LABOUR RIGHTS FOR WOMEN

Equal Pay and Special Protections

The Georgian Labour Code enforces gender equality in the workplace by mandating that employers provide equal employment opportunities and equal pay for both women and men. Additionally, the Labour Code includes specific protections for pregnant women, breastfeeding mothers, and women with young children to ensure their well-being and support in the workplace.

1. Are Employers Required to Pay Women and Men Equally for the Same Job? Yes, employers are obligated to ensure that all employees receive equal pay for equal work, regardless of gender, as specified in Article 4, Paragraph 4 of the Georgian Labour Code.
2. Can Employers Enter into Employment Contracts for Heavy, Harmful, or Dangerous Work with Pregnant or Breastfeeding Women, or Women with Newborns? No, employers are prohibited from hiring pregnant women, breastfeeding women, or women who have recently given birth for heavy, harmful, or dangerous work.

Definitions:

• Pregnant Woman: An employee who has notified her employer of her pregnancy. Employers may request relevant documentation if needed.
• Woman Who Recently Gave Birth: An employee who has given birth within the last six months and has informed her employer. Relevant documentation may be requested by the employer.
• Breastfeeding Woman: An employee who is breastfeeding a child under the age of one and has notified her employer.

3. Is It Permissible for Pregnant, Breastfeeding, or Recently Given Birth Women to Work Night Shifts? No, according to Article 28, Paragraph 3 of the Georgian Labour Code, employing pregnant, breastfeeding, or recently given birth women for night shifts (between 22:00 and 6:00) is not allowed.
4. Can an Individual with a Child Under the Age of 3 Work Night Shifts? Yes, individuals with children under the age of three can work night shifts, but only if they consent to it (Georgian Labour Code Article 28, Paragraph 3).
5. Is It Permissible for Pregnant, Breastfeeding, or Recently Given Birth Women to Work Overtime? Yes, pregnant, breastfeeding, or recently given birth women may work overtime, but only with their consent.
6. Can a Person with a Child Under the Age of 3 Work Overtime? Yes, it is permissible for individuals with children under the age of three to work overtime, provided they consent to it (Georgian Labour Code Article 27, Paragraph 6).

Parental Leave

Georgian Labour laws offer special protections for pregnant women, parents with young children, and those who have recently adopted. These protections are designed to support the health and well-being of both the parents and the children during these critical times.

1. How Many Days of Paid Leave Are Provided for Pregnancy and Childbirth? Employees are entitled to 126 calendar days of paid leave for pregnancy and childbirth. In cases of childbirth complications or the birth of twins, this leave is extended to 143 days (Georgian Labour Code Article 37 Paragraph 1).
2. How Many Days of Leave Are Provided for Childcare, and How Many Are Paid? Employees can request 604 calendar days of childcare leave. In instances of childbirth complications or twin births, the leave is 587 days, with 57 of these days being paid. Both parents are eligible to utilize this leave as per legal guidelines.
3. How Many Days of Leave Are Granted for Adopting a Newborn, and How Many Are Paid? Employees adopting a child under the age of one are entitled to 550 calendar days of leave, with 90 days being paid (Georgian Labour Code Article 38).
4. Can Fathers Use Parental Leave? Yes, fathers have the right to take parental leave in full or partially. They may also use any unused leave days from the mother’s pregnancy and childbirth leave (Georgian Labour Code Article 37 Paragraph 4).
5. How Is Paid Leave for Pregnancy and Childbirth Distributed? Employees can distribute their paid leave days between pregnancy and childbirth periods as they see fit (Georgian Labour Code Article 37 Point 2). Employers cannot deny or reduce the allotted leave days, and part-time employees are entitled to full leave benefits. Paid maternity and childcare leave are used sequentially for 183 or 200 calendar days, respectively (Georgian Labour Code Article 37 Point 5).
6. How Far in Advance Should Employees Notify Employers of Childcare Leave? Employees must inform their employer at least two weeks in advance before taking childcare leave (Georgian Labour Code Article 37 Paragraph 5).
7. Are Private Sector Employers Required to Pay for Maternity, Childcare, and Newborn Adoption Leave? No, private sector employers are not obligated to pay for these leaves. However, voluntary agreements can be made between the employer and employee for paid leave. In some best practice cases, employers provide full or partial pay during the maternity leave period.
8. Does the State Fund Maternity, Childcare, and Newborn Adoption Leave? Yes, these leaves are funded by the state budget of Georgia through one-time assistance, with financial aid capped at GEL 1,000 during the paid leave period (Georgian Labour Code Article 39).
9. Which Agency Provides One-Time Assistance for Maternity Leave, and What Documents Are Needed? The LEPL Social Service Agency provides one-time financial assistance. Required documents include:

• A copy of the employee’s ID card
• Hospital records, or relevant adoption documents
• Three copies of the application form
• Personal bank account information for the employee

10. Can Employees Request Additional Childcare Leave? Yes, employees can request additional unpaid childcare leave of 12 weeks per year until the child turns five. This leave can be taken in whole or in part, but not less than two weeks per year (Georgian Labour Code Article 40).
11. What Additional Guarantees Are Available for Women During and After Pregnancy and Childcare?

• Pregnant women can request extra time for medical examinations without loss of wages if the examination occurs during working hours.
• Employees are entitled to return to their previous job with the same conditions and any improved working conditions post-leave.
• Employers must provide necessary training for employees returning from leave if it doesn’t cause disproportionate financial costs.

12. On What Grounds Is It Prohibited to Terminate an Employment Contract During Pregnancy and Maternity Leave? Employers cannot terminate employment contracts on the following grounds if notified that the employee is pregnant, has given birth, is caring for a child, or has adopted a newborn:

• Economic circumstances or organizational changes requiring workforce reduction;
• Incompatibility of the employee’s qualifications with the job;
• Prolonged incapacity for work.

Georgia’s Labour legislation ensures comprehensive protections and rights for women, particularly during pregnancy, childbirth, and early childcare years. Employers are mandated to provide equal pay for equal work, ensuring gender equality in the workplace. Special protections are in place for pregnant and breastfeeding women, as well as parents with young children, prohibiting their involvement in hazardous, heavy, or night work without consent.

Parental leave provisions are robust, with specific durations for paid and unpaid leave for pregnancy, childbirth, childcare, and adoption. Both mothers and fathers can utilize these leaves, fostering a supportive environment for new parents. The state provides financial assistance for maternity and childcare leave, ensuring that the necessary support is available during these critical periods.

Additional guarantees protect employees from employment termination during pregnancy and maternity leave and ensure their right to return to their previous job with any improvements in working conditions. Employers are also required to facilitate necessary training for employees returning from leave.

Overall, these regulations aim to create a fair and supportive workplace for women, promoting gender equality and safeguarding the well-being of families during the early stages of child-rearing.