diversified forms of employment, with particularly strong growth in temporary employment relationships. The type of contract and seniority in the firm show a negative       N/A   N/A
       correlation with health at work People who have been employed for less than two years are more likely to suffer an accident at work than the average: for temporary workers, this effect is particularly pro-
       nounced in the construction industry and in health and social services.
       Among these new forms of work, part-time work and non-standard working times (e.g. shift work or night work) are likewise factors which add to the degree of risk. It can be explained more specifically by the      N/A   N/A
       lack of proper training, psychosomatic problems caused by shift work or night work, a lack of awareness on the part of company managers, or a lack of motivation in the case of workers in an insecure work-
       ing relationship.
       However, the whole of the world of work is undergoing a shift towards more flexible forms of organization. The tangible link between the place of work (e.g. a mine, a factory or an office) and the work to be      N/A   N/A
       done is weakening, with the rapid spread of information technologies. These changes are not affecting employment relations as such, although they may blur the distinction between employed and self-
       employed persons. The fact is, though, that they raise specific problems, for example in relation to teleworkers: it is the employer who is responsible for their health and safety, no matter where the work is
       being done. This means that steps have to be taken to prevent risk and to carry out checks where teleworkers work at different sites, or at home. Negotiations which began on 12 October 2001 between the
       social workers at Community multisectoral level are designed to address these matters.
2.3. Changes in the nature of risk                                                                                                                                                                                          N/A   N/A
       The changing way in which work is organized, and especially more flexible ways of organizing working time and managing human resources on a more individual level, based more on an obligation to                    N/A   N/A
       achieve a fixed result, are having a profound effect on problems associated with health at work or, more generally, on well-being at work.
       It is a known fact today that “emerging” illnesses such as stress, depression, anxiety, violence at work, harassment and intimidation are responsible for 18% of all problems associated with health at work,        N/A   N/A
       with a quarter of them resulting in two weeks or more absence from work. These complaints are twice as frequent in education and in health and social services. They are linked less to exposure to a specific
       risk than to a whole set of factors, such as work organization, working time arrangements, hierarchical relations, transport-related fatigue, and the degree of acceptance of ethnic and cultural diversity within
       the firm. They need to be addressed within a global context which the ILO defines as “well-being at work”.
       These strategies for preventing new social risks should include the effect of substance-dependence on accident rates, more especially problems associated with alcohol and medicinal drugs.                          N/A   N/A
3       TOWARDS A NEW COMMUNITY STRATEGY ON HEALTH AND SAFETY                                                                                                                                                               N/A   N/A
3.1. For a global approach to well-being at work                                                                                                                                                                            N/A   N/A
       The objective of the Community’s policy on health and safety at work must be to bring about a continuing improvement in well-being at work, a concept which is taken to include the physical, moral and social       N/A   N/A
       dimensions. In addition, a number of complementary objectives must be targeted jointly by all the players.
       1. A continuing reduction in occupational accidents and illnesses. Thought should be given to setting quantified objectives, at both Community and Member State level, particularly in sectors of activity with      N/A   N/A
       above-average incidence rates, and having special regard to arrangements for implementing the European employment strategy.
       2. Mainstreaming the gender dimension into risk evaluation, preventive measures and compensation arrangements, so as to take account of the specific characteristics of women in terms of health and                 N/A   N/A
       safety at work.
       3. Prevention of social risks. Stress, harassment at the workplace, depression and anxiety, and risks related to dependence on alcohol, drugs and medicines, should all be the subject of specific measures          N/A   N/A
       but should form part of a global approach in association with health care systems.
       4. Enhanced prevention of occupational illnesses. Priority should go to illnesses due to asbestos, hearing loss and musculo-skeletal problems.                                                                       N/A   N/A
       5. Taking account of demographic change in terms of risks, accidents and illnesses. Preventive measures should take more account of the age factor, and should specifically target young people and ageing           N/A   N/A
       workers.
       6. Taking account of changes in forms of employment, work organization arrangements and working time. Workers in non-standard or precarious                                                                          N/A   N/A
       working relations constitute a sensitive group.
       7. Taking account of the size of firms. SMEs and very small businesses, as well as self-employed workers and unpaid family helpers, should all be the subject of specific measures in terms of information,          N/A   N/A
       awareness and risk prevention programmes.
       8. Analysis of new or emerging risks, with special reference to risks associated with the interaction between chemical, physical and biological agents, and those associated with the general working environ-           N/A   N/A
       ment (ergonomic, psychological and social risks).
3.2. Strengthening the prevention culture                                                                                                                                                                                       N/A   N/A
       The Community's policy on health and safety is based on preventive approaches bringing in all the players, including the workers themselves, with a view to developing a genuine culture of risk prevention,             N/A   N/A
       the aim being to anticipate risks and bring them under control.
3.2.1. Education, awareness, anticipation: improving people's knowledge of risks                                                                                                                                                N/A   N/A
       Creating a controlled work environment means improving everyone's knowledge of the risks. This means developing an approach which is both global and preventive, geared to promoting well-being at work,                 N/A   N/A
       and going beyond the mere prevention of specific risks. There are three mutually supportive elements.
       1. Education does not start with entry into the world of work, as the Economic and Social Committee has pointed out: it should be part and parcel of the school curriculum, either with a view to making people          N/A   N/A
       more aware of the problem (much like road safety is taught in some countries), or as a vocational subject in its own right. However, the most important element here is continuing vocational training. This
       must be dispensed regularly and be geared to the realities of day-to-day work, with a view to impacting directly on the work environment. It means that the teaching has to be targeted to national, regional,
       local and sectoral specificities and sensitivities.
       2. Awareness training must mobilize resources which are varied and geared to specific situations, e.g. SMEs, very small firms and craft trade workers. These people and organizations must be made aware                 N/A   N/A
       of the need to reintegrate disabled people into employment, with special reference to creating an adapted work environment.
       3. Anticipating new and emerging risks, whether they be linked to technical innovation or caused by social change, is vital if the risks are to be brought under control. This requires, first and foremost, ongoing     N/A   N/A
       observation of the risks themselves, based on the systematic collection of information and scientific opinions. The European Parliament has stressed that this kind of analysis is an integral part of a preven-
       tive approach. It also requires researchers to adopt a consistent approach: research organizations should coordinate their respective programmes, target them to address practical problems arising at the
       workplace, and make preparations for the research findings to be transferred to
       firms, and especially to SMEs.
       The European Agency for Safety and Health at Work should act as a driving force in matters concerning awareness-building and risk anticipation. In the second half of 2002, the Commission will present a                N/A   N/A
       communication assessing the work of the Agency, and spelling out the role the Agency should be playing in this field.
       The European Agency for Health and Safety at Work:                                                                                                                                                                       N/A   N/A
       will set up a "risk observatory", based on examples of good practice collected from firms or specific branches of activity;                                                                                              N/A   N/A
       will organize exchanges of experience and information by way of the systematic collection of data, with the support of Eurostat;                                                                                         N/A   N/A
       will integrate the candidate countries into these information networks, and devise working tools which are geared to their specific situation;                                                                           N/A   N/A
       will refocus the European week on health and safety on users and final beneficiaries;                                                                                                                                    N/A   N/A
       will establish, for the European Year of Disabled People (2003), a data base of best practices and information concerning ways of integrating                                                                            N/A   N/A
       disabled people and adapting equipment and the work environment to their needs.
3.2.2 Better application of existing law                                                                                                                                                                                        N/A   N/A
       Applying Community law effectively is essential if we are to improve the quality of the work environment. This in turn requires an enhanced state of awareness on the part of all concerned, and at all levels.          N/A   N/A
       The Commission will, in conjunction with the Advisory Committee and the social partners, be producing guides on how to apply the directives, taking account of the diverse nature of sectors of activity and
       companies, as suggested by the Economic and Social Committee.
       For its part, the Commission will, subject to the powers bestowed on it by the Treaty, adopt a rigorous approach to ensuring that directives are properly transposed and the law is properly applied. It will also       N/A   N/A
       be cooperating closely with the national authorities to find ways of ensuring that Community directives are implemented correctly and equivalently. In this respect, a fundamental role will fall to the Senior La-
       bor Inspectors Committee (SLIC) in terms of encouraging exchanges of information and experience and organizing mutual cooperation and assistance. There must be practical encouragement for common
       inspection objectives as part of an annual action plan, the importance of which has been underlined by the European Parliament, common principles for labor inspection in the field of health and safety at
       work, and ways and means of evaluating national inspection systems by reference to these principles. Integrating the candidate countries’ inspectorates in this committee is a matter of prime importance in
       terms of promoting the effective implementation of Community law.
       While it is important to pay heed to the diversity of the Member States’ institutional structures and administrative traditions, it is also true that implementing the new strategy, geared to the quality of work and   N/A   N/A
       well-being at work, will require thought to be given to which structures are best adapted to this global approach:
       – the prevention services should be genuinely multi-disciplinary, embracing social and psychological risks, and the gender factor;                                                                                       N/A   N/A
       – labor inspection activities must be capable of appraising all the risks, particularly in those sectors where they tend to be complex and cumulative (e.g. in hospitals). The inspectorate services must combine        N/A   N/A
       their inspection role with a prevention function vis-à-vis firms and workers. They must in turn be open to audit, using result and quality indicators to promote innovative approaches.
       The checks carried out by the inspection services must give rise to uniform sanctions which are dissuasive, proportionate and effectively applied. In this regard, two areas take on a special significance:             N/A   N/A
       – Protection of young people, who tend to be more liable to the risk of accidents than other population groups. This will involve, on the one hand, enforcement measures to combat the illegal employment of             N/A   N/A
       young people who have not yet reached the legal age18 and, on the other, for those who are admitted to employment, the rigorous application of the rules on health and safety.
       – Some companies operating within the European Union sometimes escape administrative and criminal sanctions if the Member State in which they operate is different from that in which they are estab-                    N/A   N/A
       lished. This is the case where they provide limited-duration services outside the country in which their headquarters are based. Article 3 (1) (e) of Directive 96/71/EC of 16 December 1996 concerning the
       posting of workers in the framework of the provision of services says that firms which send their employees to provide a service in a different EU Member State must, during the period of secondment, apply
       the same standards of safety, health and hygiene at work as apply in the host country. Cooperation in terms of the mutual exchange of information between public authorities, as provided for in Article 4 of
       the Directive, is being gradually put into place, and should make it easier to prosecute errant firms.
       Nonetheless, it is worth looking into all possible ways and means of dealing with infringements in transnational situations, and of strengthening ongoing work on the subject within the SLIC.                           N/A   N/A
3.3.    Combining instruments and building partnerships                                                                                                                                                                       N/A   N/A
       Promoting a quality working environment, taking account of all the aspects, requires a global approach, utilizing all the available instruments. It also requires all the actors to assume full responsibility, and it N/A   N/A
       means that each party’s efforts should be open to assessment and appraisal.
3.3.1. Adapting the legal and institutional framework                                                                                                                                                                         N/A   N/A
       The existence of a full, coherent and solid Community legislative framework is an essential tool in terms of health and safety, where there is a need for standards and principles for preventing risks and pro- N/A         N/A
       tecting workers. The Commission intends to pursue a balanced approach in this field, based on experience gained in the implementation of legislative texts, along a number of parallel routes:
1       Ongoing adaptation of existing directives to changes in scientific knowledge, technical progress and the world of work. Work on analyzing national reports on how the directives have been put into practice, N/A           N/A
       together with assessments done at company level, will help to pinpoint any difficulties encountered by the various players in terms of implementing the legislation, and should enable any deficiencies to be
       corrected. The Commission, with the assistance of the Advisory Committee (ACSHH), will produce reports on the practical application of the various “health and safety” directives, with a view to identifying
       any practical problems and improving certain of the provisions to make them more readily comprehensible, more consistent, and to fill the gaps in the existing framework. It will also propose extending the
       scope of the “carcinogenic agents” directive. In addition, it will submit a communication on musculo-skeletal complaints, which will look into the causes of these problems
       in the light of preventive measures provided for in existing Community legislation (i.e. the directives dealing with heavy loads, computer screen work and vibration), and will propose amendments or new legal
       provisions in fields in which coverage is still incomplete (e.g. workplace ergonomics).
       2. Taking account of new risks. The increase in psycho-social problems and illnesses is posing a new challenge to health and safety at work and is compromising moves to improve well-being at work. The N/A                 N/A
       various forms of psychological harassment and violence at work likewise pose a special problem nowadays, requiring legislative action. Any such action will be able to build on the acquis of recently adopted
       directives rooted in Article 13 of the EC Treaty, which define what is meant by harassment and make provision for redress.
       3. Rationalization of the legal framework. People tend to see the Community legal framework as being excessively complex and not very clear. It has to be simplified and rationalized, on the one hand, by             N/A   N/A
       consolidating existing directives to make them more comprehensible and, on the other, by producing a single report on their implementation, rather than the specific reports required under the various direc-
       tives. The Commission will be making the necessary legislative proposals for consolidating and rationalizing these reports.
       4. Rationalization of the Community instances. The effective implementation of Community law requires close cooperation between the Commission and the Member States’ administrations. This cooperation N/A                  N/A
       would be better and simpler if the two advisory committees ACSHH and SHCMOEI (the Safety and Health Commission for the Mining and Other Extractive Industries) were to be merged into a single Advi-
       sory Committee on Safety, Hygiene and Health Protection at Work.
       The Commission will                                                                                                                                                                                                    N/A   N/A
       – draw up, in conjunction with the Advisory Committee and the social partners, guides on how to apply the directives, bearing in mind the diverse                                                                      N/A   N/A
       nature of sectors of activity and undertakings;
       – propose extending the scope of the directive on “carcinogenic agents”;                                                                                                                                               N/A   N/A
       – adapt existing legislation to the emerging problem of musculo-skeletal complaints, proposing an amendment to the directive on visual display                                                                         N/A   N/A
       screens, and supplementing wherever necessary the existing provisions so as to take better account of ergonomics at the workplace;
       – examine the appropriateness and the scope of a Community instrument on psychological harassment and violence at work;                                                                                                N/A   N/A
       – make the necessary legislative proposals for consolidating the Community directives and for rationalizing the implementation reports;                                                                                N/A   N/A
       – propose that the two existing advisory committees ACSHH and SHCMOEI (the Advisory Committee on Safety, Hygiene and Health Protection at                                                                              N/A   N/A
       Work and the Safety and Health Commission for the Mining and Other Extractive Industries) be merged into a single Advisory Committee on
       health and safety at work;
       – propose that the representatives of the candidate countries’ inspectorates in the Senior Labor Inspectors Committee (SLIC) be admitted to the                                                                        N/A   N/A
       Advisory Committee ACSHH and to the various bodies run by the Bilbao Agency and the Dublin Foundation.
3.3.2. Encouraging innovative approaches                                                                                                                                                                                      N/A   N/A
       Just as legislative action is necessary to lay down standards, other instruments are needed to promote innovative approaches, to encourage the various parties to “go a step further” and to associate all the N/A           N/A
       interested parties in achieving the overall objectives of the strategy, more especially in new fields which do not lend themselves easily to a normative approach. The Commission intends to encourage such
       innovative moves.
       1. Benchmarking and the identification of best practices: these should be used at three different levels under the new strategy:                                                                                       N/A   N/A
       – Work towards “converging progress” in terms of the Member States’ policies. The European employment strategy provides an effective                                                                                   N/A   N/A
       framework for this kind of approach, with input from the European Social Fund.
       Quantified national objectives should be adopted so as to achieve:                                                                                                                                                     N/A   N/A
       – a reduction in the rate of fatal and non-fatal accidents;                                                                                                                                                            N/A   N/A
       – a reduction in the rate of recognized occupational illnesses;                                                                                                                                                        N/A   N/A
       – a reduction in the number of days lost due to such accidents and illnesses.                                                                                                                                          N/A   N/A
       Success in achieving these objectives can be measured by reference to indicators using existing methods. These quantified objectives should take account of the size of firms and the sector of activity, laying N/A         N/A
       down the objectives to be achieved in sectors where the incidence of accidents and illnesses is above average.
       If these indicators are to be genuinely operational, the collected data must be more precise, more comparable, have fuller coverage and be available earlier. To achieve this, and to eliminate the problem of N/A           N/A
       under-declaration in certain Member States, the Commission and the Member States will have to step up ongoing work on the harmonization of occupational accident and illness statistics. These should
       cover not just recognized occupational accidents and illnesses, their causes and consequences, but also introduce some quantifiable elements relating to working environment factors which are likely to
       cause the problems.
       – Make it easier to identify emerging phenomena. Stress-related complaints and illnesses are one example of this, as are musculo-skeletal problems, and dependence on alcohol, medicines and drugs. The N/A                N/A
       Commission will be proposing that this problem be integrated into the employment guidelines for 2003 and will, in conjunction with the Dublin Foundation, instigate work on collecting data and other informa-
       tion for measuring the phenomena and for creating monitoring indicators.
       – Develop knowledge of, and follow-up to, the “cost of non-quality”, i.e. the economic and social costs arising from occupational accidents and                                                                      N/A   N/A
       illnesses. The Commission will, in conjunction with the Bilbao Agency, instigate work on collecting data and other information with a view to
       improving the fund of knowledge on this subject.
       The Commission will:                                                                                                                                                                                                 N/A   N/A
       – consider to propose, in 2002, an amendment to the employment guidelines, calling on the Member States to adopt national quantified                                                                                 N/A   N/A
       objectives for reducing accidents at work and occupational illnesses, giving specific attention to sectors with a high accident frequency rate,
       and mainstreaming the gender and age dimensions;
       – examine the appropriateness of proposing the integration of the problem of stress-related complaints and illnesses into the employment guidelines for 2003;                                                        N/A   N/A
       – analyze the role of the ESF in terms of promoting a healthy and safe working environment, in conjunction with the mid-term assessment of the                                                                       N/A   N/A
       current programming exercise;
       – step up harmonization work on European statistics and on the construction of progress-chasing indicators;                                                                                                          N/A   N/A
       – improve the fund of knowledge on the economic and social cost of occupational accidents and illnesses.                                                                                                             N/A   N/A
2       Voluntary agreements concluded by the social partners                                                                                                                                                               N/A   N/A
       The social dialogue is an ideal instrument for applying innovative methods: on the one hand, the existing legislation can be applied effectively; on the other, it is possible to address all the questions con-     N/A   N/A
       cerned with promoting well-being at work; additionally, the risks and problems specific to sectors of activity and occupations can be addressed individually. The sectoral social dialogue has already accumu-
       lated a great deal of experience in this field. For their part, certain European work councils have drawn up “good practices”. At multisectoral level, the social partners
       are helping to improve the existing legislation within the Advisory Committee ACSHH and by way of consultations under Article 138 of the Treaty.
       The various elements of the social dialogue structure might usefully address certain of the new risks, more especially stress, whose multifarious nature — bearing in mind the wide range of complaints which N/A          N/A
       can be related to it — fully justifies an approach of this kind, involving the social partners.
       The Commission will, in 2002, open consultations with the social partners on stress and its effects on health and safety at work, pursuant to the procedure laid down in Article 138 of the Treaty.                  N/A   N/A
       3. Corporate social responsibility                                                                                                                                                                                   N/A   N/A
       The increasing trend towards outsourcing, along with the public’s enhanced sensitivity to health issues, have led a large number of firms to make a healthy and safe working environment an important crite- N/A           N/A
       rion in the choice of their subcontractors and the way they market their products. For instance, health at work has been included in voluntary certification and labeling initiatives, more especially in purchasing
       procedures, often using third parties.
       The Green Paper "Promoting a European framework for corporate social responsibility" stressed that health at work is one of the ideal areas for voluntary “good practices” on the part of firms which want to N/A          N/A
       go beyond existing rules and standards. The ensuing consultation exercise, which covered a wide range of interested parties, will enable a number of possible responses to be identified.
       4. Economic incentives                                                                                                                                                                                               N/A   N/A
       Economic incentives have long applied to accidents at work and occupational illnesses, with insurance premiums, for individual firms and/or sectors of activity, varying according to the accident rate. This en- N/A      N/A
       courages risk prevention and complements the other instruments available in the field. Insurers — both public and private sector — have already given thought to similar economic incentives, offering preven-
       tion contracts which include an analysis of the risks in the company, technical assistance, equipment aids and appropriate training. These kinds of practices would
       seem to warrant more systematic application.
3.3.3. Working to mainstream health and safety at work in other Community policies                                                                                                                                          N/A   N/A
       Well-being at work cannot be brought about simply by way of health and safety policy: there are strong links with the way work equipment is designed, with employment policy, with policy on disabled people, N/A          N/A
       and with other policies like transport and, of course, health policy in general, whether it be preventative or curative.
       – There should be a stronger element of integration of health at work into the European employment strategy, given its importance in terms of promoting the quality of employment and making full use of the N/A           N/A
       EU’s productive potential. This strategy puts forward new proposals for strengthening this link.
       – There should be improved linkage with the Community rules on the manufacture and marketing of work equipment and chemical products. This                                                                           N/A   N/A
       could be fostered by a more systematic effort to collect information on the effects such equipment and products have on health at work, and their
       repercussions for manufacturers. In this respect, voluntary labeling practices can have an important contribution to make.
       – There should be stronger links between the new Community strategy on health and safety and the Community's strategy on public health, by way of closer cooperation. Experience gained on how to pre- N/A                 N/A
       vent the major public health scourges — more especially the various types of substance dependence - should be built in to preventive measures at the workplace. On the other side of the coin, health at work
       should be recognized as an important determinant of the population’s general state of health.
       – We should develop an approach which is coordinated with other policies pursuing protection objectives and based on preventative measures, more especially transport policy, the environment, civil protec- N/A           N/A
       tion and the common fisheries policy.
       – As regards the common fisheries policy, the Commission will invite the social partners to identify measures for improving living, working and safety conditions in the industry, for strengthening the role of     N/A   N/A
       women, and for helping to develop the employment situation, particularly for young people, in regions which are dependent on the fishing industry.
       – Whenever a public contract is awarded on the strength of a tendering procedure, the contractor must fully comply with all the rules and regulations which are of mandatory application in the field of health N/A        N/A
       and safety at work. Bids entered by tenderers who would appear not to have taken into account the obligations concerning protection arrangements and working conditions as indicated by the awarding au-
       thority in the specifications cannot be regarded as in conformity with the specifications, or might appear abnormally low for the work in question, and can be rejected on those grounds. The social partners in
                the private security and cleaning businesses have addressed the question of compliance with health and safety rules.
         3.4.    Preparing for enlargement                                                                                                                                                                                         N/A           N/A
                Enlargement is one of the major challenges facing the European Union. This is true first and foremost of the EU itself, which has to ensure that the new Member States can be absorbed in conformity with the N/A                N/A
                rules and with a guarantee that the institutions and bodies of the EU will continue to function smoothly. It is also true, though, of the candidate countries themselves, which have to absorb into their national
                systems an enormous and complex corpus of legislation. To ensure that the acquis communautaire is being properly applied, there must be an effective transfer of experience and knowledge, with special
                reference to:
                1. Beefing-up programmes of technical assistance, using partnership and twinning arrangements;                                                                                                                     N/A           N/A
                2. Developing arrangements for the exchange of experience and access to knowledge and to the results of Community research, by integrating the                                                                     N/A           N/A
                candidate countries into the institutions and bodies concerned;
                3. Strengthening the social dialogue at all levels, particularly in firms;                                                                                                                                         N/A           N/A
                4. Promoting the collection and analysis of data on accidents at work and occupational illnesses, notably by integrating the candidate countries into ongoing Community work on statistical harmonization.         N/A           N/A
         3.5.   Developing international cooperation                                                                                                                                                                               N/A           N/A
                Community policy on health and safety at work must link up with work being done by the international organizations. The Commission will continue its active collaboration with the agencies of the United Na- N/A                N/A
                tions - the WHO and the ILO - which have a similar role to play in improving the level of protection of workers’ health and safety, and with whom the Commission has long enjoyed a fruitful cooperation. This
                cooperation should focus on the following areas:
                – Eliminating the worst forms of child labor in the world, under the “IPEC” programme and in application of ILO Convention No 182 of 17 June 1999, which all the EU Member States have ratified or will            N/A           N/A
                shortly be ratifying;
                – Supporting improvements to occupational health throughout the world, more particularly by encouraging the ILO to draw up conventions andrecommendations which take account of Community legislation, N/A                       N/A
                and by cooperating to ensure that they are effectively applied;
                – The effects of dependence on medicinal drugs and alcohol on health and safety at work, the importance of which is recognized by the WHO and the ILO.                                                             N/A           N/A
                Cooperation with third countries — more particularly those of the Mediterranean Basin, ASEAN, NAFTA and the Mercosur group — is essential if we are to ensure that minimum health and safety standards N/A                       N/A
                are adhered to, even though the prime objectives are to facilitate the free movement of goods, services and capital. In this respect, the legislative framework adopted by the European Union could serve as a
                basis for exchanges of information with these countries.
                Cooperation and exchanges of experience on occupational health and safety issues already initiated with the USA under the Transatlantic Pact should be strengthened. The two-yearly bilateral conferences N/A                    N/A
                involving the EU and the USA, and the exchanges of information coordinated by the Bilbao Agency, are illustrations of a desire to cooperate in the interests of improved labor protection at international level.


          Sphere                                                                                              Employment and Labor Organization
  Date of Paper Adoption                                                                                                      2005
                                                                                                                                                                                                                                     Armenia      Georgia
       Paper name                                                                                              A New Start for the Lisbon Strategy
   European Legislation                                              Armenian Legislation                                                                              Georgian Legislation
                                                                                                                                                                                                                                        Ap-        Ap-
 Arti-                                                                                                                                                                                                                                 proxi      proxi-
                                    Date of
 cle/    Point                                                                                                        Num- Adopt- Date of                                        Type                                Num-               ma-        ma-
                                     Arme-                              Type of                          Name of                                                                                          Name of             Adopting       Sour        Sour
annex      in        Content                            Contents                      Comments                         ber     ing    Georgian               Contents              of     Comments                    ber               tion       tion
                                     nian                                  act                              act                                                                                             act                 body          ce          ce
num-     article                                                                                                      of act body         act                                     act                                of act             (No,       (No,
                                      act
 ber                                                                                                                                                                                                                                   Yes,       Yes,
                                                                                                                                                                                                                                       N/A)       N/A)
                 The Commission based its findings on the November 2004 report by the high-level group entitled "Rising to the challenge: the Lisbon strategy for growth and employment". Requested by the March 2004                  N/A        N/A
                 European Council, this evaluation of progress achieved with the Lisbon strategy is extremely critical: lack of political resolve and inability to complete the internal market in goods and establish that for ser-
                 vices. The report is also critical of a top-heavy agenda, poor coordination and irreconcilable priorities.
                 The Commission has therefore decided to focus attention on the action to be taken rather than targets to be attained. The date of 2010 and the objectives concerning the various rates of employment are              N/A        N/A
                 thus no longer put forward as priorities. This Communication fits into this context as a signal for relaunching policy priorities, particularly with regard to growth and employment.
                 More growth
                 The Member States, in order to achieve this progress, must focus their efforts on the reforms agreed as part of the strategy and pursue stability-orientated macroeconomic policies and sound budgetary poli-
                 cies. A new partnership for growth and employment is essential in order to give a fresh start to the Lisbon strategy. Accordingly, in order to stimulate growth, the Commission intends to:
                 • make the European Union (EU) more attractive to investors and workers by building up the internal market, improving the European and national regulations, by ensuring open and competitive markets                 N/A        N/A
                 within and outside Europe, and lastly by extending and improving European infrastructures;
                 • encourage knowledge and innovation, by promoting more investment in research and development, by facilitating innovation, the take-up of information and communication technologies (ICT) and the sus-
                 tainable use of resources, and by helping to create a strong European industrial base.
                 More and better jobs
                 The Commission intends to review the European employment strategy in 2005. The Commission's new proposal concerning the financial framework for the period 2007-2013 moreover reflects a switch of
               emphasis in favor of growth and employment. To create more and better jobs, the Commission intends to:
               • attract more people to the employment market and modernize social protection systems. The Member States and the social partners must implement policies to encourage workers to remain active and                  N/A        N/A
               dissuade them from leaving the world of work prematurely. They must also reform the social protection system in order to achieve a better balance between security and flexibility;
               • improve the adaptability of the workforce and business sector, and increase the flexibility of the labor markets in order to help Europe adjust to restructuring and market changes. Simplifying the mutual rec-
               ognition of qualifications will make the mobility of labor easier throughout Europe. The Member States should remove all restrictions in this area as quickly as possible;
               • invest more in human capital by improving education and skills. The Commission intends to adopt a Community lifelong learning programme. The Member States will also submit national strategies in this
               area in 2006.
               Better governance
               The Commission also stresses the need for responsibilities to be shared more clearly and more effectively. Overlapping, an excess of red tape and not enough political ownership are holding up progress. It         N/A        N/A
               will put forward a Lisbon action programme in order to clarify what needs to be done and who is responsible.
               The Commission will propose simplified coordination with fewer and less complex reports. It is also proposed that the national programmes concerning the Lisbon strategy be presented in a format bringing           N/A        N/A
               together three coordination processes:
               • labor market policies (the Luxembourg process)                                                                                                                                                                     N/A        N/A
               • microeconomic and structural reforms (the Cardiff process)
               • macroeconomic and budgetary measures (the Cologne process).
               This will enable the European Council to put forward practical guidelines every spring and make it easier for the Commission to monitor progress.                                                                    N/A        N/A
               It is also planning to put forward integrated guidelines for both employment and the broad economic policy guidelines in a single document. These guidelines will thus simultaneously cover macroeconomic            N/A        N/A
               policies, employment and structural reforms.


            Sphere                                                                                        Labor Safety and Health
    Date of Paper Adoption                                                                                    19 October 1992
         Paper name              Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently                            Armenia    Georgia
                                                                                                      given birth or are breastfeeding
    European Legislation                                        Armenian Legislation                                                                  Georgian Legislation
                                                                                                                                                                                                                              Ap-        Ap-
 Arti-                                                                                                                                                                                                                       proxi      proxi-
                                 Date of
 cle/ Point                                                                                                      Num- Adopt- Date of                                     Type                                Num-             ma-        ma-
                                  Arme-                              Type of                         Name of                                                                                         Name of        Adopting       Sour        Sour
annex in           Content                        Contents                          Comments                      ber   ing  Georgian                 Contents            of       Comments                   ber             tion       tion
                                  nian                                 act                             act                                                                                             act            body          ce          ce
num- article                                                                                                     of act body   act                                        act                                of act           (No,       (No,
                                   act
 ber                                                                                                                                                                                                                         Yes,       Yes,
                                                                                                                                                                                                                             N/A)       N/A)
4              Requires that 09-11-04 Article 258 . Maternity Code             Unlike the directive, Labor     HO-   Na-                                                                                                     No         N/A
               for all activities     Protection                               the RA legislation     Code     124-N tional
               liable to involve      2. In compliance with the                does not include any of RA            As-
               a specific risk of     list of hazardous condi-                 mention about mate-                   sembly
               exposure to the        tions of work, as well as                rials, processes or
               agents, proc-          working environment risk                 working conditions,
               esses or work-         assessment results, the                  and instead of an ap-
               ing (of which a        employer must establish                  pendix, it is included
               non-exhaustive         the nature and duration of               in a list. Unlike the
               list is specified)     potential effect to safety               directive, the RA leg-
               the employer           and health of pregnant                   islation mentions
               shall assess the       women and women who                      about the caretaker
               nature, degree         take care of a child under               of a child under one
               and duration of        one year of age. Upon                    year old instead of a
               exposure, in the       assessment of the poten-                 breastfeeding em-
               undertaking            tial impact, the employer                ployee. In addition, a
               and/or estab-          must undertake tempo-                    statement about the
               lishment con-          rary measures to ensure                  protective and pre-
               cerned, of             the elimination of the                   ventive service is
               pregnant work-         above-mentioned risk of                  missing.
               ers and workers        dangerous factors.
        who have re-
        cently given
        birth or are
        breastfeeding
        within the
        meaning either
        directly or by
        way of the pro-
        tective and pre-
        ventive, in order
        to:
        - assess any
        risks to the
        safety or health
        and any possi-
        ble effect on the
        pregnancies or
        breastfeeding
        of workers
         - decide what
        measures
        should be
        taken.
5   1   requires that if 09-11-04 Article 258 . Maternity Code   In this specific case Labor    HO-   Na-      No    N/A
        the results of            Protection                     the reduction of work Code     124-N tional
        the assessment            2. In compliance with the      hours is not men-     of RA          As-
        reveal a risk to          list of hazardous condi-       tioned in the RA.                    sembly
        the safety or             tions of work, as well as
        health or an ef-          working environment risk
        fect on the               assessment results, the
        pregnancy or              employer must establish
        breastfeeding             the nature and duration of
        of a worker, the          potential effect to safety
        employer shall            and health of pregnant
        take the neces-           women and women who
        sary measures             take care of a child under
        to ensure that,           one year of age. Upon
        by temporarily            assessment of the poten-
        adjusting the             tial impact, the employer
        working condi-            must undertake tempo-
        tions and/or the          rary measures to ensure
        working hours             the elimination of the
        of the worker             above-mentioned risk of
        concerned, the            dangerous factors.
        exposure of
        that worker to
        such risks is
        avoided.


    2   If the adjust- 09-11-04 Article 258 . Maternity Code                          Labor     HO-   Na-      Yes   N/A
        ment of her             Protection 3. Where the                               Code of   124-N tional
        working condi-          elimination of dangerous                              RA              As-
        tions and/or                factors is impossible, the                                                      sembly
        working hours               employer shall take
        is not techni-              measures to improve the
        cally and/or ob-            working conditions so
        jectively feasi-            that the exposure of
        ble, or cannot              pregnant women and
        reasonably be               women who have re-
        required on                 cently given birth to risks
        duly substanti-             is avoided. If it becomes
        ated grounds,               impossible to eliminate
        the employer                such affect in the result of
        shall take the              the improvement of work-
        necessary                   ing conditions, the em-
        measures to                 ployer must transfer the
        move the                    woman (upon her con-
        worker con-                 sent) to another job in the
        cerned to an-               organization.
        other job.
    3   If moving her to another job is not technically and/or objectively feasible or cannot reasonably be required on duly substantiated grounds, the worker concerned shall be granted leave in accordance with na- N/A   N/A
        tional legislation and/or national practice for the whole of the period necessary to protect her safety or health.
6       requires that      09-11-04 Article 258 . Maternity Code In the RA legislation Labor               HO-      Na-    25-05-06 Article 35. Right to Safe Code                         Labor      3132 - Parlia- No      Yes
        pregnant work-              Protection                            there is no difference Code      124-N tional               and Healthy Working                                  Code of 1s        ment of         (par-
        ers may under                 1. Pregnant women and               between the notions of RA                 As-               Conditions                                           Georgia           Georgia         tially)
        no circum-                  women who take care of                "pregnant worker"                         sembly
        stances be                  a child under one year of             and "breastfeeding                                          7. An employer shall en-
        obliged to per-             age shall not be en-                  worker". In the RA                                          sure the protection of a
        form duties for             gaged in a job which is               the appendices of the                                       pregnant woman from a
        which the as-               characterized with dan-               directive are pre-                                          job that endangers the
        sessment has                gerous factors and harm-              sented as a list.                                           welfare, physical and psy-
        revealed a risk             ful conditions, which may                                                                         chical health of the woman
        of exposure,                have a negative impact..                                                                          and fetus.
        which would                 The list of hazardous
        jeopardize                  conditions and dangerous                                                                          Article 4. Minimum Age for
        safety or health,           factors prohibited for                                                                            Employment and Origin of
        to the agents               pregnant women, women                                                                             Labor Capacity
        and working                 who have recently given
        conditions                  birth shall be approved by                                                                        5. It is prohibited to con-
        (clearly defined            the Government of the                                                                             clude a contract with an
        in Annex) and               Republic of Armenia                                                                               underage, a pregnant
        that workers                                                                                                                  woman or a nursing
        who are breast-                                                                                                               mother, for the perform-
        feeding, may                                                                                                                  ance of hard and hazard-
        under no cir-                                                                                                                 ous work.
        cumstances be
        obliged to per-
        form duties for
        which the as-
        sessment has
        revealed a risk
        of exposure,
        which would
        jeopardize
        safety or health,
        to the agents
        and working
        conditions
        (clearly defined
        in Annex).
7   1   requires that     09-11-04 Article 148 . Work at      Code                         Labor      HO-   Na-    25-05-06 Article 18. Limitation on Code   Labor     3132 - Parlia- Yes   Yes
        Member States              Night                                                   Code       124-N tional          Night Jobs                       Code of   1s     ment of
        shall take the             4. Pregnant women,                                      of RA            As-             It is inadmissible to em-        Georgia          Georgia
        necessary                  women, taking care of a                                                  sembly          ploy a minor, a pregnant
        measures to                child under three years of                                                               woman, a woman in the
        ensure that                age may be assigned to                                                                   post-natal period or a
        pregnant work-             night work only with their                                                               nursing mother during
        ers are not                consent.                                                                                 night hours (from 10:00
        obliged to per-                                                                                                     pm to 6:00 am). It is inad-
        form night work                                                                                                     missible to employ a per-
        during their                                                                                                        son taking care of a child
        pregnancy and                                                                                                       under the age of three
        for a period fol-                                                                                                   during night hours without
        lowing child-                                                                                                       the consent of this person.
        birth.




7   2   The measures 09-11-04 Article 148 . Work at         Code     In the RA legislation Labor      HO-   Na-                                                                      No     N/A
        must entail the        Night                                 Clause A of the direc- Code      124-N tional
        possibility, of:       6. If it is established that          tive is common for all of RA           As-
        (a) transfer to        work at night has harmed              employees (there is                    sembly
        daytime work;          or may cause harm to the              no difference be-
        or                     employee’s health, the                tween pregnant and
        (b) leave from         employer must transfer                breast feeding
        work or exten-         the employee to daytime               women). Clause B is
        sion of mater-         work.                                 missing.
        nity leave
        where such a
        transfer is not
        technically
        and/or objec-
        tively feasible
        or cannot rea-
        sonably by re-
        quired on duly
        substantiated
        grounds.
8   1   Requires that 09-11-04 Article 172 . Pregnancy Code          The respective situa- Labor      HO-   Na-    25-05-06 According to Article     Code    Labor     3132 - Parlia- Yes   Yes
        Member States          and Maternity Leave1.                 tion in the RA is bet- Code of   124-N tional          27(1,2,3). Pregnancy and         Code of   1s     ment of
        shall take the         Working women shall be                ter.                   RA              As-             Maternity LeaveAn em-            Georgia          Georgia
        necessary              provided with pregnancy                                                      sembly          ployee shall be given a
        measures to            and maternity leave with                                                                     pregnancy, maternity and
        ensure that            their full wage being                                                                        child care leave of 477
        pregnant work-         paid: 1) 140 calendar                                                                        calendar days, 126 of
        ers are entitled       days (70 calendar days of                                                                    which shall be paid. In
        to a continuous          pregnancy, 70 calendar                                   case of a complicated de-
        period of ma-            days of delivery); 2) 155                                livery or giving birth to two
        ternity leave of         calendar days (70 calen-                                 or more infants 140 calen-
        a least 14               dar days of pregnancy,                                   dar days shall be paid. An
        weeks allocated          85 calendar days of de-                                  employee may use the
        before and/or            livery) in the event of                                  leave provided by the
        after confine-           complicated delivery; 3)                                 Paragraph 1 of this Article
        ment in accor-           180 calendar days (70                                    for pregnancy and child
        dance with na-           calendar days of preg-                                   care at her own discretion.
        tional legislation       nancy, 110 calendar days
        and/or practice;         of delivery) in the event of
                                 giving birth to more than
                                 one child. This leave shall
                                 be calculated at once and
                                 granted to the woman in
                                 full. In case of premature
                                 delivery the unused days
                                 of maternity leave are
                                 added to the leave for the
                                 delivery. 2. The employ-
                                 ees, who have adopted a
                                 newborn or who have
                                 been appointed as
                                 guardians of a newborn
                                 shall be granted a leave
                                 for the period from the
                                 date of adoption or
                                 guardianship until the
                                 baby is 70 days old.
8   2   and that the                                                                                                      N/A   N/A
        maternity leave
        must include
        compulsory ma-
        ternity leave of
        at least two
        weeks allocated
        before and/or
        after confine-
        ment in accor-
        dance with na-
        tional legislation
        and/or practice
9       requires that      09-11-04 Article 258 . Maternity Code   Labor   HO-   Na-                                      Yes   N/A
        Member States               Protection                     Code    124-N tional
        shall take the              4. Where a pregnant            of RA         As-
        necessary                   woman, woman taking                          sembly
        measures to                 care of a child under one
        ensure that                 year of age has to attend
        pregnant work-              medical examinations,
        ers are entitled            the employer must re-
        to time off, with-          lease her from work pre-
        out loss of pay,            serving her average
        in order to at-             wage, which is calculated
     tend ante-natal             on the basis of the
     examinations, if            amount of average hourly
     such examina-               wage.
     tions have to
     take place dur-
     ing working
     hours.
10   requires that     09-11-04 Article 117 . Guarantees Code Clause 2 and Clause Labor             HO-     Na-                                                                    No     N/A
     Member States               to Pregnant Women and               3 are missing in the Code      124-N tional
     shall take the              Employees Raising Chil-             RA legislation.      of RA             As-
     necessary                   dren                                                                       sembly
     measures to                  1. An employment con-
     prohibit the dis-           tract may not be termi-
     missal of preg-             nated with pregnant
     nant workers,               women from the day on
     during the pe-              which their employer re-
     riod from the               ceives a medical certifi-
     beginning of                cate confirming preg-
     their pregnancy             nancy, and for another
     to the end of               month after maternity
     the maternity,              leave, as well as with
     and if a preg-              employees taking care of
     nant worker, is             a child till the age of one
     dismissed dur-              year except for the cases
     ing this period             specified in the clauses 1,
     the employer                2, 5- 7 of section 1 of the
     must cite duly              Article 113 and section 1
     substantiated               of Article 123 of this
     grounds for her             Code.
     dismissal in
     writing; Member
     States shall
     take the neces-
     sary measures
     to protect preg-
     nant workers,
     within the
     meaning of
     from conse-
     quences of
     dismissal which
     is unlawful.
11   requires that the employment rights relating to the employment contract, including the maintenance of a pay- 25-05-06 Article 29. Remuneration Code   Labor     3132 - Parlia- N/A   N/A
     ment to, and/or entitlement to an adequate allowance for, pregnant workers must be ensured in accordance              of Pregnancy, Maternity or      Code of   1s     ment of
     with national legislation and/or national practice;                                                                   Adoption Leave                  Georgia          Georgia
     In the case referred to in Article 8, the following must be ensured:                                                  Remuneration of preg-
     (a) the rights connected with the employment contract of pregnant workers;                                            nancy, maternity or adop-
     (b) maintenance of a payment to, and/or entitlement to an adequate allowance.                                         tion leave is paid out from
                                                                                                                           State Budget. An em-
                                                                                                                           ployer and employee can
                                                                                                                           agree on additional pay-
                                                                                                                           ments.
            Sphere                                                                                  Employment and Labor Organization
    Date of Paper Adoption                                                                                     22 June 1994
                                                                                                                                                                                                             Armenia    Georgia
         Paper name                                                                  COUNCIL DIRECTIVE 94/33/EC on the protection of young people at work
     European Legislation                                           Armenian Legislation                                                              Georgian Legislation
                                                                                                                                                                                                            Ap-        Ap-
 Arti-                                                                                                                                                                                                     proxi      proxi-
cle/an Pointi                    Date of                                                                      Num- Adopt- Date of                                                           Num-           ma-         ma-
                                                                    Type of                         Name of                                                   Type                 Name of        Adopting       Sour        Sour
 nex narticl        Content      Arme-            Contents                         Comments                   berof  ing Georgian             Contents                 Comments             berof          tion        tion
                                                                      act                             act                                                     of act                 act            body          ce          ce
num- e                          nian act                                                                       act  body   act                                                               act           (No,        (No,
  ber                                                                                                                                                                                                      Yes,       Yes,
                                                                                                                                                                                                           N/A)       N/A)
1               Defines that the 09-11-04 Article 15. Citizens’ Legal Code    Unlike the directive, Labor     HO-   Na-    25-05-06 Article 4. Minimum Age for Code               Labor    3132 - Parlia- No          Yes
                minimum work-             and Labor Capacities                the RA legislation    code of   124-N tional          Employment and Origin of                      Code of 1s      ment of
                ing or employ-            2. The labor legal capac-           does not mention      RA              As-             Labor Capacity                                Georgia         Georgia
                ment age is not           ity and the capacity to             about the compulsory                  sembly          1. Labor capacity shall
                lower than the            acquire and implement               minimal school age.                                   commence upon attain-
                minimum age at            labor rights with his/her           Again, unlike the di-                                 ment of the age of 16.
                which compul-             activities, to create labor         rective, the minimal                                  2. The work capability of a
                sory full-time            obligations and imple-              labor age is consid-                                  minor under 16 arises by
                schooling as              ment them (labor activity)          ered to be 16 and in                                  consent of his lawful rep-
                imposed by na-            in full volume are origi-           exceptional cases,                                    resentative, care or custo-
                tional law ends           nated from the moment of            14. Thus, according                                   dial authority, if labor rela-
                or 15 years in            coming to the age of six-           to the RA legislation                                 tion is not in conflict with
                any event.                teen, except in cases               the minimal labor age                                 the minor's interests, does
                                          stipulated by this code             differs by a year.                                    not affect his moral, physi-
                                          and other laws.                                                                           cal or mental development
                                          Article 17. Employee                                                                      and does not limit minor’s
                                          2. 14- to16-year old citi-                                                                right to mandatory primary
                                          zens that have not                                                                        and general/basic educa-
                                          reached their legal age                                                                   tion. The consent of
                                          who are working under a                                                                   his/her lawful representa-
                                          labor contract with the                                                                   tive, care or custodial au-
                                          consent of one of the                                                                     thority remains in force
                                          parents, adopter or                                                                       with respect to further la-
                                          guardian are considered                                                                   bor relation of similar
                                          as working citizens.                                                                      character as well.
                                          3. Conclusion of a labor                                                                  4. It is prohibited to con-
                                          contract with citizens un-                                                                clude a contract with an
                                          der 14 or employing them                                                                  underage, a pregnant
                                          is prohibited.                                                                            woman or a nursing
                                                                                                                                    mother, for the perform-
                                                                                                                                    ance of hard and hazard-
                                                                                                                                    ous work.
                                                                                                                                    5. It shall be prohibited to
                                                                                                                                    sign a labor contract with
                                                                                                                                    a minor for work related to
                                                                                                                                    gambling business, night
                                                                                                                                    entertainment institutions,
                                                                                                                                    production, carriage or
                                                                                                                                    sale of pornographic prod-
                                                                                                                                    ucts, pharmaceutical or
                                                                                                                                    toxic substances.
                          24-10-05 Article 6: Job Seekers        Law     Unlike the directive, On Em- HO-       Na-                                                                                                 No    N/A
                                   Job seekers are those                 according to the RA ployment 206       tional
                                   capable citizens that                 legislation the mini- of the           As-
                                   have reached the age                  mal age to start seek- Popula-         sembly
                                   defined by the RA Labor               ing for a job is 16.   tion and
                                   Code, i.e. 16 years, and                                     Social
                                   who, regardless of their                                     Security in
                                   employment status, have                                      Case of
                                   applied to the Employ-                                       Unem-
                                   ment Service State                                           ployment
                                   agency for finding a job.
7   1   requires that Member States shall ensure that young people are protected from any specific risks to their safety, health and development which are a consequence of their lack of experience, of absence of N/A   N/A
        awareness of existing or potential risks or of the fact that young people have not yet fully matured.
7   2                     09-11-04 Article 257 . Work of Per- Code The part of Clause A Labor               HO- Na-      25-05-06 Article 4. Minimum Age for Code                        Labor     3132 - Parlia- No      Yes
        In particular,             sons under 18 Years of                of the directive re-   code of 124-N tional                 Employment and Origin of                            Code of 1s         ment of
        Member States              Age                                   garding the psycho- RA                 As-                  Labor Capacity                                      Georgia            Georgia
        shall to this end           Employment of persons                logical load is miss-                  sembly               1. Labor capacity shall
        prohibit the               under 18 years of age                 ing in the RA legisla-                                      commence upon attain-
        employment of              shall be prohibited for:              tion. Similarly, the                                        ment of the age of 16.
        young people                1) hard work;                        provision of Clause B                                       2. The work capability of a
        for:                        2) work involving possi-             regarding inherited                                         minor under 16 arises by
        (a) work which             ble exposure to agents,               genetic damages is                                          consent of his lawful rep-
        is objectively             which are toxic, carcino-             missing as well. The                                        resentative, care or custo-
        beyond their               genic or dangerous for                provisions of Clause                                        dial authority, if labor rela-
        physical or psy-           health;                               E are missing com-                                          tion is not in conflict with
        chological ca-              3) work involving possi-             pletely.                                                    the minor's interests, does
        pacity;                    ble exposure to ionizing                                                                          not affect his moral, physi-
        (b) work involv-           radiation or other hazard-                                                                        cal or mental development
        ing harmful ex-            ous and harmful agents                                                                            and does not limit minor’s
        posure to                  to health;                                                                                        right to mandatory primary
        agents which                4) work involving a                                                                              and general/basic educa-
        are toxic, car-            higher risk of accidents or                                                                       tion. The consent of
        cinogenic,                 occupational diseases, as                                                                         his/her lawful representa-
        cause heritable            well as work which a                                                                              tive, care or custodial au-
        genetic dam-               young person might not                                                                            thority remains in force
        age, or harm to            be able to perform in                                                                             with respect to further la-
        the unborn child           safety due to lack of ex-                                                                         bor relation of similar
        or which in any            perience or attention                                                                             character as well.
        other way                  safety.                                                                                           4. It is prohibited to con-
        chronically af-             The list of jobs consid-                                                                         clude a contract with an
        fect human                 ered as hard and harmful                                                                          underage, a pregnant
        health;                    mentioned in this article                                                                         woman or a nursing
        (c) work involv-           is defined by the Gov-                                                                            mother, for the perform-
        ing harmful ex-            ernment of the Republic                                                                           ance of hard and hazard-
        posure to radia-           of Armenia.                                                                                       ous work.
        tion;                       Article 258 . Maternity                                                                          5. It shall be prohibited to
        (d) work involv-           Protection                                                                                        sign a labor contract with
        ing the risk of             1. Pregnant women and                                                                            a minor for work related to
        accidents which            women who take care of                                                                            gambling business, night
        it may be as-              a child under one year                                                                            entertainment institutions,
        sumed cannot               old shall not be engaged                                                                          production, carriage or
        be recognized              in a job with dangerous                                                                           sale of pornographic prod-
        or avoided by              factors and harmful con-                                                                          ucts, pharmaceutical or
        young persons              ditions, which may have a                                                      toxic substances.
        owing to their             negative impact..
        insufficient at-
        tention to safety
        or lack of ex-
        perience or
        training; or
        (e) work in
        which there is a
        risk to health
        from extreme
        cold or heat, or
        from noise or
        vibration.
8   1    limits the work- 09-11-04 Article 140 . Shorter     Code   The provisions of the Labor    HO-   Na-                          No   N/A
        ing time of chil-          Work- time 1. Shorter            Clauses a), b), c) , code of   124-N tional
        dren to: (a)               working time shall be set        and d) are missing in RA             As-
        eight hours a              for: 1) 24 hours per week        the directive. A                     sembly
        day and 40                 for persons aged 14-16 ,         maximum duration of
        hours a week               36 hours per week for            the total work time is
        for work per-              persons aged 16-18 ;             defined for all the mi-
        formed under a                                              nors.
        combined
        work/training
        scheme or an
        in-plant work-
        experience
        scheme; (b) two
        hours on a
        school day and
        12 hours a
        week for work
        performed in
        term-time out-
        side the hours
        fixed for school
        attendance,
        provided that
        this is not pro-
        hibited by na-
        tional legislation
        and/or practice;
        in no circum-
        stances may
        the daily work-
        ing time exceed
        seven hours;
        this limit may
        be raised to
        eight hours in
        the case of chil-
        dren who have
        reached the
        age of 15; (c)
        seven hours a
        day and 35
        hours a week
        for work per-
        formed during a
        period of at
        least a week
        when school is
        not operating;
        these limits
        may be raised
        to eight hours a
        day and 40
        hours a week in
        the case of
        children who
        have reached
        the age of 15;
        (d) seven hours
        a day and 35
        hours a week
        for light work
        performed by
        children no
        longer subject
        to compulsory
        full-time school-
        ing under na-
        tional law.
8   2   For adolescents 09-11-04 Article 140 . Shorter        Code   In this regards the  Labor     HO-   Na-                                                                          No   N/A
        the working                Work- time                        RA situation is much code of   124-N tional
        time is limited            1. Shorter working time           better.              RA              As-
        to eight hours a           shall be set for:                                                      sembly
        day and 40                  1) 24 hours per week for
        hours a week.              persons aged 14-16 , 36
                                   hours per week for per-
                                   sons aged 16-18 ;
8   3   The time spent 09-11-04 Article 138 . Composition Code       The notion of a      Labor     HO-   Na-                                                                          No   N/A
        on training by a           of Working Time                   "young person" is    code of   124-N tional
        young person               1. Working time shall in-         missing in the RA    RA              As-
        working under a            clude:                            legislation.                         sembly
        theoretical                6) time required for study
        and/or practical           program, qualification im-
        combined                   provement in a workplace
        work/training              or educational institu-
        scheme or an               tions;
        in-plant work-
        experience
        scheme shall
        be counted as
        working time.
9   1    prohibits:       09-11-04 Article 148 . Work at      Code   In the RA legislation Labor    HO-   Na-      25-05-06 Article 4. Minimum Age for Code   Labor   3132 - Parlia-   No   Yes
         - work by chil-           Night                              Clause a) of the di- code of      124-N tional                   Employment and Origin of                                Code of 1s         ment of
         dren between 8            1. Night time is consid-           rective is missing.   RA                As-                      Labor Capacity                                          Georgia            Georgia
         p.m. and 6 a.m.           ered the time from 10              The notion of an ado-                   sembly                   1. Labor capacity shall
         - work by ado-            p.m. to 6 a.m.                     lescent in Clause b)                                             commence upon attain-
         lescents either           3. Working at night shall          is missing is well.                                              ment of the age of 16.
         between 10                be prohibited to persons                                                                            2. The work capability of a
         p.m. and 6 a.m.           less than 18 years old, as                                                                          minor under 16 arises by
         or between 11             well as to persons who                                                                              consent of his lawful rep-
         p.m. and 7 a.m.           are not allowed to work at                                                                          resentative, care or custo-
                                   night according to the                                                                              dial authority, if labor rela-
                                   medical conclusions.                                                                                tion is not in conflict with
                                                                                                                                       the minor's interests, does
                                                                                                                                       not affect his moral, physi-
                                                                                                                                       cal or mental development
                                                                                                                                       and does not limit minor’s
                                                                                                                                       right to mandatory primary
                                                                                                                                       and general/basic educa-
                                                                                                                                       tion. The consent of
                                                                                                                                       his/her lawful representa-
                                                                                                                                       tive, care or custodial au-
                                                                                                                                       thority remains in force
                                                                                                                                       with respect to further la-
                                                                                                                                       bor relation of similar
                                                                                                                                       character as well.
                                                                                                                                       4. It is prohibited to con-
                                                                                                                                       clude a contract with an
                                                                                                                                       underage, a pregnant
                                                                                                                                       woman or a nursing
                                                                                                                                       mother, for the perform-
                                                                                                                                       ance of hard and hazard-
                                                                                                                                       ous work.
                                                                                                                                       5. It shall be prohibited to
                                                                                                                                       sign a labor contract with
                                                                                                                                       a minor for work related to
                                                                                                                                       gambling business, night
                                                                                                                                       entertainment institutions,
                                                                                                                                       production, carriage or
                                                                                                                                       sale of pornographic prod-
                                                                                                                                       ucts, pharmaceutical or
                                                                                                                                       toxic substances.
9    3   Prior to any assignment to night work and at regular intervals thereafter, adolescents shall be entitled to a free assessment of their health and capacities, unless the work they do during the period during   N/A   N/A
         which work is prohibited is of an exceptional nature.
10   1   ensures that:- 09-11-04 Article 154 . Rest during Code In RA the definition of Labor             HO-       Na-                                                                                                   No    N/A
         for each 24-               the Day 2. The duration             the two notions -      code of 124-N tional
         hour period,               of daily uninterrupted rest         child and adolescent, RA                    As-
         children are en-           of employees under 16               are missing. It should                      sembly
         titled to a mini-          must be at least 14                 be noted though that
         mum rest pe-               hours, and not less than            in this regard the
         riod of 14 con-            12 hours for persons                situation in the RA is
         secutive hours.            from 16 to 18 and must              much better, since,
         -for each 24-              fall in the time from 10            for instance, the 15
         hour period,               p.m. to 6.0 a.m.                    year old are expected
         adolescents are                                                to have 14 hours of
         entitled to a                                                   uninterrupted rest.
         minimum rest
         period of 12
         consecutive
         hours.
10   2   -for each          09-11-04 Article 155 . Uninter-        Code                          Labor       HO-     Na-                                                             Yes    N/A
         seven-day pe-               rupted weekly rest                                          code of 124-N tional
         riod:                       1. Sunday shall be the                                      RA                  As-
         - children and              general rest day and                                                            sembly
         adolescents are             where there are five
         entitled to a               working days in a week –
         minimum rest                Saturday and Sunday,
         period of two               with the exception of
         days, which                 cases specified in para-
         shall be con-               graphs 2-4 of this Article
         secutive if pos-            and in cases envisaged
         sible.                      by other legal acts.
         Where justified               5. An uninterrupted
         by technical or             weekly rest period shall
         organization                not be shorter than 35
         reasons, the                hours. In the cases re-
         minimum rest                ferred to in paragraphs 2-
         period may be               4 of this Article two rest
         reduced, but                days to be provided must
         may in no cir-              be consecutive.
         cumstances be                6. It shall be prohibited to
         less than 36                assign work on rest days,
         consecutive                 with the exception of
         hours.                      work which cannot be in-
         The minimum                 terrupted on technical
         rest period re-             grounds, which is neces-
         ferred to in the            sary for the provision of
         first and second            services to the popula-
         subparagraphs               tion, as well as work in-
         shall in principle          volving urgent repair
         include Sunday.             loading and unloading.
                                     Pregnant women, the
                                     employees raising a child
                                     under one and persons
                                     under eighteen may be
                                     assigned work on rest
                                     days only upon their con-
                                     sent.
                                      7. Persons under eight-
                                     een must be provided
                                     with at least two rest days
                                     per week.
11       requires that a period free of any work is included, as far as possible, in the school holidays of children subject to compulsory full-time schooling under national law.   N/A    N/A
12        requires that, 09-11-04 Article 153 . Additional Code The situation in the Labor                   HO-     Na-                                                             Yes,   N/A
         where daily                 and Special Breaks                  RA is better because code of 124-N tional
         working time is              2. Employees under 18              there should be a       RA                  As-
         more than four              years of age, who work              break after four hours                      sembly
         and a half                  for more than four hours,           of work time.
hours, young       must be granted addi-
people are enti-   tional break of at least 30
tled to a break    minutes to rest during
of at least 30     their working time.
minutes, which
shall be con-
secutive if pos-
sible.
            Sphere                                                                               Employment and Labor Organization
    Date of Paper Adoption                                                                                    20 July 1998
                                                                                                                                                                                                          Armenia    Georgia
         Paper name                                       Council directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies
     European Legislation                                    Armenian Legislation                                                                     Georgian Legislation
                                                                                                                                                                                                          Ap-        Ap-
 Arti-                                                                                                                                                                                                   proxi      proxi-
                              Date of
 cle/ Point                                                                                          Num- Adopt- Date of                                Type                             Num-             ma-        ma-
                               Arme-                          Type of                      Name of                                                                               Name of        Adopting
annex in          Content                     Contents                    Comments                    ber   ing  Georgian              Contents          of      Comments                 ber             tion       tion
                               nian                             act                          act                                                                                   act            body
num- article                                                                                         of act body   act                                   act                             of act           (No,       (No,
                                act
 ber                                                                                                                                                                                                      Yes,      Yes,
                                                                                                                                                                                                          N/A)      N/A)
1              Collective re- 09-11-04 Article 116 . Mass Dis- Code                       Labor      HO-   Na-                                                                                           Yes        N/A
               dundancy de-            missals 1. In case of liq-                         Code of    124-N tional
               fined as dis-           uidation of the organiza-                          RA               As-
               missals ef-             tion or reduction of the                                            sembly
               fected by an            number of the employ-
               employer for            ees, while terminating the
               one or more             employment contracts the
               reasons not re-         employer shall submit the
               lated to the in-        information about the
               dividual work-          number of the dismissed
               ers when the            employees to the State
               number of re-           Employment Service of
               dundancies is           the Republic of Armenia
               (i) either, over a      and the representative of
               period of 30            the employees, about the
               days:• at least         termination of the em-
               10 in estab-            ployment contract no
               lishments nor-          later, than three months
               mally employ-           in advance, if during two
               ing more than           months they envisage to
               20 and less             dismiss more than ten
               than 100 work-          percent of the total num-
               ers;• at least          ber of employee, which,
               10% of the              however, makes not less
               number of               than 10 employees (mass
               workers in es-          dismissals). If mass dis-
               tablishments            missals are conditioned
               normally em-            by the bankruptcy of the
               ploying at least        employer, then the data
               100 but less            about the employees are
               300 workers;•           submitted to the State
               at least 30 in          Employment Service of
               establishments          the Republic of Armenia
               normally em-            no later, than within three
               ploying more            days upon the court deci-
               than 300 work-          sion about the bank-
               ers;(ii) or over a      ruptcy. 2. Cases of dis-
               period of 90            missals of employees
               days, at least          working under employ-
               20, whatever            ment contracts signed for
               the number of           a definite term and under
    workers nor-             seasonal employment
    mally employed           contracts are not consid-
    in the estab-            ered mass dismissals if
    lishments.               they were conducted
                             without violation of the
                             terms mentioned in the
                             contracts.
2   Article (2) re- 09,11,20 Article 115 . Notice on the Code   Labor     HO-   Na-      Yes   N/A
    quires from       04     Termination of an Em-              Code of   124-N tional
    employer to              ployment Contract                  RA              As-
    begin consulta-           1. In case of termination                         sembly
    tions with the           of the employment con-
    workers’ repre-          tract on the bases envis-
    sentatives in            aged by clauses 1 and 3
    good time with           of section 1 of article 113
    a view to reach-         of this code the employer
    ing an agree-            shall give a written notice
    ment.                    to the employee no later
     These consul-           than two months before-
    tations shall            hand.
    cover ways and           In case of termination of
    means of avoid-          the employment contract
    ing collective           on the bases envisaged
    redundancies             by clauses 4 and 9 of
    or reducing the          section 1 of article 113 of
    number of                this code the employer
    workers af-              shall give a written notice
    fected, and of           to the employee no later
    mitigating the           than two weeks before-
    consequences             hand.
    by recourse to           Longer terms as com-
    accompanying             pared with the notification
    social meas-             terms envisaged in this
    ures, inter alia,        section may be defined
    at aid for rede-         by a collective and em-
    ploying or re-           ployment contract.
    training workers         2. In case the terms en-
    made redun-              visaged by section 1 of
    dant.                    this article are violated
    To enable                the employer shall pay a
    workers’ repre-          penalty to the employee
    sentatives to            for every delayed day of
    make construc-           notification, which is cal-
    tive proposals,          culated on the basis of
    the employers            the amount of the aver-
    shall in good            age hourly wage of the
    time during the          employee.
    course of con-           3. The following shall be
    sultations:              mentioned in the notifica-
    (a) supply them          tion on the termination of
    with all relevant        the employment contract:
    information and          1) the basis and reason
    (b) in any               of dismissal
    event notify             2) year, month, day of
    them in writing          dismissal.
    of:                      4. During the term de-
    • the reasons of         fined in section 1 of this
    projected re-            article the employer must
    dundancies;              provide the employee
    • the number of          with some time off from
    categories of            work to look for a new
    workers to be            job. The length of the
    made redun-              time being provided shall
    dant;                    not be less than ten per-
    • the number             cent of the working time
    and categories           included in the term of
    of workers nor-          notification Time off from
    mally em-                work to look for a new job
    ployed;                  shall be provided in ac-
    • the period             cordance with the sched-
    over which the           ule offered by the em-
    projected re-            ployee. The employee
    dundancies are           shall retain his average
    to be effected;          wage for this time, which
    • the criteria           is calculated on the basis
    proposed for             of the average hourly
    the selection of         wage of the employee.
    the workers to           5. The notification on the
    be made re-              termination of the em-
    dundant;                 ployment contract is con-
    • the method for         sidered invalid in the
    calculating any          case, when more than
    redundancy               five days have passed
    payments.                since the expiry of the
                             term of notification and
                             the employer has not ter-
                             minated the contract. In
                             this period they do not
                             calculate the periods of
                             the employee’s leave and
                             temporary incapability to
                             work.

3   Employer must 09,11,20   Article 116 . Mass Dis- Code   Labor     HO-   Na-      Yes   N/A
    notify the com- 04       missals 1. In case of liq-     Code of   124-N tional
    petent public            uidation of the organiza-      RA              As-
    authority in writ-       tion or reduction of the                       sembly
    ing of any pro-          number of the employ-
    jected collective        ees, while terminating the
    redundancies             employment contracts the
    and forward to           employer shall submit the
    the workers’             information about the
    representatives          number of the dismissed
    a copy of the            employees to the State
    notification             Employment Service of
                             the Republic of Armenia
                           and the representative of
                           the employees, about the
                           termination of the em-
                           ployment contract no
                           later, than three months
                           in advance, if during two
                           months they envisage to
                           dismiss more than ten
                           percent of the total num-
                           ber of employee, which,
                           however, makes not less
                           than 10 employees (mass
                           dismissals).
4   Projected re- 09,11,20 Article 116 . Mass Dis- Code   Labor     HO-   Na-      Yes
    dundancies no- 05      missals                        Code of   124-N tional
    tified to the          1. In case of liquidation of   RA              As-
    competent pub-         the organization or reduc-                     sembly
    lic authority          tion of the number of the
    shall take effect      employees, while termi-
    not earlier than       nating the employment
    30 days after          contracts the employer
    notification.          shall submit the informa-
     Where the ini-        tion about the number of
    tial period is         the dismissed employees
    shorter than 60        to the State Employment
    days, Member           Service of the Republic of
    States may             Armenia and the repre-
    grant the com-         sentative of the employ-
    petent public          ees, about the termina-
    authority the          tion of the employment
    power to extend        contract no later than
    the initial period     three months in advance,
    to 60 days fol-        if during two months they
    lowing notifica-       envisage to dismiss more
    tion where the         than ten percent of the
    problems raised        total number of em-
    by the projected       ployee, which, however,
    collective re-         makes not less than 10
    dundancies are         employees (mass dis-
    not likely solved      missals).
    within the initial     If mass dismissals are
    period                 conditioned by the bank-
                           ruptcy of the employer,
                           then the data about the
                           employees are submitted
                           to the State Employment
                           Service of the Republic of
                           Armenia no later than
                           within three days upon
                           the court decision about
                           the bankruptcy.
                            2. Cases of dismissals of
                           employees working under
                                           employment contracts
                                           signed for a definite term
                                           and under seasonal em-
                                           ployment contracts are
                                           not considered mass
                                           dismissals if they were
                                           conducted without viola-
                                           tion of the terms men-
                                           tioned in the contracts.



            Sphere                                                                                        Employment and Labor Organization                                                                    Armenia    Georgia
    Date of Paper Adoption                                                                                         27 November 2000
         Paper name                                                 Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation
     European Legislation                                            Armenian Legislation                                                                    Georgian Legislation
                                                                                                                                                                                                                Ap-       Ap-
                                                                                                                                                                                                               proxi     proxi-
 Arti-
                                 Date of                                                                                                                                                                       ma-        ma-
 cle/ Point                                                                                                  Num- Adopt- Date of                              Type                             Num-
                                  Arme-                                 Type of                   Name of                                                                             Name of         Adopting tion Sour tion Sour
annex in           Content                          Contents                      Comments                    ber   ing  Georgian            Contents          of      Comments                 ber
                                  nian                                    act                       act                                                                                 act             body (No, ce (No, ce
num- article                                                                                                 of act body   act                                 act                             of act
                                   act                                                                                                                                                                         Yes,      Yes,
 ber
                                                                                                                                                                                                               N/A        N/A
                                                                                                                                                                                                                 )         )
1              The purpose of 09-11-04 Article 3. Principles of          Code                     Labor     HO-   Na-    25-05-06 According to Article 2(3) of Code                  Labor    3132 - Parlia- Yes        Yes
               this Directive is           Labor Legislation1. The                                Code of   124-N tional          the Labor Code any kind                            Code of 1s       ment of
               to lay down a               main principles of the la-                             RA              As-             of discrimination due to                           Georgia          Georgia
               general frame-              bor legislation are:3) Le-                                             sembly          race, color of the skin,
               work for com-               gal equality of parties of                                                             language, ethnic or social
               bating discrimi-            labor relations irrespec-                                                              affiliation, nationality, ori-
               nation on the               tive of their gender, race,                                                            gin, material or social
               grounds of re-              nation, language, origin,                                                              status, place of residence,
               ligion or belief,           citizenship, social status,                                                            age, sex, sexual orienta-
               disability, age             religion, marital and fam-                                                             tion, limited capabilities,
               or sexual orien-            ily status, age, philoso-                                                              affiliation to a religious or
               tation as re-               phy, political party, trade                                                            other association, marital
               gards employ-               union or public organiza-                                                              status, political or other
               ment and occu-              tion membership, other                                                                 views shall be prohibited.
               pation, with a              factors unrelated to the                                                               Point 4 of the article de-
               view to putting             employee’s professional                                                                fines the concept of dis-
               into effect in the          qualities;                                                                             crimination.
               Member States
               the principle of
               equal treat-
               ment.
2      1       For the pur-       09-11-04 Article 3. Principles of      Code                     Labor     HO-   Na-    25-05-06 According to Article 2(3) of Code                  Labor     3132 - Parlia- Yes        Yes
               poses of this               Labor Legislation                                      Code of   124-N tional          the Labor Code any kind                            Code of   1s     ment of
               Directive, the              1. The main principles of                              RA              As-             of discrimination due to                           Georgia          Georgia
               ‘principle of               the labor legislation are:                                             sembly          race, color of the skin,
               equal treat-                3) Legal equality of par-                                                              language, ethnic or social
               ment’ shall                 ties of labor relations irre-                                                          affiliation, nationality, ori-
               mean that there             spective of their gender,                                                              gin, material or social
               shall be no di-             race, nation, language,                                                                status, place of residence,
        rect or indirect           origin, citizenship, social                                                                          age, sex, sexual orienta-
        discrimination             status, religion, marital                                                                            tion, limited capabilities,
        whatsoever on              and family status, age,                                                                              affiliation to a religious or
        any of the                 philosophy, political party,                                                                         other association, marital
        grounds re-                trade union or public or-                                                                            status, political or other
        ferred to in Arti-         ganization membership,                                                                               views shall be prohibited.
        cle 1.                     other factors unrelated to                                                                           Point 4 of the article de-
                                   the employee’s profes-                                                                               fines the concept of dis-
                                   sional qualities;                                                                                    crimination.



2   2   For the purposes of paragraph 1:                                                                                                                                                                                         N/A   N/A
        (a) direct discrimination shall be taken to occur where one person is treated less favorably than another is, has been
        or would be treated in a comparable situation, on any of the grounds referred to in Article 1;
        (b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would
        put persons having a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons unless:
        (i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary, or (ii) as regards persons with a particular disability, the
        employer or any person or organization to whom this Directive applies, is obliged, under national legislation, to take appropriate measures in line with the principles contained in Article 5 in order to eliminate
        disadvantages entailed by such provision, criterion or practice.
2   3   Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or                N/A   N/A
        effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with
        the national laws and practice of the Member States.
2   4   An instruction to discriminate against persons on any of the grounds referred to in Article 1 shall be deemed to be discrimination within the meaning of paragraph1.                                                     N/A   N/A
2   5   This Directive shall be without prejudice to measures laid down by national law which, in a democratic society, are necessary for public security, for the maintenance of public order and the prevention of             N/A   N/A
        criminal offences, for the protection of health and for the protection of the rights and freedoms of others.
3   1   Within the limits 09,11,20 Article 3. Principles of         Code                            Labor      HO-      Na-                                                                                                      Yes   N/A
        of the areas of 04            Labor Legislation                                             Code of 124-N tional
        competence                    1. The main principles of                                     RA                  As-
        conferred on                  the labor legislation are:                                                        sembly
        the Community,                1) freedom of employ-
        this Directive                ment, including the right
        shall apply to all            to employment, which
        persons, as re-               should be freely selected
        gards both the                or agreed upon by each
        public and pri-               person; the right to ad-
        vate sectors,                 minister the labor capaci-
        including public              ties, choose the profes-
        bodies, in rela-              sion and type of activity;
        tion to:                      3) Legal equality of par-
        (a) conditions                ties of labor relations irre-
        for access to                 spective of their gender,
        employment, to                race, nation, language,
        self-                         origin, citizenship, social
        employment or                 status, religion, marital
        to occupation,                and family status, age,
        including selec-              philosophy, political party,
        tion criteria and             trade union or public or-
        recruitment                   ganization membership,
        conditions,                   other factors unrelated to
        whatever the                  the employee’s profes-
        branch of activ-              sional qualities;
        ity and at all                4) provision the right to
         levels of the               fair working conditions for
         professional                each employee, including
         hierarchy, in-              working conditions meet-
         cluding promo-              ing safety and healthy
         tion;                       working conditions;
         (b) access to all           5) equality of the rights
         types and to all            and opportunities of the
         levels of voca-             workers;
         tional guidance,            6) provision of the timely
         vocational train-           and complete remunera-
         ing, advanced               tion of the employees at
         vocational train-           the rate not lower than
         ing and retrain-            the minimal salary stipu-
         ing, including              lated by the law
         practical work              7) provision of the right to
         experience;                 freely make union for the
         (c) employment              protection of the rights
         and working                 and interests of the em-
         conditions, in-             ployees and employers,
         cluding dis-                including the rights to
         missals and                 create trade and employ-
         pay;                        ers unions or join them;
         (d) membership
         of, and in-
         volvement in,
         an organization
         of workers or
         employers, or
         any organiza-
         tion whose
         members
         carry on a par-
         ticular profes-
         sion, including
         the benefits
         provided for by
         such organiza-
         tions.
3    2   This Directive does not cover differences of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third country nationals and stateless N/A   N/A
         persons in the territory of Member States, and to any treatment which arises from the legal status of the third-country nationals and stateless persons concerned.
3    3   This Directive does not apply to payments of any kind made by state schemes or similar, including state social security or social protection schemes.                                                               N/A   N/A
3    4   Member States may provide that this Directive, in so far as it relates to discrimination on the grounds of disability and age, shall not apply to the armed forces.                                                 N/A   N/A

9    1   Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are avail- N/A       N/A
         able to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
9    2   Member States shall ensure that associations, organizations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provi-  N/A   N/A
         sions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of
         obligations under this Directive.
9    3   Paragraphs 1 and 2 are without prejudice to national rules relating to time limits for bringing actions as regards the principle of equality of treatment.                                                          N/A   N/A
10   1   Member States shall take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal N/A              N/A
         treatment has not been applied to them establish, before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the re-
         spondent to prove that there has been no breach of the principle of equal treatment.
10   2   Paragraph 1 shall not prevent Member States from introducing rules of evidence which are more favorable to plaintiffs.                                                                                              N/A   N/A
10   3   Paragraph 1 shall not apply to criminal procedures.                                                                                                                                                                  N/A   N/A
10   4   Paragraphs 1, 2 and 3 shall also apply to any legal proceedings commenced in accordance with Article 9(2).                                                                                                           N/A   N/A
10   5   Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.                                                                         N/A   N/A
11       Member States 09,11,20                                Code Chapter 15 of the RA Labor           HO-      Na-                                                                                                         Yes   N/A
         shall introduce 04                                           Labor Code com-        Code of 124-N tional
         into their na-                                               pletely refers to the RA                    As-
         tional legal sys-                                            mentioned provision.                        sembly
         tems such
         measures as
         are necessary
         to protect em-
         ployees against
         dismissal or
         other adverse
         treatment by
         the employer as
         a reaction to a
         complaint within
         the undertaking
         or to any legal
         proceedings
         aimed at en-
         forcing compli-
         ance with the
         principle of
         equal treat-
         ment.
12       Member States shall take care that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force in this field, are brought to the attention of the persons concerned by N/A   N/A
         all appropriate means, for example at the workplace, throughout their territory.

13   1   Member States 09,11,20                                Code    Chapter 7 of the RA Labor          HO-   Na-                                                                                                          Yes    N/A
         shall, in accor- 04                                           Labor Code com-       Code of      124-N tional
         dance with their                                              pletely refers to the RA                 As-
         national tradi-                                               mentioned provision.                     sembly
         tions and prac-
         tice, take ade-
         quate meas-
         ures to promote
         dialogue be-
         tween the so-
         cial partners
         with a view to
         fostering equal
         treatment, in-
         cluding through
         the monitoring
         of workplace
         practices, col-
         lective agree-
         ments, codes of
         conduct and
         through re-
         search or ex-
               change of ex-
               periences and
               good practices.
13      2      Where consistent with their national traditions and practice, Member States shall encourage the social partners, without prejudice to their autonomy, to conclude at the appropriate level agreements laying      N/A        N/A
               down anti-discrimination rules in the fields referred to in Article 3 which fall within the scope of collective bargaining. These agreements shall respect the minimum requirements laid down by this Directive
               and by the relevant national implementing measures.
14             Member States shall encourage dialogue with appropriate nongovernmental organizations which have, in accordance with their national law and practice, a legitimate interest in contributing to the fight          N/A        N/A
               against discrimination on any of the grounds referred to in Article 1 with a view to promoting the principle of equal treatment.



             Sphere                                                                                           Labor Safety and Health
     Date of Paper Adoption                                                                                        12 June 1989
                                                                                                                                                                                                                                  Armenia    Georgia
          Paper name                                    Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work
      European Legislation                                          Armenian Legislation                                                                 Georgian Legislation
                                                                                                                                                                                                                               Ap-         Ap-
 Arti-                                                                                                                                                                                                                        proxi-      proxi-
                                   Date of
 cle/ Point                                                                                                      Num- Adopt- Date of                                     Type                                 Num-             ma-         ma-
                                    Arme-                             Type of                        Name of                                                                                         Name of         Adopting        Sour        Sour
annex in           Content                           Contents                      Comments                       ber   ing Georgian                  Contents            of       Comments                    ber             tion        tion
                                    nian                                act                            act                                                                                             act             body           ce          ce
num- article                                                                                                     of act body   act                                        act                                 of act           (No,        (No,
                                     act
 ber                                                                                                                                                                                                                          Yes,         Yes,
                                                                                                                                                                                                                              N/A)         N/A)
6       1      According to                  Article 243 . Right of Em- Code                        Labor      HO-   Na-    25-05-06 Article 35. Right to Safe Code                                 Labor    3132 - Parlia- Yes           yes
               the General                   ployees to Safe Work                                   Code of    124-N tional          and Healthy Working                                            Code of 1s       ment of
               Obligations on                 1. Every employee must                                RA               As-             Conditions                                                     Georgia          Georgia
               Employers the                 be provided with proper,                                                sembly
               employers                     safe and health-friendly                                                                1. An employer shall pro-
               shall:                        working conditions as set                                                               vide an employee with
               - take the                    in the law.                                                                             working conditions that will
               measures nec-                  2. It is the responsibility                                                            be maximally safe for the
               essary for the                of an employer to ensure                                                                employee’s life and health.
               safety and                    safety and health at work                                                               2. An employer shall, in a
               health protec-                for the employees. Tak-                                                                 reasonable period of time,
               tion of workers,              ing into account the size                                                               provide an employee with
               including pre-                of an organization and                                                                  the complete, objective,
               vention of oc-                the level of risks of the                                                               timely and comprehensive
               cupational risks              production for employ-                                                                  information available to
               and provision of              ees, an employer shall                                                                  him/her regarding all the
               information and               establish in his organiza-                                                              factors that influence the
               training, as well             tion or hire a certified oc-                                                            employee’s life and health
               as provision of               cupational safety and                                                                   or the safety of natural en-
               the necessary                 health service or shall                                                                 vironment.
               organization                  perform these functions                                                                 3. An employee may re-
               and means.                    himself.                                                                                fuse to fulfill a job, task or
               The employer                  Article 253. Participation                                                              instruction, which contra-
               shall be alert to             of Employees in the Im-                                                                 dicts the law; or through
               the need to ad-               plementation of Meas-                                                                   violation of labor safety
               just these                    ures to Ensure the Safety                                                               conditions, creates obvi-
               measures to                   and Health of Employees                                                                 ous and substantial dan-
               take account of                The employer must in-                                                                  ger to the life, health,
               changing cir-                 form and consult employ-                                                                property of the employee
               cumstances                    ees about all the issues                                                                or a third party or the
               and aim to im-                related to the analysis,                                                                safety of the natural envi-
prove existing   planning of ensuring the       ronment. The employee
situations.      safety and health of em-       shall immediately notify
                 ployees, the organization      the employer of the cir-
                 and control of appropriate     cumstances which caused
                 measures. The employer         his/her refusal to fulfill
                 shall ensure the participa-    his/her obligations under
                 tion of the trade union in     the labor contract.
                 the discussion of issues       4. An employer shall im-
                 relating to ensuring the       plement a prevention sys-
                 safety and health of em-       tem for ensuring labor
                 ployees. The employer          safety; and inform an em-
                 may establish a Commit-        ployee in a timely and ap-
                 tee of Ensuring the            propriate manner of the
                 Safety and Health of Em-       risks and preventive
                 ployees Issues, the order      measures related to labor
                 of operation of which is       safety, as well as of the
                 defined by the Govern-         rules of using hazardous
                 ment of the Republic of        equipment. If necessary,
                 Armenia.                       an employer shall provide
                   Article 254. Training,       an employee with per-
                 Instruction and Qualifica-     sonal protective equip-
                 tion Testing of Employ-        ment; and with technologi-
                 ees in Occupational            cal progress replace haz-
                 Safety and Health Mat-         ardous equipment with
                 ters                           safe or less hazardous
                  1. The employer may not       appliances; also take all
                 demand that an em-             the other reasonable
                 ployee begins work in the      measures for protecting
                 organization if the em-        the safety and health of an
                 ployee has not been            employee.
                 trained and / or instructed    5. An employer shall take
                 to work in safety.             all the reasonable meas-
                  2. The employer shall         ures for timely prevention
                 ensure that the employee       of spreading and elimina-
                 working in the organiza-       tion of a workplace acci-
                 tion who has come from         dent, and for providing first
                 any other organization         aid and evacuation.
                 should not commence            6. An employer shall fully
                 work until he is informed      reimburse to an employee
                 of the existing and poten-     for the damages resulting
                 tial risk factors in the or-   from the worsening of the
                 ganization and instructed      employee’s health due to
                 to work in safety at a         his/her official duties, as
                 specific workstation.          well as the expenses of
                                                necessary medical treat-
                 Article 248 . Organization     ment.
                 and Performance of Safe        7. An employer shall en-
                 Work                           sure the protection of a
                  2. On the basis of the        pregnant woman from a
                 principles of ensuring         job that endangers the
                 safety and health at work,     welfare, physical and psy-
                 normative legal acts on        chical health of the woman
                 safety and health at work,     and fetus.
technical documentation        8. The list of dangerous
of technological proc-         and hazardous jobs and
esses and work equip-          respective labor safety
ment, the employer shall:      rules, including the rules
 1) assess potential risks     and cases of periodic
to ensuring the safety         obligatory medical test of
and health of employees;       an employee at the ex-
 2) Manages the Occu-          pense of an employer,
pational Safety and            shall be drawn up by the
Health Status Card in the      competent minister
organization. It shall indi-
cate those workstations,
work equipment, working
and rest time which are in
compliance with the re-
quirements laid down in
normative legal acts on
ensuring the safety and
health at work, as well as
measures for improving
the safety and health at
work where the level of
ensuring the occupational
safety and health does
not satisfy the require-
ments;
  3) in conformity with the
provisions of the Occupa-
tional Safety and Health
Services in organizations,
establish procedure for
monitoring compliance
with occupational safety
and health requirements
in the organization by ap-
proving the regulations of
the occupational safety
and health services in the
organization or job in-
structions of occupational
safety specialists in the
organization, by giving
instructions to the heads
of subdivisions to imple-
ment occupational safety
and health measures and
to monitor compliance
with occupational safety
and health requirements;
 4) adopt internal norma-
tive legal acts of the or-
ganization on occupa-
tional safety and health
                                (occupational safety and
                                health instructions, rules
                                for the safe performance
                                of works, etc).
                                 3. The internal normative
                                legal acts on occupa-
                                tional safety and health
                                shall be adopted by em-
                                ployer.


6   2   The employer 09-11-04 Article 244. Ensuring        Code   The clauses a), c), e) Labor      HO-   Na-      No   N/A
        shall implement       normal working condi-               f), h) of the directive Code of   124-N tional
        the measures          tions The employer is               are absent in the RA. RA                As-
        referred to in        liable to ensure normal             The provisions of                       sembly
        the first sub-        working conditions so               Section D are ad-
        paragraph of          that the employees can              dressed partially.
        paragraph 1 on        fulfill the norm of work.
        the basis of the      These conditions are as
        following gen-        follows: 1) due operation
        eral principles       of mechanisms, equip-
        of preven-            ment and other means2)
        tion:(a) avoiding     provision with technical
        risks; (b) evalu-     documents in a timely
        ating the risks       manner 3) Adequate
        which cannot          quality and timely provi-
        be avoided: (c)       sion of materials and
        combating the         tools required for the
        risks at source;      conduct of the work 4)
        (d) adapting the      Provision of the produc-
        work to the in-       tion with electricity, gas
        dividual, espe-       and other types of energy
        cially as re-         5) Working conditions,
        gards the de-         which are secure and
        sign of work          harmless for health (ad-
        places, the           herence to safety norms
        choice of work        and rules, adequate light-
        equipment and         ing, heating, air condition-
        the choice of         ing, ensuring that the
        working and           noise does not exceed
        production            the defined minimum
        methods, with a       level, radiation, vibration
        view, in particu-     and other dangerous fac-
        lar, to alleviat-     tors with negative impact
        ing monotonous        on the health of the em-
        work and work         ployee).6) other condi-
        at a predeter-        tions necessary for the
        mined work-rate       conduct of certain activi-
        and to reducing       ties Article 245 . Design
        their effect on       of Workstations 1. The
        health. (e)           workstation and working
        adapting to           environment of every
        technical pro-        employee must be safe,
gress; (f) re-      comfortable and non-
placing the         harmful to health, as well
dangerous by        as designed according to
the non-            the requirements laid
dangerous or        down in normative legal
the less dan-       acts on safety and health
gerous; (g) de-     at work. Article 246 . De-
veloping a co-      vices of Work 1. It shall
herent overall      be permitted to use only
prevention pol-     the work devices, which
icy which cov-      are in good working con-
ers technology,     dition and meet the re-
organization of     quirements established in
work, working       legal acts on safety and
conditions, so-     health at work.Article 248
cial relation-      . Organization and Per-
ships and the       formance of Safe Work
influence of fac-   2. On the basis of the
tors related to     principles of ensuring
the working en-     safety and health at work,
vironment; (h)      normative legal acts on
giving collective   safety and health at work,
protective          technical documentation
measures prior-     of technological proc-
ity over individ-   esses and work equip-
ual protective      ment, the employer shall:
measures; (i)       1) assess potential risks
giving appropri-    to ensuring the safety
ate instructions    and health of employees;
to the workers.     2) manage the Occupa-
                    tional Safety and Health
                    Status Card in the or-
                    ganization. It shall indi-
                    cate those workstations,
                    work equipment, working
                    and rest time which are in
                    compliance with the re-
                    quirements laid down in
                    normative legal acts on
                    ensuring the safety and
                    health at work, as well as
                    measures for improving
                    the safety and health at
                    work where the level of
                    ensuring the occupational
                    safety and health does
                    not satisfy the require-
                    ments; 3) in conformity
                    with the provisions of the
                    Occupational Safety and
                    Health Services in or-
                    ganizations, establish
                    procedure for monitoring
                                compliance with occupa-
                                tional safety and health
                                requirements in the or-
                                ganization by approving
                                the regulations of the oc-
                                cupational safety and
                                health services in the or-
                                ganization or job instruc-
                                tions of occupational
                                safety specialists in the
                                organization, by giving
                                instructions to the heads
                                of subdivisions to imple-
                                ment occupational safety
                                and health measures and
                                to monitor compliance
                                with occupational safety
                                and health requirements;
                                4) adopt internal norma-
                                tive legal acts of the or-
                                ganization on occupa-
                                tional safety and health
                                (occupational safety and
                                health instructions, rules
                                for the safe performance
                                of works, etc).
6   3   Without preju- 09-11-04                            Code   The RA legislation Labor     HO-   Na-      No   N/A
        dice to the             Article 248 . Organization        addresses Clause A Code of   124-N tional
        other provisions        and Performance of Safe           of the directive only RA           As-
        of this Directive,      Work                              in terms of evaluation             sembly
        the employer              2. On the basis of the          of risk factors and
        shall, taking           principles of ensuring            improvement activi-
        into account the        safety and health at work,        ties. Clause B does
        nature of the           normative legal acts on           not exist in the RA. In
        activities of the       safety and health at work,        the RA the provisions
        enterprise              technical documentation           of Clause C are ad-
        and/or estab-           of technological proc-            dressed only par-
        lishment: -             esses and work equip-             tially: specifically,
        evaluate the            ment, the employer shall:         there is nothing on
        risks to the             1) assess potential risks        the conferences in
        safety and              to ensuring the safety            cases of planning for
        health of work-         and health of employees;          and importing new
        ers, inter alia in       2) manage the Occupa-            technologies.
        the choice of           tional Safety and Health
        work equip-             Status Card in the or-
        ment, the               ganization. It shall indi-
        chemical sub-           cate those workstations,
        stances or              work equipment, working
        preparations            and rest time which are in
        used, and the           compliance with the re-
        fitting-out of          quirements laid down in
        work places.            normative legal acts on
        Subsequent to           ensuring the safety and
this evaluation     health at work, as well as
and as neces-       measures for improving
sary, the pre-      the safety and health at
ventive meas-       work where the level of
ures and the        ensuring the occupational
working and         safety and health does
production          not satisfy the require-
methods im-         ments;
plemented by         Article 253. Participation
the employer        of Employees in the Im-
must:               plementation of Meas-
(a) assure an       ures to Ensure the Safety
improvement in      and Health of Employees
the level of pro-   The employer must in-
tection afforded    form and consult employ-
to workers with     ees about all the issues
regard to safety    relating to the analysis,
and health,         planning of ensuring the
(b) be inte-        safety and health of em-
grated into all     ployees, the organization
the activities of   and control of appropriate
the undertaking     measures. The employer
and/or estab-       shall ensure the participa-
lishment and at     tion of the trade union in
all hierarchical    the discussion of issues
levels;             relating to ensuring the
- where he en-      safety and health of em-
trusts tasks to a   ployees. The employer
worker, take        may establish a Commit-
into considera-     tee of Ensuring the
tion the            Safety and Health of Em-
worker's capa-      ployees Issues, the order
bilities as re-     of operation of which is
gards health        defined by the Govern-
and safety;         ment of the Republic of
- ensure that       Armenia.
the planning        Article 247 . Protection
and introduction    from Exposure to Dan-
of new tech-        gerous Chemical Sub-
nologies are the    stances
subject of con-       3. Employees must be
sultation with      trained and instructed to
the workers         work safely with specific
and/or their rep-   dangerous chemical sub-
resentatives, as    stances. Workstations
regards the         must be supplied with
consequences        collective protective
of the choice of    equipment, as well as
equipment, the      special systems for moni-
working condi-      toring the quantities of
tions and the       these substances in the
working envi-       working environment and
ronment for the     for warning employees of
        safety and                danger. Employees must
        health of work-           be provided with personal
        ers;                      protective equipment.
        - take appropri-
        ate steps to en-          Article 254. Training, In-
        sure that only            struction and Qualifica-
        workers who               tion Testing of Employ-
        have received             ees in Occupational
        adequate in-              Safety and Health Mat-
        structions may            ters
        have access to             1. The employer may not
        areas where               demand that an em-
        there is serious          ployee begins work in the
        and specific              organization if the em-
        danger.                   ployee has not been
                                  trained and / or instructed
                                  to work in safety.
                                   2. The employer shall
                                  ensure that the employee
                                  working in the organiza-
                                  tion who has come from
                                  any other organization
                                  should not commence
                                  work until he is informed
                                  of the existing and poten-
                                  tial risk factors in the or-
                                  ganization and instructed
                                  to work in safety at a
                                  specific workstation.

6   4   Without prejudice to the other provisions of this Directive, where several undertakings share a work place, the employers shall cooperate in implementing the safety, health and occupational hygiene provi- N/A   N/A
        sions and, taking into account the nature of the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform one another and their respective
        workers and/or workers' representatives of these risks.

6   5    Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost.                                                                                      N/A    N/A
7   1   According to      09-11-04 Article 253. Participation Code In the RA legislation Labor       HO-      Na-                                                                                                   No     N/A
        the General                of Employees in the Im-           the provision men- Code of 124-N tional
        Obligations on             plementation of Meas-             tioned in the directive RA               As-
        Employers the              ures to Ensure the Safety         is implemented on a                      sembly
        employer shall             and Health of Employees           volunteer basis.
        designate one              The employer must in-
        or more work-              form and consult employ-
        ers to carry out           ees about all the issues
        activities re-             related to the analysis,
        lated to the pro-          planning of ensuring the
        tection and pre-           safety and health of em-
        vention of oc-             ployees, the organization
        cupational risks           and control of appropriate
        for the under-             measures. The employer
        taking and/or              shall ensure the participa-
        establishment.             tion of the trade union in
                                   the discussion of issues
                                   related to ensuring the
                                  safety and health of em-
                                  ployees. The employer
                                  may establish a Commit-
                                  tee of Ensuring the
                                  Safety and Health of Em-
                                  ployees Issues, the order
                                  of operation of which is
                                  defined by the Govern-
                                  ment of the Republic of
                                  Armenia.
7   2   Designated workers may not be placed at any disadvantage because of their activities related to the protection and prevention of occupational risks.                                                          N/A     N/A
        Designated workers shall be allowed adequate time to enable them to fulfill their obligations arising from this Directive.

7   3   If such protec- 09-11-04 Article 243 . Right of Em- Code     In the RA the ade- Labor          HO-   Na-                                                                                                      No      N/A
        tive and pre-            ployees to Safe Work                quate external ser- Code of       124-N tional
        ventive meas-              2. It is the responsibility       vice provided by the RA                 As-
        ures cannot be           of an employer to ensure            employer, or the lat-                   sembly
        organized for            safety and health at work           ter's activities to in-
        lack of compe-           for the employees. Tak-             volve a person in ac-
        tent personnel           ing into account the size           cordance with the
        in the undertak-         of an organization and              conditions specified
        ing and/or es-           the level of risks of the           in the directive are
        tablishment, the         production for employ-              not mentioned.
        employer shall           ees, an employer shall
        enlist compe-            establish in his organiza-
        tent external            tion or hire a certified oc-
        services or per-         cupational safety and
        sons.                    health service or shall
                                 perform these functions
                                 himself.

7   4   Where the employer enlists such services or persons, he shall inform them of the factors known to affect, or suspected of affecting, the safety and health of the workers and they must have access to the in- N/A    N/A
        formation referred.

7   5    In all cases:                                                                                                                             -the workers designated must have the necessary capabilities and N/A       N/A
        the necessary means,
        - the external services or persons consulted must have the necessary aptitudes and the necessary personal and professional means, and
        - the workers designated and the external services or persons consulted must be sufficient in number to deal with the organization of protective and preventive measures, taking into account the size of the
        undertaking and/or establishment and/or the hazards to which the workers are exposed and their distribution throughout the entire undertaking and/or establishment.

7   7   Member States may define, in the light of the nature of the activities and size of the undertakings, the categories of undertakings in which the employer, provided he is competent, may himself take responsi- N/A   N/A
        bility for the protective measures.
8   1   According to        09-11-04 Article 250 . Temporal Code The RA legislation Labor                 HO-      Na-                                                                                                  No    N/A
        the General                  Suspension of Work               provides for the         Code of 124-N tional
        Obligations on               2. In the event of danger        cases of danger in RA                        As-
        Employers em-                emerging in the organiza-        general, whereas the                         sembly
        ployer shall:                tion or its subdivision, the     directive mentions
        - take the nec-              employer must:                   specifically the case
        essary meas-                  1) immediately inform all       of fire.
        ures for first               the employees and those
        aid, fire-fighting           persons who are likely to
        and evacuation               be exposed to danger
        of workers,                  about the imminent dan-
        adapted to the               ger as well as about the
nature of the      measures to be under-
activities and     taken to endure the pro-
the size of the    tection of the safety and
undertaking        life of the employees and
and/or estab-      about actions to be un-
lishment and       dertaken by the employ-
taking into ac-    ees themselves;
count other         2) undertake measures
persons pre-       to suspend the work and
sent,              to instruct the employees
- arrange any      to leave working prem-
necessary con-     ises and move to a safe
tacts with ex-     location;
ternal services,    3) organize the provision
particularly as    of first aid to the injured,
regards first      as well as the evacuation
aid, emergency     of the employees;
medical care,       4) immediately notify
rescue work        relevant internal and ex-
and fire-          ternal services and bod-
fighting.          ies of the danger and the
                   employees injured;
                    5) until the arrival of spe-
                   cialized services, start
                   eliminating the danger
                   with the help of the spe-
                   cially trained employees,
                   employees of the occupa-
                   tional safety and health
                   service of the organiza-
                   tion.
                    5. Every organization
                   and its subdivision must
                   have evacuation plans of
                   employees.
                    6. Organizations, which
                   produce, use and store
                   dangerous substances,
                   must have possible acci-
                   dent prevention plans
                   and plans for elimination
                   of their impacts. The list
                   of such organizations
                   shall be approved in ac-
                   cordance with the proce-
                   dure established by the
                   Government of the Re-
                   public of Armenia.
                    7. Evacuation plans of
                   employees shall be
                   placed organization in
                   visible places. The em-
                   ployees of the occupa-
                                 tional safety and health
                                 committee of the organi-
                                 zation shall be informed
                                 of evacuation and acci-
                                 dent prevention plans
                                 and plans for elimination
                                 of accident impacts or-
                                 ganization


8   3   The employer 09-11-04 Article 250 . Temporal Code Unlike Clause C in Labor                   HO-      Na-                                                                                               No    N/A
        shall                     Suspension of Work 1.            the directive no ex- Code of 124-N tional
        (a) as soon as            The work is temporarily          ceptional conditions RA                    As-
        possible, inform          suspended in accordance          are mentioned in the                       sembly
        all workers who           with the procedure estab-        RA legislation.
        are, or may be,           lished by normative legal
        exposed to se-            acts: 2) in the event of a
        rious and immi-           breakdown of work equip-
        nent danger of            ment or an accident haz-
        the risk in-              ard; 5) when the work-
        volved and of             ing environment is harm-
        the steps taken           ful or dangerous to health
        or to be taken            or life.2. In the event of
        as regards pro-           danger emerging in the
        tection; (b) take         organization or its subdi-
        action and give           vision, the employer
        instructions to           must: 1) immediately in-
        enable workers            form all the employees
        in the event of           and those persons who
        serious, immi-            are likely to be exposed
        nent and un-              to danger about the im-
        avoidable dan-            minent danger as well as
        ger to stop work          about the measures to be
        and/or immedi-            undertaken to endure the
        ately to leave            protection of the safety
        the work place            and life of the employees
        and proceed to            and about actions to be
        a place of                undertaken by the em-
        safety; -(c) save         ployees themselves; 2)
        in exceptional            undertake measures to
        cases for rea-            suspend the work and to
        sons duly sub-            instruct the employees to
        stantiated, re-           leave working premises
        frain from ask-           and move to a safe loca-
        ing workers to            tion;
        resume work in
        a working situa-
        tion where
        there is still a
        serious and
        imminent dan-
        ger.
8   4   Workers who, in the event of serious, imminent and unavoidable danger, leave their workstation and/or a dangerous area may not be placed at any disadvantage because of their action and must be pro-   N/A   N/A
        tected against any harmful and unjustified consequences, in accordance with national laws and/or practices.

8   5   The employer shall ensure that all workers are able, in the event of serious and imminent danger to their own safety and/or that of other persons, and where the immediate superior responsible cannot be   N/A   N/A
        contacted, to take the appropriate steps in the light of their knowledge and the technical means at their disposal, to avoid the consequences of such danger.
9   1   According to       09-11-04 Article 248 . Organization Code Clause D of the di- Labor           HO-       Na-                                                                                               No    N/A
        the General                 and Performance of Safe              rective is missing in Code of 124-N tional
        Obligations on              Work                                 the RA legislation.   RA                 As-
        Employers the               2. On the basis of the                                                        sembly
        employer shall:             principles of ensuring
        (a) be in pos-              safety and health at work,
        session of an               normative legal acts on
        assessment of               safety and health at work,
        the risks to                technical documentation
        safety and                  of technological proc-
        health at work,             esses and work equip-
        including those             ment, the employer shall:
        facing groups of             1) assess potential risks
        workers ex-                 to ensuring the safety
        posed to par-               and health of employees;
        ticular risks;               2) manage the Occupa-
        (b) decide on               tional Safety and Health
        the protective              Status Card in the or-
        measures to be              ganization. It shall indi-
        taken and, if               cate those workstations,
        necessary, the              work equipment, working
        protective                  and rest time which are in
        equipment to                compliance with the re-
        be used;                    quirements laid down in
        (c) keep a list of          normative legal acts on
        occupational                ensuring the safety and
        accidents re-               health at work, as well as
        sulting in a                measures for improving
        worker being                the safety and health at
        unfit for work              work where the level of
        for more than               ensuring the occupational
        three working               safety and health does
        days;                       not satisfy the require-
        (d) draw up, for            ments;
        the responsible               3) in conformity with the
        authorities and             provisions of the Occupa-
        in accordance               tional Safety and Health
        with national               Services in organizations,
        laws and/or                 establish procedure for
        practices, re-              monitoring compliance
        ports on occu-              with occupational safety
        pational acci-              and health requirements
        dents suffered              in the organization by ap-
        by his workers.             proving the regulations of
                                    the occupational safety
                                    and health services in the
                                    organization or job in-
                                    structions of occupational
                                    safety specialists in the
                                    organization, by giving
                                    instructions to the heads
                                    of subdivisions to imple-
                                    ment occupational safety
                                    and health measures and
                                    to monitor compliance
                                    with occupational safety
                                    and health requirements;
                                     4) adopt internal norma-
                                    tive legal acts of the or-
                                    ganization on occupa-
                                    tional safety and health
                                    (occupational safety and
                                    health instructions, rules
                                    for the safe performance
                                    of works, etc).
                                    Article 261 . Official in-
                                    vestigation of accidents
                                    and occupational dis-
                                    eases
                                    1. Official investigation is
                                    conducted with the pur-
                                    pose of identification of
                                    the reasons for accidents
                                    and occupational dis-
                                    eases. Occupational dis-
                                    eases and accidents are
                                    subject to mandatory reg-
                                    istration by the employer.
                                    The procedure for the
                                    registration of occupa-
                                    tional diseases and offi-
                                    cial investigation is de-
                                    fined by the Government
                                    of the Republic of Arme-
                                    nia
10   1   requires that the employer shall take appropriate measures so that workers and/or their representatives in the undertaking receive, all the necessary information concerning:                   N/A   N/A
         the safety and health risks and protective and preventive measures and activities in respect of both the undertaking and/or establishment in general and each type of workstation and/or job;
11   1    requires that 09-11-04 Article 253. Participation Code The second sentence Labor               HO-      Na-                                                                                    No    N/A
         employers shall            of Employees in the Im-           of the directive is     Code of 124-N tional
         consult workers            plementation of Meas-             missing in the RA       RA                  As-
         and/or their rep-          ures to Ensure the Safety         legislation.                                sembly
         resentatives               and Health of Employees
         and allow them             The employer must in-
         to take part in            form and consult employ-
         discussions on             ees about all the issues
         all questions              related to the analysis,
         relating to                planning of ensuring the
         safety and                 safety and health of em-
         health at work.            ployees, the organization
         This presup-               and control of appropriate
         poses: - the               measures. The employer
         consultation of            shall ensure the participa-
         workers, - the             tion of the trade union in
         right of workers           the discussion of issues
         and/or their rep-          related to ensuring the
         resentatives to            safety and health of em-
         make propos-               ployees. The employer
         als, - balanced            may establish a Commit-
         participation in           tee of Ensuring the
         accordance                 Safety and Health of Em-
         with national              ployees Issues, the order
         laws and/or                of operation of which is
         practices.                 defined by the Govern-
                                    ment of the Republic of
                                    Armenia.
12   1   According to      09-11-04 Article 254. Training, In- Code   The need for training Labor   HO-   Na-      No   N/A
         the employer               struction and Qualifica-          while acquiring new Code of   124-N tional
         shall ensure               tion Testing of Employ-           equipment and new RA                As-
         that each                  ees in Occupational               technologies is miss-               sembly
         worker receives            Safety and Health Mat-            ing in the RA legisla-
         adequate safety            ters                              tion.
         and health                  1. The employer may not
         training, in par-          demand that an em-
         ticular in the             ployee begins work in the
         form of informa-           organization if the em-
         tion and instruc-          ployee has not been
         tions specific to          trained and / or instructed
         his workstation            to work in safety.
         or job:                     2. The employer shall
         - on recruit-              ensure that the employee
         ment,                      working in the organiza-
         - in the event of          tion who has come from
         a transfer or a            any other organization
         change of job,             should not commence
         - in the event of          work until he is informed
         the introduction           of the existing and poten-
         of new work                tial risk factors in the or-
         equipment or a             ganization and instructed
         change in                  to work in safety at a
         equipment,                 specific workstation.
         - in the event of
         the introduction
         of any new
         technology.
         The training
         shall be:
         - adapted to
         take account of
         new or changed
         risks, and
         - repeated peri-
         odically if nec-
         essary.
            Sphere                                                                              Employment and Labor Organization                                                                           Armenia    Georgia
    Date of Paper Adoption                                                                               14 October 1991
         Paper name                      COUNCIL DIRECTIVE on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (91/533/EEC)
     European Legislation                                   Armenian Legislation                                                                    Georgian Legislation
                                                                                                                                                                                                              Ap-       Ap-
                                                                                                                                                                                                             proxi     proxi-
 Arti-
                               Date of                                                                                                                                                                       ma-        ma-
 cle/ Point                                                                                            Num- Adopt- Date of                             Type                                  Num-
                                Arme-                           Type of                     Name of                                                                                 Name of         Adopting tion Sour tion Sour
annex in          Content                      Contents                     Comments                    ber   ing  Georgian           Contents          of          Comments                  ber
                                nian                              act                         act                                                                                     act             body (No, ce (No, ce
num- article                                                                                           of act body   act                                act                                  of act
                                 act                                                                                                                                                                         Yes,      Yes,
 ber
                                                                                                                                                                                                             N/A        N/A
                                                                                                                                                                                                               )         )
1              Scope 1. This 09-11-04 Article 1. Relations regu- Code                      Labor      HO-   Na-    25-05-06 Article 1. Sphere of Appli- Code   According to the Labor       3132 - Parlia- Yes        N/A
               Directive shall        lated by the Labor Code                              Code of    124-N tional          cation1. The Labor Code            Article 6 (1) con- Code of 1s        ment of
               apply to every         of the Republic of Arme-                             RA               As-             governs labor and related          clusion of contract Georgia          Georgia
               paid employee          nia 1. This code regulates                                            sembly          relations on the territory of      can be performed
               having a con-          collective and individual                                                             Georgia which are not oth-         either in written or
               tract or em-           working relations, defines                                                            erwise regulated by a              in oral forms. The
               ployment rela-         the bases for the estab-                                                              special law or an interna-         scope of informa-
               tionship defined       lishment, modification                                                                tional agreement of Geor-          tion that must be
               by the law in          and termination of these                                                              gia.2. The issues related          reflected in the
               force in a             relations and the order for                                                           to labor relations that are        contract in not de-
               Member State           their realizations, rights,                                                           not regulated by this Code         fined.
               and/or gov-            obligations and responsi-                                                             or any other relevant law
               erned by the           bilities of subjects of the                                                           shall be governed by the
               law in force in a      labor relations, as well as                                                           provisions of the Civil
               Member State.          conditions for providing                                                              Code. Article 6. Conclud-
                                      security and maintaining                                                              ing a Labor Contract1. A
                                      the health of employees.                                                              labor contract shall be
                                      Article 83. Concept of an                                                             made in writing or verbally
                                      Employment Contract                                                                   for a definite or indefinite
                                      An employment contract                                                                period of time, also for a
                                      shall be an agreement                                                                 period of fulfillment of the
                                      between an employee                                                                   work.
                                      and an employer, accord-
                                      ing to which the em-
                                      ployee undertakes to per-
                                      form work of a certain
                                      profession, qualification
                                      or to provide certain ser-
                                      vices in accordance with
                                      the code of conduct es-
                                      tablished at the work-
                                      place, and the employer
                                      undertakes to provide the
                                      employee with the work
                                      specified in the contract,
                                      to pay him the agreed
                                      wage for the work done
                                      and to ensure working
                                      conditions as set in the
                                      legislation of the Republic
                                      of Armenia, other norma-
                                  tive legal acts the collec-
                                  tive contract and by
                                  agreement between the
                                  parties.
        2. Member States may provide that this Directive shall not apply to employees having a contract or employment relationship: (a) - with a total duration not exceeding one month, and/or                          N/A   N/A
        - with a working week not exceeding eight hours; or (b) of a casual and/or specific nature provided, in these cases, that its non-application is justified by objective considerations.
2   1   Obligation to 09-11-04 Article 85. The Form of Code                                  Labor       HO-      Na-    25-05-06 Article 1. Sphere of Appli- Code The Article 5                Labor     3132 - Parlia- Yes   N/A
        provide infor-            the Employment Contract                                    Code of 124-N tional                      cation                              (1,2,3) creates of Code of     1s     ment of
        mation 1. An              and the Procedure of its                                   RA                   As-                  1. The Labor Code gov-              certain risk for em- Georgia          Georgia
        employer shall            Conclusion                                                                      sembly               erns labor and related re-          ployees as it pro-
        be obliged to             4. When hiring the in-                                                                               lations on the territory of         vides the employ-
        notify an em-             cumbent the employer or                                                                              Georgia which are not               ers with more
        ployee to whom            the person authorized by                                                                             otherwise regulated by a            power in obtaining
        this Directive            him shall familiarize                                                                                special law or an interna-          information.
        applies, herein-          him/her with working                                                                                 tional agreement of Geor-           The scope of in-
        after referred to         conditions, collective con-                                                                          gia.                                formation that must
        as 'the em-               tract (if available), internal                                                                       2. The issues related to            be reflected in the
        ployee', of the           code of conduct and                                                                                  labor relations that are not        contract in not de-
        essential as-             other legal acts regulating                                                                          regulated by this Code or           fined. According to
        pects of the              his/her work at the place                                                                            any other relevant law              point 6 of Article 5
        contract or em-           of work, which shall be                                                                              shall be governed by the            employee can only
        ployment rela-            asserted by the employ-                                                                              provisions of the Civil             try to obtain infor-
        tionship.                 ees signature.                                                                                       Code.                               mation on em-
                                                                                                                                       Article 6. Concluding a             ployer, but em-
                                                                                                                                       Labor Contract                      ployer is not re-
                                                                                                                                       1. A labor contract shall be        quired to provide
                                                                                                                                       made in writing or verbally         information.
                                                                                                                                       for a definite or indefinite
                                                                                                                                       period of time, also for a
                                                                                                                                       period of fulfillment of the
                                                                                                                                       work.



2   2   The information 09-11-04 Article 85. The Form of Code                                 Labor      HO-   Na-                                                                                                      Yes    N/A
        referred to in           the Employment Contract                                      Code of    124-N tional
        paragraph 1              and the Procedure of its                                     RA               As-
        shall cover at           Conclusion 4. When hir-                                                       sembly
        least the follow-        ing the incumbent the
        ing: (a) the             employer or the person
        identities of the        authorized by him shall
        parties; (b) the         familiarize him/her with
        place of work;           working conditions, col-
        where there is           lective contract (if avail-
        no fixed or main         able), internal code of
        place of work,           conduct and other legal
        the principle            acts regulating his/her
        that the em-             work at the place of work,
        ployee is em-            which shall be asserted
        ployed at vari-          by the employees signa-
        ous places and           ture. Article 84 . Content
        the registered           of an Employment Con-
        place of busi-           tract 1. In the employ-
ness or, where        ment contract they men-
appropriate, the      tion the name, surname
domicile of the       (upon his/her wish also
employer; (c) (i)     patronymic) of the em-
the title, grade,     ployee concluding con-
nature or cate-       tract and title (name, sur-
gory of the work      name (upon his/her wish
for which the         also patronymic), if the
employee is           employer is a natural per-
employed; or          son) of the employer. The
(ii) a brief speci-   employment contract
fication or de-       shall cover the following
scription of the      conditions: 1) the place of
work; (d) the         work (mentioning the
date of com-          structural subdivision);2)
mencement of          the year, month, date of
the contract or       the beginning of the
employment            work;3) the name of the
relationship; (e)     position, profession, men-
in the case of a      tioning the qualification
temporary con-        requirements and func-
tract or em-          tions 4) the rights and ob-
ployment rela-        ligations of the em-
tionship, the         ployee;5) the rights and
expected dura-        obligations of the em-
tion thereof; (f)     ployer;6) the conditions
the amount of         and size of remuneration
paid leave to         for work.7) the descrip-
which the em-         tion of working conditions
ployee is enti-       in case the work is done
tled or, where        under hard, harmful and
this cannot be        (or) dangerous conditions
indicated when        – the privileges and com-
the information       pensations of employ-
is given, the         ees8) the validity of the
procedures for        employment contract 9)
allocating and        the year, month and date
determining           of conclusion of the em-
such leave; (g)       ployment contract2. In
the length of         certain cases the labor
the periods of        legislation or collective
notice to be ob-      contracts may provide
served by the         for other mandatory con-
employer and          ditions to be specified in
the employee          the employment con-
should their          tract.3. The parties may
contract or em-       include other conditions
ployment rela-        in the employment con-
tionship be ter-      tract, which are not en-
minated or,           visaged in section 1 of
where this can-       this article
not be indicated
when the infor-
        mation is given,
        the method for
        determining
        such periods of
        notice; (h) the
        initial basic
        amount, the
        other compo-
        nent elements
        and the fre-
        quency of pay-
        ment of the re-
        muneration to
        which the em-
        ployee is enti-
        tled; (i) the
        length of the
        employee's
        normal working
        day or week; (j)
        where appro-
        priate; (i) the
        collective
        agreements
        governing the
        employee's
        conditions of
        work; (ii) in the
        case of collec-
        tive agreements
        concluded out-
        side the busi-
        ness by special
        joint bodies or
        institutions, the
        name of the
        competent body
        or joint institu-
        tion within
        which the
        agreements
        were con-
        cluded.
2   3    The information referred to in paragraph 2 (f), (g), (h) and (i) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective   N/A   N/A
        agreements governing those particular points.
3   1   Means of in-      09-11-04 Article 85. The Form of Code The RA Labor Code Labor                    HO-      Na-                                                                                                   No    N/A
        formation                  the Employment Contract                lacks the statement Code of 124-N tional
        The information            and the Procedure of its               mentioning about the RA                   As-
        referred to in             Conclusion                             2 months period                           sembly
        Article 2 (2)              1. The employment con-                 within which the re-
        may be given to            tract is concluded in the              quested information
        the employee,              written form through                   should be provided in
        not later than             drawing up one docu-                   a written form.
        two months af-              ment signed by the par-
        ter the com-                ties.
        mencement of                2. The employment con-
        employment, in              tract is concluded in two
        the form of: (a)            copies. The employment
        a written con-              contract is signed by the
        tract of em-                employer or his represen-
        ployment;                   tative and the employee.
        and/or (b) a let-           One copy of the signed
        ter of engage-              employment contract is
        ment; and/or (c)            given to the employee,
        one or more                 the other one remains
        other written               with the employer. The
        documents,                  employment contract is
        where one of                registered in the ledger of
        these docu-                 employment contracts of
        ments contains              the employer the same
        at least all the            day. The procedure for
        information re-             the registration of the
        ferred to in Arti-          employment contract, the
        cle 2 (2) (a), (b),         form of the ledger, the
        (c), (d), (h) and           procedure for its man-
        (i).                        agement and mainte-
                                    nance is defined by the
                                    Government of the Re-
                                    public of Armenia.
                                    3. The employer allows
                                    the employee to start the
                                    work only after the em-
                                    ployment contract is
                                    signed and the second
                                    copy of the contract is
                                    provided to the em-
                                    ployee. The responsibility
                                    for the adequate draw up
                                    of the employment con-
                                    tract lies with the em-
                                    ployer.
3   2   Where none of the documents referred to in paragraph 1 is handed over to the employee within the prescribed period, the employer shall be obliged to give the employee, not later than two months after the         N/A   N/A
        commencement of employment, a written declaration signed by the employer and containing at least the information referred to in Article 2(2) Where the document(s) referred to in paragraph 1 contain only
        part of the information required, the written declaration provided for in the first subparagraph of this paragraph shall cover the remaining information.
3   3    Where the contract or employment relationship comes to an end before expiry of a period of two months as from the date of the start of work, the information provided for in Article 2 and in this Article must    N/A   N/A
        be made available to the employee by the end of this period at the latest.
4   1   Expatriate employees                                                                                                                            Where an employee is required to work in a country or countries     N/A   N/A
        other than the Member State whose law and/or practice governs the contract or employment relationship, the document(s) referred to in Article 3 must be in his/her possession before his/her departure and
        must include at least the following additional information: (a) the duration of the employment abroad (b) the currency to be used for the payment of remuneration; (c) where appropriate, the benefits in cash or
        kind attendant on the employment abroad; (d) where appropriate, the conditions governing the employee's repatriation.
4   2    The information referred to in paragraph 1 (b) and (c) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements    N/A   N/A
        governing those particular points.
4   3    Paragraphs 1 and 2 shall not apply if the duration of the employment outside the country whose law and/or practice governs the contract or employment relationship is one month or less.                           N/A   N/A
5   1   Modification of 09-11-04 Article 105 . Modification Code The RA legislation Labor                   HO-      Na-                                                                                                    No    N/A
        aspects of the              of Employment Contract               does not include a Code of 124-N tional
        contract or em-             2. The conditions of an              statement about the RA                      As-
        ployment rela-              employment contract set             mentioned timeframe                      sembly
        tionship 1. Any             in clauses 1, 3 and 4 of            - maximum one
        change in the               section 1 and section 2 of          month, within which
        details referred            the Article 84 of this              the relevant informa-
        to in Articles 2            Code may be changed                 tion should be pro-
        (2) and 4 (1)               with the prior written con-         vided in case there
        must be the                 sent of an employee, ex-            are changes in the
        subject of a                cept for the cases estab-           contract provisions.
        written docu-               lished in Article 106 of
        ment to be                  this Code. 3. An em-
        given by the                ployer may change the
        employer to the             conditions of remunera-
        employee at the             tion for work without the
        earliest oppor-             written consent of an em-
        tunity and not              ployee only in case of
        later than one              changes in the conditions
        month after the             of remuneration of work
        date of entry               by the law or collective
        into effect of the          contract.
        change in ques-
        tion.
5   2   The written        09-11-04 Article 105 . Modification Code Unlike the directive, Labor          HO-     Na-                                                                                                       No    N/A
        document re-                of Employment Contract              according to the RA Code of 124-N tional
        ferred to in                 3. An employer may                 Labor Code the em- RA                    As-
        paragraph 1                 change the conditions of            ployer has a right not                   sembly
        shall not be                remuneration for work               to inform the em-
        compulsory in               without the written con-            ployee in a written
        the event of a              sent of an employee only            form only in accor-
        change in the               in case of changes in the           dance with the law or
        laws, regula-               conditions of remunera-             in case of changes
        tions and ad-               tion of work by the law or          regarding the wages
        ministrative or             collective contract.                if a collective contract
        statutory provi-                                                is signed.
        sions or collec-
        tive agreements
        cited in the
        documents re-
        ferred to in Arti-
        cle 3, supple-
        mented, where
        appropriate,
        pursuant to Ar-
        ticle 4 (1).
6       Form and proof of the existence of a contract or employment relationship and procedural rules This Directive shall be without prejudice to national law and practice concerning:                                   N/A   N/A
        - the form of the contract or employment relationship,
        - proof as regards the existence and content of a contract or employment relationship,
        - the relevant procedural rules.
7       More favorable provisions                                                                                                                             This Directive shall not affect Member States' prerogative   N/A   N/A
        to apply or to introduce laws, regulations or administrative provisions which are more favorable to employees or to encourage or permit the application of agreements which are more favorable to employees.
8   1   Defense of         09-11-04 Article 264 . Labor Dis- Code                                Labor   HO-     Na-                                                                                                       Yes   N/A
        rights                      pute Examination Bodies                                      Code of 124-N tional
        Member States                1. The labor disputes                                       RA              As-
        shall introduce             shall be examined in le-                                                     sembly
            into their na-             gal form – in order estab-
            tional legal sys-          lished by the Civil Proce-
            tems such                  dures Code of the Re-
            measures as                public of Armenia.
            are necessary
            to enable all
            employees who
            consider them-
            selves wronged
            by failure to
            comply with the
            obligations aris-
            ing from this
            Directive to pur-
            sue their claims
            by judicial proc-
            ess after possi-
            ble recourse to
            other compe-
            tent authorities.
8     2     Member States may provide that access to the means of redress referred to in paragraph 1 are subject to the notification of the employer by the employee and the failure by the employer to reply within 15 N/A              N/A
            days of notification. However, the formality of prior notification may in no case be required in the cases referred to in Article 4, neither for workers with a temporary contract or employment relationship, nor for
            employees not covered by a collective agreement or by collective agreements relating to the employment relationship.


           Sphere                                                                                    Employment and Labor Organization
   Date of Paper Adoption                                                                                     23 November 1993
                                                                                                                                                                                                                               Armenia    Georgia
        Paper name                                                        Council directive 93/104/EC concerning certain aspects of the organization of working time
    European Legislation                                         Armenian Legislation                                                                    Georgian Legislation
Arti- Point Content          Date of Contents                    Type of Comments             Name of Num- Adopt- Date of        Contents                  Type Comments                        Name of Num-      Adopting Ap-           Ap-
cle/ in                      Arme-                               act                          act       ber    ing     Georgian                            of                                   act     ber       body     proxi         proxi-
annex article                nian                                                                       of act body act                                    act                                          of act             ma-           ma-
num-                         act                                                                                                                                                                                           tion          tion
ber                                                                                                                                                                                                                        (No,          (No,
                                                                                                                                                                                                                           Yes,          Yes,
                                                                                                                                                                                                                           N/A)          N/A)
3           minimum daily 09-11-04 Article 154 . Rest during Code                                Labor      HO-   Na-    25-05-06 Article 14 .Duration of     Code                              Labor      3132 - Parlia- Yes            Yes
            rest period of         the Day                                                       Code of    124-N tional          Working Time                                                  Code of    1s     ment of
            11                     1. The duration of unin-                                      RA               As-             2. The duration of rest be-                                   Georgia           Georgia
            consecutive            terrupted rest between                                                         sembly          tween business days
            hours per 24-          working days/shifts may                                                                        (shifts) shall not be less
            hour period            not be shorter than 11                                                                         than 12 hours.
                                   hours.


5           minimum unin- 09-11-04 Article 155 . Uninter-        Code                            Labor      HO-   Na-                                                                                                         Yes        N/A
            terrupted rest            rupted weekly rest                                         Code of    124-N tional
            period of 24              5. An uninterrupted                                        RA               As-
            hours plus the            weekly rest period shall                                                    sembly
            11 hours’ daily           not be shorter than 35
            rest referred to          hours.
            in Article 3
6           the average      09-11-04 Article 139. Duration of   Code                            Labor      HO-     Na-      25-05-06 Article 14 .Duration of        Code This provides that Labor         3132 - Parlia-     Yes        N/A
    working time for         Working Time                       Code of   124-N tional              Working Time                 working time must Code of      1s    ment of
    each seven-day           3. Maximum work dura-              RA              As-                 1. Unless otherwise de-      not be more than Georgia             Georgia
    period, includ-          tion, including:                                   sembly              fined by the labor contract, 41 hours per week,
    ing overtime,            1) Overtime in cases en-                                               the working time set by an   only in the absence
    does not ex-             visaged by article 145 of                                              employer during which an     of such provision in
    ceed 48 hours            this Labor Code at the                                                 employee fulfills work shall the labor contract.
                             request of the employer,                                               not exceed (41) hours per    Otherwise labor
                             must not exceed 48                                                     week. Working time does      contract will define
                             hours per week.                                                        not include a break and      working hours. Un-
                                                                                                    rest time.                   der such a rule
                                                                                                                                 worker might be
                                                                                                                                 required by con-
                                                                                                                                 tract to work be-
                                                                                                                                 yond the limits pre-
                                                                                                                                 scribed by ILO
                                                                                                                                 conventions and
                                                                                                                                 EC directives
7   minimum 4       09-11-04 Article 159 . Minimum       Code   Labor     HO-   Na-    25-06-06 Article 21. Duration of     Code                      Labor     3132 - Parlia- Yes    N/A
    weeks of paid            Annual Leave 1. Dura-              Code of   124-N tional          Leave1. The minimum du-                               Code of   1s     ment of
    annual leave             tion of annual leave shall         RA              As-             ration of annual paid leave                           Georgia          Georgia
                             be 28 days.                                        sembly          shall be 24 business days;
8   maximum 8       09-11-04 Article 148 . Work at       Code   Labor     HO-   Na-                                                                                             Yes   N/A
    hours in any             Night                              Code of   124-N tional
    period of 24             1. Night time considered           RA              As-
    hours for night          is the time from 10 p.m.                           sembly
    work                     to 6 a.m.
                              2. Work shall be consid-
                             ered to be a night time
                             work if at least three
                             working hours happen to
                             be at night. The duration
                             of night work is reduced
                             by one hour.
                              5. Duration of the work at
                             night shall not be short-
                             ened in case of continued
                             production, as well as in
                             cases when under em-
                             ployment contract the
                             work is conducted at
                             night.


9   free health as- 09-11-04 Article 148 . Work at     Code     Labor     HO-   Na-                                                                                             Yes   N/A
    sessment for             Night                              Code of   124-N tional
    night workers            3. Working at night shall          RA              As-
                             be prohibited to persons                           sembly
                             under 18, as well as to
                             persons who are not al-
                             lowed to work at night
                             according to the medical
                             conclusions.
9              transfer of night 09-11-04 Article 148 . Work at         Code                           Labor      HO-      Na-                                                                                                        Yes        N/A
               workers suffer-             Night                                                       Code of 124-N tional
               ing from a                  6. If it is established that                                RA                  As-
               health problems             work at night has harmed                                                        sembly
               to day work                 or may cause harm to the
                                           employee’s health, the
                                           employer must transfer
                                           the employee to day
                                           work.
10             Safety and         09-11-04 Article 148 . Work at        Code                           Labor      HO-      Na-                                                                                                        Yes        N/A
               health guaran-              Night                                                       Code of 124-N tional
               tees for night-             3. Working at night shall                                   RA                  As-
               time working                be prohibited to persons                                                        sembly
               Member States               under 18, as well as to
               may make the                persons who are not al-
               work of certain             lowed to work at night
               categories of               according to the medical
               night workers               conclusions.
               subject to cer-              4. Pregnant women and
               tain guaran-                women taking care of a
               tees, under                 child under three may be
               conditions laid             assigned to night work
               down by na-                 only with their consent.
               tional legislation
               and/or practice,
               in the case of
               workers who
               incur risks to
               their safety or
               health linked to
               night-time work-
               ing.
11             notification of competent authorities on the regular use of night workers                                                                                                                                              N/A        N/A
12             Safety and health protection                                                                                                                                                                                           N/A        N/A
               Member States shall take the measures necessary to ensure that:
               1. night workers and shift workers have safety and health protection appropriate to the nature of their work;
               2. appropriate protection and prevention services or facilities with regard to the safety and health of night workers and shift workers are equivalent to those applicable to other workers and are available at all
               times.
13             Pattern of work                                                                                                                                                                                                        N/A        N/A
               Member States shall take the measures necessary to ensure that an employer who intends to organize work according to a certain pattern takes account of the general principle of adapting work to the
               worker, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate, depending on the type of activity, and of safety and health requirements, especially as regards
               breaks during working time.


             Sphere                                                                                   Employment and Labor Organization
     Date of Paper Adoption                                                                                     12 March 2001
          Paper name             Council directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings,                       Armenia    Georgia
                                                                                              businesses or pats of undertakings or businesses
   European Legislation                                          Armenian Legislation                                                                    Georgian Legislation
 Arti-                           Date of                                                                                                                                                                                               Ap-        Ap-
       Point                                                                                             Num- Adopt- Date of                               Type                                  Num-
 cle/                             Arme-                           Type of                      Name of                                                                                 Name of          Adopting                      proxi Sour proxi- Sour
         in    Content                           Contents                    Comments                     ber    ing    Georgian           Contents          of       Comments                     ber
annex                             nian                              act                           act                                                                                    act              body                        ma- ce ma- ce
       article                                                                                           of act body        act                             act                                  of act
num-                               act                                                                                                                                                                                                tion        tion
    ber                                                                                                                                                                                                                        (No,       (No,
                                                                                                                                                                                                                               Yes,       Yes,
                                                                                                                                                                                                                               N/A)       N/A)
3         2    Member states adopt appropriate measures to ensure that the transferor notifies the transferee of all the rights and obligations which will be transferred to the transferee…
4              The transfer of 09-11-04 Article 126 . Restrictions Code The second state-         Labor      HO-       Na-                                                                                                     No         N/A
               undertaking              on the Termination of an         ment of the provision Code of 124-N tional
               businesses or            Employment Contract              of the directive is ab- RA                    As-
               parts of under-          during the Reorganization        sent.                                         sembly
               takings or busi-         of an Organization
               nesses shall             Reorganization of an or-
               not itself consti-       ganization, as well as
               tute grounds for         changes of the owner
               dismissal by the         and its ownership right
               transferor or            shall not be a ground for
               transferee. This         terminating the employ-
               provision shall          ment contract.
               not stand in the
               way of dismiss-
               als that take
               place for eco-
               nomic, techni-
               cal, or organ-
               izational rea-
               sons entailing
               changes in the
               workforce

7              Transferor or transferee shall be required to inform the representatives of their respective employees affected by the transfer of the following:                                                                N/A       N/A
               • the date or proposed date of the transfer;
               • the reasons for the transfer;
               • the legal, economic and social implications of the transfer for the employees;
               • any measures envisaged in the relation to the employees.
               The transferor and transferee must give such information to the representatives of his employees in good time, before the transfer is carried out and before his employees are directly affected by the transfer
               as regards their conditions of work and employment


         Sphere                                                                                                           Migration
Venue/Date of Paper Adop-                                                                                           Strasbourg, 24.XI.1977
          tion                                                                                                                                                                                                                  Armenia    Georgia
      Paper name                                                                   EUROPEAN CONVENTION ON THE LEGAL STATUS OF MIGRANT WORKERS
  European Legislation                                              Armenian Legislation                                                  Georgian Legislation
                                                                                                                                                                                                                           Ap-        Ap-
 Arti-                                                                                                                                                                                                                    proxi      proxi-
                                 Date of
 cle/ Point                                                                                                     Num- Adopt- Date of                                     Type                              Num-             ma-        ma-
                                  Arme-                              Type of                         Name of                                                                                      Name of        Adopting       Sour        Sour
annex in           Content                           Contents                     Comments                       ber   ing  Georgian                 Contents            of        Comments                ber             tion       tion
                                  nian                                 act                             act                                                                                          act            body          ce          ce
num- article                                                                                                    of act body   act                                        act                              of act           (No,       (No,
                                   act
 ber                                                                                                                                                                                                                      Yes,       Yes,
                                                                                                                                                                                                                          N/A)       N/A)
Arti- 1        For the purpose of this Convention, the term “migrant worker” shall mean                                                                                                                                   N/A        N/A
cle1           a national of a Contracting Party
Defi-          who has been authorized by another Contracting Party to reside in its territory in order to take up paid employment.
nition
       2       This Convention shall not apply to:                                                                                                                                                                             N/A        N/A
              a frontier workers, artists, other entertainers and sportsmen engaged for a short period and members of a liberal profession; seamen; persons undergoing training, seasonal workers; seasonal migrant work-
              ers are those who, being nationals of a Contracting Party, are employed on the territory of another Contracting Party in an activity dependent on the rhythm of the seasons, on the basis of a contract for a
              specified period or for specified employment; workers, who are nationals of a Contracting Party, carrying out specific work in the territory of another Contracting Party on behalf of an undertaking having its
              registered office outside the territory of that Contracting Party.
Arti- 1       The recruitment of prospective migrant workers may be carried out either by named or by unnamed request and in the latter case shall be effected through the intermediary of the official authority in the State N/A     N/A
cle 2         of origin if such an authority exists and, where appropriate, through the intermediary of the official authority of the receiving State.
–
Forms
of re-
cruit-
ment
       2      The administrative costs of recruitment, introduction and placing, when these operations are carried out by an official authority, shall not be borne by the prospective migrant worker.                           N/A   N/A
Arti- 1       Recruitment of prospective migrant workers may be preceded by a medical examination and a vocational test.                                                                                                         N/A   N/A
cle 3
–
Medi-
cal
exami
na-
tions
and
voca-
tional
test

          2   The medical examination and the vocational test are intended to establish whether the prospective migrant worker is physically and mentally fit and technically qualified for the job offered to him and to make   N/A   N/A
              certain that his state of health does not endanger public health.
          3   Arrangements for the reimbursement of expenses connected with medical examination and vocational test shall be laid down when appropriate by bilateral agreements, so as to ensure that such expenses              N/A   N/A
              do not fall upon the prospective migrant worker.
          4   A migrant worker to whom an individual offer of employment is made shall not be required, otherwise than on grounds of fraud, to undergo a vocational test except at the employer's request.                       N/A   N/A
Arti-     1   Each Contracting Party shall guarantee the following rights to migrant workers:                                                                                                                                    N/A   N/A
cle 4         – the right to leave the territory of the Contracting Party of which they are nationals;
–             – the right to admission to the territory of a Contracting Party in order to take up paid employment after being authorized to do so and obtaining the necessary papers.
Right
of exit
–
Right
to ad-
mis-
sion –
Ad-
minis-
trative
for-
mali-
ties

          2   These rights shall be subject to such limitations as are prescribed by legislation and are necessary for the protection of national security, public order, public health or morals.                               N/A   N/A
          3   The papers required of the migrant worker for emigration and immigration shall be issued as expeditiously as possible free of charge or on payment of an amount not exceeding their administrative cost.           N/A   N/A
Arti-                                                                                                                                                                                                                            N/A   N/A
cle 5         Every migrant worker accepted for employment shall be provided prior to departure for the receiving State with a contract of employment or a definite offer of employment, either of which may be drawn up in
– For-        one or more of the languages in use in the State of origin and in one or more of the languages in use in the receiving State. The use of at least one language of the State of origin and one language of the
mali-         receiving State shall be compulsory in the case of recruitment by an official authority or an officially recognized employment bureau.
ties
and
pro-
cedur
e
relat-
ing to
the
work
con-
tract
Arti- 1     The Contracting Parties shall exchange and provide for prospective migrants appropriate information on their residence, conditions of and opportunities for family reunion, the nature of the job, the possibility N/A         N/A
cle 6       of a new work contract being concluded after the first has lapsed, the qualifications required, working and living conditions (including the cost of living), remuneration, social security, housing, food, the trans-
–           fer of savings, travel, and on deductions made from wages in respect of contributions for social protection and social security, taxes and other charges. Information may also be provided on the cultural and
Infor-      religious conditions in the receiving State.
ma-
tion
       2    In the case of recruitment through an official authority of the receiving State, such information shall be provided, before his departure, in a language which the prospective migrant worker can understand, to N/A           N/A
            enable him to take a decision in full knowledge of the facts. The translation, where necessary, of such information into a language that the prospective migrant worker can understand shall be provided as a
            general rule by the State of origin.
       3    Each Contracting Party undertakes to                                                                                                                                                                              N/A          N/A
            adopt the appropriate steps to prevent misleading propaganda relating to emigration and immigration.
Arti- 1     Each Contracting Party undertakes to ensure, in the case of official collective recruitment, that the cost of travel to the receiving State shall never be borne by the migrant worker. The arrangements for pay- N/A          N/A
cle 7       ment shall be determined under bilateral agreements, which may also extend these measures to families and to workers recruited individually.
–
Travel
       2    In the case of migrant workers and their families in transit through the territory of one Contracting Party en route to the receiving State, or on their return journey to the State of origin, all steps shall be taken N/A   N/A
            by the competent authorities of the transit State to expedite their journey and prevent administrative delays and difficulties.
       3    Each Contracting Party shall exempt                                                                                                                                                                                      N/A   N/A
            from import duties and taxes at the time of entry into the receiving State and of the final return to the State of origin and in transit:
            a/ the personal effects and movable property of migrant workers and members of their family belonging to their household;
            b/ a reasonable quantity of hand tools and portable equipment necessary for the occupation to be engaged in.
            The exemptions referred to above shall be granted in accordance with the laws or regulations in force in the States concerned.
Arti- 1     Each Contracting Party which allows a migrant worker to enter its territory to take up paid employment shall issue or renew a work permit for him (unless he is exempt from this requirement), subject to the N/A              N/A
cle 8       conditions laid down in its legislation.
–
Work
permit
       2    However, a work permit issued                                                                                                                                                                                           N/A    N/A
             for the first time may not as a rule bind the worker to the same employer or the same locality for a period longer than one year.
       3    In case of renewal of the migrant                                                                                                                                                                                       N/A    N/A
            worker's work permit, this should as a general rule be for a period of at least one year, in so far as the current state and development of the employment situation permits.
Article 1   Where required by national legislation,                                                                                                                                                                                 N/A    N/A
9            each Contracting Party shall issue residence permits to migrant workers who have been authorized to take up paid employment on their territory under conditions laid down in this Convention.
–
Resi-
dence
permit
        2   The residence permit shall in                                                                                                                                                                                       N/A        N/A
            accordance with the provisions of national legislation be issued and, if necessary, renewed for a period as a general rule at least as long as that of the work permit. When the work permit is valid indefinitely,
            the residence permit shall as a general rule be issued and, if necessary, renewed for a period of at least one year. It shall be issued and renewed free of charge or for a sum covering administrative costs
            only.
       3    The provisions of this Article shall also apply to members of the migrant worker's family who are authorized to join him in accordance with Article 12 of this Convention.                                          N/A        N/A
       4    If a migrant worker is no longer in                                                                                                                                                                                   N/A   N/A
             employment, either because he is temporarily incapable of work as a result of illness or accident or because he is involuntarily unemployed, this being duly confirmed by the competent authorities, he shall
            be allowed for the purpose of the application of Article 25 of this Convention to remain on the territory of the receiving State for a period which should not be less than five months. Nevertheless, no Contract-
            ing Party shall be bound, in the case provided for in the above sub paragraph, to allow a migrant worker to remain for a period exceeding the period of payment of the unemployment allowance.
       5    The residence permit, issued in                                                                                                                                                                                       N/A   N/A
            accordance with the provisions of paragraphs 1 to 3 of this Article, may be withdrawn:
       a    for reasons of national security,                                                                                                                                                                                     N/A   N/A
            public policy or morals;
       b    if the holder refuses, after having been                                                                                                                                                                              N/A   N/A
            duly informed of the consequences of such refusal, to comply with the measures prescribed for him by an official medical authority with a view to the protection of public health;
       c    if a condition essential to its issue                                                                                                                                                                                 N/A   N/A
             or validity is not fulfilled. Each Contracting Party nevertheless undertakes to grant to migrant workers whose residence permits have been withdrawn, an effective right to appeal, in accordance with the pro-
            cedure for which provision is made in its legislation, to a judicial or administrative authority.
Article 1   After arrival in the receiving State,                                                                                                                                                                                 N/A   N/A
10          migrant workers and members of their families shall be given all appropriate information and advice as well as all necessary assistance for their settlement and adaptation.
 – Re-
cep-
tion

       2    For this purpose, migrant workers and members of their families shall be entitled to help and assistance from the social services of the receiving State or from bodies working in the public interest in the re- N/A       N/A
            ceiving State and to help from the consular authorities of their State or origin. Moreover, migrant workers shall be entitled, on the same basis as national workers, to help and assistance from the employment
            services. However, each Contracting Party shall endeavor to ensure that special social services are available, whenever the situation so demands, to facilitate or co ordinate the reception of migrant workers
            and their families.
       3    Each Contracting Party undertakes to ensure that migrant workers and members of their families can worship freely, in accordance with their faith; each Contracting Party shall facilitate such worship, within N/A         N/A
            the limit of available means.
Article 1   The status of migrant workers must not                                                                                                                                                                            N/A       N/A
11          interfere with the recovery of sums due in respect of maintenance to persons in the State of origin to whom they have maintenance obligations arising from a family relationship, parentage, marriage or affin-
– Re-       ity, including a maintenance obligation in respect of a child who is not legitimate.
cov-
ery of
sums
due in
re-
spect
of
main-
tenan
ce
        2   Each Contracting Party shall take the                                                                                                                                                                              N/A      N/A
            steps necessary to ensure the recovery of sums due in respect of such maintenance, making use as far as possible of the form adopted by the Committee of Ministers of the Council of Europe.
       3    As far as possible, each Contracting                                                                                                                                                                               N/A      N/A
             Party shall take steps to appoint a single national or regional authority to receive and dispatch applications for sums due in respect of maintenance provided for in paragraph 1 above.
       4    This Article shall not affect existing                                                                                                                                                                             N/A      N/A
             or future bilateral or multilateral agreements.
Article 1   The spouse of a migrant worker who                                                                                                                                                                                 N/A      N/A
12          is lawfully employed in the territory of a Contracting Party and the unmarried children thereof, as long as they are considered to be minors by the relevant law of the receiving State, who are dependent on the
–           migrant worker, are authorized on conditions analogous to those which this Convention applies to the admission of migrant workers and according to the admission procedure prescribed by such law or by
Fam-        international agreements to join the migrant worker in the territory of a Contracting Party, provided that the latter has available for the family housing considered as normal for national workers in the region
ily re-     where the migrant worker is employed. Each Contracting Party may make the giving of authorization conditional upon a waiting period which shall not exceed twelve months.
union
        2   Any State may, at any time, by                                                                                                                                                                                        N/A   N/A
            declaration addressed to the Secretary General of the Council of Europe, which shall take effect one month after the date of receipt, make the family reunion referred to in paragraph 1 above further condi-
            tional upon the migrant worker having steady resources sufficient to meet the needs of his family.
        3   Any State may, at any time, by                                                                                                                                                                                            N/A   N/A
             declaration addressed to the Secretary General of the Council of Europe, which shall take effect one month after the date of its receipt, derogate temporarily from the obligation to give the authorization pro-
            vided for in paragraph 1 above, for one or more parts of its territory which it shall designate in its declaration, on the condition that these measures do not conflict with obligations under other international in-
            struments. The declarations shall state the special reasons justifying the derogation with regard to receiving capacity.
            Any State availing itself of this                                                                                                                                                                                         N/A   N/A
             possibility of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and shall ensure that these measures are published as soon as possible.
            It shall also inform the Secretary General of the Council of Europe when such measures cease to operate and the provisions of the Convention are again being fully executed.
            The derogation shall not, as a general                                                                                                                                                                                    N/A   N/A
            rule, affect requests for family reunion submitted to the competent authorities, before the declaration is addressed to the Secretary General, by migrant workers already established in the part of the territory
            concerned.
Article 1   Each Contracting Party shall accord to                                                                                                                                                                                    N/A   N/A
13           migrant workers, with regard to access to housing and rents, treatment not less favorable than that accorded to its own nationals, insofar as this matter is covered by domestic laws and regulations.
 –
Hous-
ing
        2   Each Contracting Party shall ensure                                                                                                                                                                                   N/A       N/A
             that the competent national authorities carry out inspections in appropriate cases in collaboration with the respective consular authorities, acting within their competence, to ensure that standards of fitness of
            accommodation are kept up for migrant workers as for its own nationals.
        3   Each Contracting Party undertakes to                                                                                                                                                                                  N/A       N/A
            protect migrant workers against exploitation in respect of rents, in accordance with its laws and regulations on the matter.
        4   Each Contracting Party shall ensure,                                                                                                                                                                                  N/A       N/A
            by the means available to the competent national authorities, that the housing of the migrant worker shall be suitable.
14 – 1      Migrant workers and members                                                                                                                                                                                           N/A       N/A
Pre-        of their families officially admitted to the territory of a Contracting Party shall be entitled, on the same basis and under the same conditions as national workers, to general education and vocation training and
train-      retraining and shall be granted access to higher education according to the general regulations governing admission to respective institutions in the receiving State.
ing
 –
Schoo
ling –
Lin-
guistic
train-
ing –
Voca-
tional
train-
ing
and
retrain
ing

        2   To promote access to general and                                                                                                                                                                                          N/A   N/A
            vocational schools and to vocational training centers, the receiving State shall facilitate the teaching of its language or, if there are several, one of its languages to migrant workers and members of their fami-
            lies.
        3   For the purpose of the application of                                                                                                                                                                                     N/A   N/A
            paragraphs 1 and 2 above, the granting of scholarships shall be left to the discretion of each Contracting Party which shall make efforts to grant the children of migrant workers living with their families in the
            receiving State – in accordance with the provisions of Article 12 of this Convention – the same facilities in this respect as the receiving State's nationals.
        4   The workers' previous attainments, as                                                                                                                                                                                     N/A   N/A
            well as diplomas and vocational qualifications acquired in the State of origin, shall be recognized by each Contracting Party in accordance with arrangements laid down in bilateral and multilateral agree-
            ments.
        5   The Contracting Parties concerned, acting in close co operation shall endeavor to ensure that the vocational training and retraining schemes, within the meaning of this Article, cater as far as possible for the        N/A   N/A
            needs of migrant workers with a view to their return to their State of origin.
Arti-       The Contracting Parties concerned shall take actions by common accord to arrange, so far as practicable, for the migrant worker's children, special courses for the teaching of the migrant worker's mother               N/A   N/A
cle 15       tongue, to facilitate, inter alia, their return to their State of origin.
–
Teach
ing of
the
mi-
grant
worke
r's
mothe
r
tongu
e
             Article 16 – Conditions of work
         1   In the matter of 25.06.20                                Proto-                         CON-       24       Govern                                                                                                    Yes   N/A
             conditions of 04             The solutions of the ma- col                               CEPT ON             ment of
             work, migrant                jor tasks of the migration decree                          THE                 RA
             workers author-              sphere under state man-                                    STATE
             ized to take up              agement are expected to                                    REGU-
             employment                   be achieved in compli-                                     LATION
             shall enjoy                  ance with the following                                    OF THE
             treatment not                principles:                                                MIGRA-
             less favorable               • protection of rights and                                 TION OF
             than that which              interests of migrants                                      THE
             applies to na-               • ruling out discrimination                                POPULA-
             tional workers               based on a person's na-                                    TION IN
             by virtue of leg-            tionality, race, sex, lan-                                 THE RE-
             islative or ad-              guage, religion, political                                 PUBLIC
             ministrative                 or other opinions, social                                  OF AR-
             provisions, col-             or other status                                            MENIA
             lective labor
             agreement or
             custom.
         2   It shall not be possible to derogate by individual contract from the principle of equal treatment referred to in the foregoing paragraph.
             Article 17 – Transfer of savings
         1   Each Contracting Party shall permit, according to the agreements laid down by its legislation, the transfer of all or such parts of the earnings and savings of migrant workers as the latter may wish to transfer.   N/A   N/A
             This provision shall apply also to the transfer of sums due by migrant workers in respect of maintenance. The transfer of sums due by migrant workers in respect of maintenance shall on no account be hin-           N/A   N/A
             dered or prevented.
         2   Each Contracting Party shall permit, under bilateral agreements or by other means, the transfer of such sums as remain due to migrant workers when they leave the territory of the receiving State.                   N/A   N/A
             Article 18 – Social Security
         1   Each Contract- 25.06.20 The solutions of the ma- Proto-                                 CON-       24       Govern                                                                                                    Yes   N/A
             ing Party under- 04          jor tasks of the migration col                             CEPT ON             ment of
             takes to grant               sphere under state man- decree                             THE                 RA
             within its terri-            agement are expected to                                    STATE
             tory, to migrant             be achieved in compli-                                     REGU-
             workers and                  ance with the following                                    LATION
             members of                   principles:                                                OF THE
             their families,              • protection of rights and                                 MIGRA-
             equality of                  interests of migrants                                      TION OF
             treatment with               • ruling out discrimination                                THE
             its own nation-              based on a person's na-                                    POPULA-
             als, in the mat-             tionality, race, sex, lan-                                 TION IN
             ter of social se-            guage, religion, political                                 THE RE-
    curity, subject              or other opinions, social                               PUBLIC
    to conditions                or other status                                         OF AR-
    required by na-                                                                      MENIA
    tional legislation
    and by bilateral
    or multilateral
    agreements al-
    ready con-
    cluded or to be
    concluded be-
    tween the Con-
    tracting Parties
    concerned.
2   The Contracting Parties shall moreover endeavor to secure to migrant workers and members of their families the conservation of rights in course of acquisition and acquired rights, as well as provision of   N/A   N/A
    benefits abroad, through bilateral and multilateral agreements.
    Article 19 – Social and Medical Assistance
    Each Contract- 25.06.20 The solutions of the ma- Proto-                              CON-    24     Govern                                                                                                    Yes   N/A
    ing Party under- 04          jor tasks of the migration col                          CEPT ON        ment of
    takes to grant               sphere under state man- decree                          THE            RA
    within its terri-            agement are expected to                                 STATE
    tory, to migrant             be achieved in compli-                                  REGU-
    workers and                  ance with the following                                 LATION
    members of                   principles:                                             OF THE
    their families               • protection of rights and                              MIGRA-
    who are lawfully             interests of migrants                                   TION OF
    present in its               • ruling out discrimination                             THE
    territory, social            based on a person's na-                                 POPULA-
    and medical                  tionality, race, sex, lan-                              TION IN
    assistance on                guage, religion, political                              THE RE-
    the same basis               or other opinions, social                               PUBLIC
    as nationals in              or other status                                         OF AR-
    accordance                                                                           MENIA
    with the obliga-
    tions it has as-
    sumed by virtue
    of other interna-
    tional agree-
    ments and in
    particular of the
    European Con-
    vention on So-
    cial and Medi-
    cal Assistance
    of 1953.
    Article 20 – Industrial accidents and occupational diseases – Industrial hygiene
1   With regard to 25.06.20 The solutions of the ma- Proto- Notwithstanding the CON-             24     Govern                                                                                                    Yes   N/A
    the prevention 04            jor tasks of the migration col    mentioned principle, CEPT ON         ment of
    of industrial ac-            sphere under state man- decree there is a need to       THE            RA
    cidents and oc-              agement are expected to           work out and invest STATE
    cupational dis-              be achieved in compli-            mechanisms for the REGU-
    eases and to                 ance with the following           implementation of the LATION
    industrial hy-               principles:                       provisions of Article OF THE
    giene, migrant               • protection of rights and        20 of the mentioned MIGRA-
    workers shall               interests of migrants                Convention          TION OF
    enjoy the same              • ruling out discrimination                              THE
    rights and pro-             based on a person's na-                                  POPULA-
    tection as na-              tionality, race, sex, lan-                               TION IN
    tional workers,             guage, religion, political                               THE RE-
    in application of           or other opinions, social                                PUBLIC
    the laws of a               or other status                                          OF AR-
    Contracting                                                                          MENIA
    Party and col-
    lective agree-
    ments and hav-
    ing regard to
    their particular
    situation.
2   A migrant          25.06.20 The solutions of the ma-      Proto- Notwithstanding the CON-       24   Govern    Yes   N/A
    worker who is 04            jor tasks of the migration    coldecr mentioned principle, CEPT ON       ment of
    victim of an in-            sphere under state man-       ee      there is a need to    THE          RA
    dustrial acci-              agement are expected to               work out and invest STATE
    dent or who has             be achieved in compli-                mechanisms for the REGU-
    contracted an               ance with the following               implementation of the LATION
    occupational                principles:• protection of            provisions of Article OF THE
    disease in the              rights and interests of mi-           20 of the mentioned MIGRA-
    territory of the            grants                                Convention            TION OF
    receiving State             • ruling out discrimination                                 THE
    shall benefit               based on a person's na-                                     POPULA-
    from occupa-                tionality, race, sex, lan-                                  TION IN
    tional rehabilita-          guage, religion, political                                  THE RE-
    tion on the                 or other opinions, social                                   PUBLIC
    same basis as               or other status                                             OF AR-
    national work-                                                                          MENIA
    ers.
    Article 21 – Inspection of working conditions
    Each Contract- 25.06.20                                   Proto- Notwithstanding the CON-      24    Govern    Yes   N/A
    ing Party shall 04          The solutions of the ma-      col    mentioned principle, CEPT ON        ment of
    inspect or pro-             jor tasks of the migration    decree there is a need to    THE           RA
    vide for inspec-            sphere under state man-              work out and invest STATE
    tion of the con-            agement are expected to              mechanisms for the REGU-
    ditions of work             be achieved in compli-               implementation of the LATION
    of migrant work-            ance with the following              provisions of Article OF THE
    ers in the same             principles:                          20 of the mentioned MIGRA-
    manner as for               • protection of rights and           Convention            TION OF
    national work-              interests of migrants                                      THE
    ers. Such in-               • ruling out discrimination                                POPULA-
    spection shall              based on a person's na-                                    TION IN
    be carried out              tionality, race, sex, lan-                                 THE RE-
    by the compe-               guage, religion, political                                 PUBLIC
    tent bodies or              or other opinions, social                                  OF AR-
    institutions of             or other status                                            MENIA
    the receiving
    State and by
    any other au-
    thority author-
    ized by the re-
          ceiving State.
          Article 22 – Death
          Each Contracting Party shall take care, within the framework of its laws and, if need be, within the framework of bilateral agreements, that steps are taken to provide all help and assistance necessary for the N/A    N/A
          transport to the State of origin of the bodies of migrant workers deceased as the result of an industrial accident.
          Article 23 – Taxation on earnings
     1    In the matter of earnings and without prejudice to the provisions on double taxation contained in agreements already concluded or which may in future be concluded between Contracting Parties, migrant            N/A   N/A
          workers shall not be liable, in the territory of a Contracting Party, to duties, charges, taxes or contributions of any description whatsoever either higher or more burdensome than those imposed on nationals in
          similar circumstances. In particular, they shall be entitled to deductions or exemptions from taxes or charges and to all allowances, including allowance for dependants.
     2    The Contracting Parties shall decide between themselves, by bilateral or multilateral agreements on double taxation, what measures might be taken to avoid double taxation on the earnings of migrant work- N/A          N/A
          ers.
          Article 24 – Expiry of contract and discharge
     1    On the expiry of a work contract concluded for a special period at the end of the period agreed on and on the case of anticipated cancellation of such a contract or cancellation of a work contract for an un- N/A      N/A
          specified period, migrant workers shall be accorded treatment not less favorable than that accorded to national workers under the provisions of national legislation or collective labor agreements.
     2    In the event of individual or collective dismissal, migrant workers shall receive the treatment applicable to national workers under national legislation or collective labor agreements, as regards the form and N/A    N/A
          period of notice, the compensation provided for in legislation or agreements or such as may be due in cases of unwarranted cancellation of their work contracts.
          Article 25 – Reemployment
     1    If a migrant worker loses his job for reasons beyond his control, such as redundancy or prolonged illness, the competent authority of the receiving State shall facilitate his reemployment in accordance with N/A       N/A
          the laws and regulations of that State.
     2    To this end the receiving State shall promote the measures necessary to ensure, as far as possible, the vocational retraining and occupational rehabilitation of the migrant worker in question, provided that he N/A    N/A
          intends to continue in employment in the State concerned afterwards.
Arti- 1   Each Contract- 25.06.20 The solutions of the ma- Proto- Notwithstanding the CON-                     24       Govern                                                                                               Yes   N/A
cle 26    ing Party shall 04           jor tasks of the migration col      mentioned principle, CEPT ON                 ment of
–         secure to mi-                sphere under state man- decree there is a need to            THE                 RA
Right     grant workers                agement are expected to             work out and invest STATE
of ac-    treatment not                be achieved in compli-              mechanisms for the REGU-
cess      less favorable               ance with the following             implementation of the LATION
to the    than that of its             principles:                         provisions of Article OF THE
courts    own nationals                • protection of rights and          20 of the mentioned MIGRA-
and       in respect of                interests of migrants               Convention               TION OF
ad-       legal proceed-               • ruling out discrimination                                  THE
minis-    ings. Migrant                based on a person's na-                                      POPULA-
trative   workers shall                tionality, race, sex, lan-                                   TION IN
au-       be entitled, un-             guage, religion, political                                   THE RE-
thori-    der the same                 or other opinions, social                                    PUBLIC
ties in   conditions as                or other status                                              OF AR-
the       nationals, to full                                                                        MENIA
receiv    legal and judi-
ing       cial protection
State     of their persons
          property and
          their right and
          interests; in
          particular, they
          shall have, in
          the same man-
          ner as nation-
          als, the right of
          access to the
          competent
          courts and ad-
          ministrative au-
          thorities, in ac-
          cordance with
    the law of the
    receiving State,
    and the right to
    obtain the as-
    sistance of any
    person of their
    choice who is
    qualified by the
    law of that
    State, for in-
    stance in dis-
    putes with em-
    ployers, mem-
    bers of their
    families or third
    parties. The
    rules of private
    international
    law of the re-
    ceiving State
    shall not be af-
    fected by this
    Article.
2   Each Contract- 25.06.20   The solutions of the ma- Proto- Notwithstanding the CON-      24     Govern    Yes   N/A
    ing Party shall 04        jor tasks of the migration col  mentioned principle, CEPT ON         ment of
    provide migrant           sphere under state man- decree there is a need to     THE            RA
    workers with              agement are expected to         work out and invest STATE
    legal assistance          be achieved in compli-          mechanisms for the REGU-
    on the same               ance with the following         implementation of the LATION
    conditions as             principles:                     provisions of Article OF THE
    for their own             • protection of rights and      20 of the mentioned MIGRA-
    nationals and,            interests of migrants           Convention            TION OF
    in the case of            • ruling out discrimination                           THE
    civil or criminal         based on a person's na-                               POPULA-
    proceedings,              tionality, race, sex, lan-                            TION IN
    the possibility of        guage, religion, political                            THE RE-
    obtaining the             or other opinions, social                             PUBLIC
    assistance of             or other status                                       OF AR-
    an interpreter                                                                  MENIA
    where they
    cannot under-
    stand or speak
    the language
    used in court.
    Article 27 – Use
    of employment
    services
    Each Contract- 25.06.20   The solutions of the ma- Proto- Notwithstanding the CON-        24   Govern    Yes   N/A
    ing Party rec- 04         jor tasks of the migration coldecr mentioned principle, CEPT ON      ment of
    ognizes the               sphere under state man- ee         there is a need to    THE         RA
    right of migrant          agement are expected to            work out and invest STATE
    workers and of            be achieved in compli-             mechanisms for the REGU-
    the members of            ance with the following            implementation of the LATION
their families          principles:• protection of      provisions of Article OF THE
officially admit-       rights and interests of mi-     20 of the mentioned MIGRA-
ted to its terri-       grants                          Convention            TION OF
tory to make            • ruling out discrimination                           THE
use of employ-          based on a person's na-                               POPULA-
ment services           tionality, race, sex, lan-                            TION IN
under the same          guage, religion, political                            THE RE-
conditions as           or other opinions, social                             PUBLIC
national work-          or other status                                       OF AR-
ers subject to                                                                MENIA
the legal provi-
sions and regu-
lations and ad-
ministrative
practice, includ-
ing conditions
of access, in
force in that
State.
Article 28 – Ex-
ercise of the
right to organ-
ize
Each Contract- 25.06.20 The solutions of the ma- Proto- Notwithstanding the CON-      24   Govern    Yes   N/A
ing Party shall 04      jor tasks of the migration col  mentioned principle, CEPT ON       ment of
allow to migrant        sphere under state man- decree there is a need to     THE          RA
workers the             agement are expected to         work out and invest STATE
right to organ-         be achieved in compli-          mechanisms for the REGU-
ize for the pro-        ance with the following         implementation of the LATION
tection of their        principles:                     provisions of Article OF THE
economic and            • protection of rights and      20 of the mentioned MIGRA-
social interests        interests of migrants           Convention            TION OF
on the condi-           • ruling out discrimination                           THE
tions provided          based on a person's na-                               POPULA-
for by national         tionality, race, sex, lan-                            TION IN
legislation for         guage, religion, political                            THE RE-
its own nation-         or other opinions, social                             PUBLIC
als.                    or other status                                       OF AR-
                                                                              MENIA
Article 29 –
Participation in
the affairs of
the undertaking
Each Contract- 25.06.20 The solutions of the ma- Proto- Notwithstanding the CON-      24   Govern    Yes   N/A
ing Party shall 04      jor tasks of the migration col  mentioned principle, CEPT ON       ment of
facilitate as far       sphere under state man- decree there is a need to     THE          RA
as possible the         agement are expected to         work out and invest STATE
participation of        be achieved in compli-          mechanisms for the REGU-
migrant workers         ance with the following         implementation of the LATION
in the affairs of       principles:                     provisions of Article OF THE
the undertaking         • protection of rights and      20 of the mentioned MIGRA-
on the same             interests of migrants           Convention            TION OF
conditions as           • ruling out discrimination                           THE
             national work-             based on a person's na-                                      POPULA-
             ers.                       tionality, race, sex, lan-                                   TION IN
                                        guage, religion, political                                   THE RE-
                                        or other opinions, social                                    PUBLIC
                                        or other status                                              OF AR-
                                                                                                     MENIA
             Article 30 – Return home
         1   Each Contracting Party shall, as far as possible, take appropriate measures to assist migrant workers and their families on the occasion of their final return to their State of origin, and in particular the steps       N/A   N/A
             referred to in paragraphs 2 and 3 of Article 7 of this Convention. The provision of financial assistance shall be left to the discretion of each Contracting Party.
         2   To enable migrant workers to know, before they set out on their return journey, the conditions on which they will be able to resettle in their State of origin, this State shall communicate to the receiving State,       N/A   N/A
             which shall keep available for those who request it, information regarding in particular:
             –possibilities and conditions of employment in the State of origin;                                                                                                                                                        N/A   N/A
             –financial aid granted for economic reintegration;                                                                                                                                                                         N/A   N/A
             –the maintenance of social security rights acquired abroad;                                                                                                                                                                N/A   N/A
             –steps to be taken to facilitate the finding of accommodation;                                                                                                                                                             N/A   N/A
             –equivalence accorded to occupational qualifications obtained abroad and any tests to be passed to secure their official recognition;                                                                                      N/A   N/A
             –equivalence accorded to educational qualification, so that migrant workers' children can be admitted to schools without down-grading.                                                                                     N/A   N/A
             Article 31 – Conservation of acquired rights
             No provision of this Convention may be interpreted as justifying less favorable treatment than that enjoyed by migrant workers under the national legislation of the receiving State or under bilateral and multi-         N/A   N/A
             lateral agreements to which that State is a Contracting Party.
             Article 32 –Relations between this Convention and the laws of the Contracting Parties or international agreements
             The provisions of this Convention shall not prejudice the provisions of the laws of the Contracting Parties or of any bilateral or multilateral treaties, conventions, agreements or arrangements, as well as the          N/A   N/A
             steps taken to implement them, which are already in force, or may come into force, and under which more favorable treatment has been, or would be, accorded to the persons protected by the Convention.
             Article 33 – Application of the Convention
         1   A Consultative Committee shall be set up within a year of the entry into force of this Convention.                                                                                                                         N/A   N/A
         2   Each Contracting Party shall appoint a representative to the Consultative Committee. Any other member State of the Council of Europe may be represented by an observer with the right to speak.                            N/A   N/A
         3   The Consultative Committee shall examine any proposals submitted to it by one of the Contracting Parties with a view to facilitating or improving the application of the Convention, as well as any proposal to            N/A   N/A
             amend it.
         4   The opinions and recommendations of the Consultative Committee shall be adopted by a majority of the members of the Committee; however, proposals to amend the Convention shall be adopted unani-                          N/A   N/A
             mously by the members of the Committee.
         5   The opinions, recommendations and proposals of the Consultative Committee referred to above shall be addressed to the Committee of Ministers of the Council of Europe, which shall decide on the action to                 N/A   N/A
             be taken.
         6   The Consultative Committee shall be convened by the Secretary General of the Council of Europe and shall meet, as a general rule, at least once every two years and, in addition, whenever at least two                    N/A   N/A
             Contracting Parties or the Committee of Ministers so requests. The committee shall also meet at the request of one Contracting Party whenever the provisions of paragraph 3 of Article 12 are applied.
         7   The Consultative Committee shall draw up periodically, for the attention of the Committee of Ministers, a report containing information regarding the laws and regulations in force in the territory of the Con-           N/A   N/A
             tracting Parties in respect of matters provided for in this Convention.
Chap-        Article 34 – Signature, ratification and entry into force
ter VI
         1   This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall           N/A   N/A
             be deposited with the Secretary General of the Council of Europe.
         2   This Convention shall enter into force on the first day of the third month following the date of the deposit of the fifth instrument of ratification, acceptance or approval.                                              N/A   N/A
         3   In respect of a signatory State ratifying, approving or accepting subsequently, the Convention shall enter into force on the first day of the third month following the date of the deposit of its instrument of ratifi-   N/A   N/A
             cation, acceptance or approval.
             Article 35 – Territorial scope
         1   Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval or at any later date, by declaration to the Secretary General of the Council of Europe, extend           N/A   N/A
             the application of this Convention to all or any of the territories for whose international relations it is responsible or on whose behalf it is authorized to give undertakings.
         2   Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn. Such withdrawal shall take effect six months after receipt by the               N/A   N/A
             Secretary General of the Council of Europe of the declaration of withdrawal.
             Article 36 – Reservations
         1   Any Contracting Party may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, make one or more reservations which may relate to no more than nine articles of             N/A   N/A
             Chapters II to IV inclusive, other than Articles 4, 8, 9, 12, 16, 17, 20, 25, 26.
         2   Any Contracting Party may, at any time, wholly or partly withdraw a reservation it has made in accordance with the foregoing paragraph by means of a declaration addressed to the Secretary General of the                 N/A   N/A
    Council of Europe, which shall become effective as from the date of its receipt.
    Article 37 – Denunciation of the Convention
1   Each Contracting Party may denounce this Convention by notification addressed to the Secretary General of the Council of Europe, which shall take effect six months after the date of its receipt.             N/A   N/A
2   No denunciation may be made within five years of the date of the entry into force of the Convention in respect of the Contracting Party concerned.                                                             N/A   N/A
3   Each Contracting Party which ceases to be a member of the Council of Europe shall cease to be a Party to this Convention six months after the date on which it loses its quality as a member of the Council of N/A   N/A
    Europe.

				
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