Background

The USAID Rule of Law Program aims to help establish an independent, accountable, well-functioning, and people-centered justice system in Georgia.  The initial Rule of Law Hub was established in Batumi in April 2022, and subsequently, in December 2022, another one was launched in Kutaisi. The purpose of the Rule of Law  Hubs are to improve the delivery of justice in each targeted locality by developing linkages with and among the courts, Georgian Bar Association (GBA) branches, Legal Aid Service (LAS) offices, Public Defender (PDO) offices, law faculties, CSOs, representatives of law enforcement bodies, and the private sector within the locality, and to create linkages between the representative offices in the locality and their counterparts in Tbilisi. In the framework of the Program the Rule of Law Hubs in Batumi and Kutaisi implement activities to promote the rule of law, ensure access to justice not only as a right but also as a vehicle for defending other rights, increase citizen’s appreciation and application of the law, and advocate for laws and policies on justice and human rights.  

In 2022, the Rule of Law Program through the Batumi Rule of Law Hub and the State-funded Legal Aid Service (LAS), successfully launched the informational project “Make Justice Accessible for All: Paralegal Initiative and Career Talks for Future Human Rights Defenders in Adjara.” Two groups of student-paralegals from the Adjara region received training on essential topics such as women's rights, human trafficking, the best interests of children, and the rights of persons with disabilities. In addition, the student-paralegals were provided with training in fundamental human rights, effective communication, self-presentation, and soft skills.

The Program continues the implementation of the Paralegal Initiative in Adjara and expanded the initiative into Imereti by launching a similar program in October 2023 for the students there through the ROL Hub in Kutaisi. Currently, there are 55 student-paralegals (25 in Kutaisi and 30 in Batumi) participating in the Paralegal Initiative in Batumi and Kutaisi RoL Hubs. All the student-paralegals are undergraduate law students.

The student-paralegals periodically are offered new topics for the training, which are selected in line with recommendations from the Legal Aid Service and community needs identified through mobile visits to the highlands of Adjara, and data provided by the community to the Imereti and Adjara legal Aid Bureaus. This Legal Aid Service data pertains to legal issues raised by individuals in the Adjara and Imereti regions through its bureaus in Batumi and Kutaisi. In addition, labor law-related issues were identified as problematic during the Hub opening meetings with the key informants in Akhaltsikhe. 

Strengthening the capabilities of legal professionals in Adjara and Imereti is one of the priorities of the Program, particularly since the establishment of the ROL Hubs.  The ROL Hubs will support the strengthening of skills and knowledge of local legal professionals, LAS lawyers, and GBA members in Imereti, Adjara, and Samtkse-Javakheti regions.

To that end, the Hubs will conduct a series of workshops for the lawyers from Hub regions on the legal issues that pose challenges at the local level. The Program in cooperation with the GBA will identify the participants through the training registration software. The participants will be selected on a first-come, first-serve basis. This will allow the strengthening of local lawyers’ skills and knowledge on the issues that are important to the local community.

Proposed approach:

The Human Rights Watch’s 2019 report[1] “Georgia: Worker Rights, Safety at Risk” showed how weak labor protections, together with limited government oversight, fostered dangerous mining practices. Since then, Georgia has undertaken several international commitments to ensure decent and safe labor conditions. Within the framework of the Association Agreement, the Parliament of Georgia undertook one of the largest reforms in labor legislation.

The amendments adopted by the Parliament of Georgia on September 29, 2020, addressed important issues such as the prohibition of discrimination; verbal and fixed-term employment contracts; substantive terms of the employment contract; legal status of interns; part-time work; working hours; the right to rest breaks; overtime work; shift work; work at night; maternity leave, childcare leave (including paternal leave), remuneration; mass redundancies; transfer of enterprises; the right to strike; collective labor mediation; information and consultation in the workplace; and state oversight on labor rights.[2] The reforms mean employers have to inform workers about their rights and the reform’s success depends on its implementation.

The USAID Rule of Law Program seeks to hire a local expert/group of experts who will support the Program in developing and conducting training for two target groups: students and practicing lawyers, (selected for the training by the LAS and GBA) on topics related to Labor Law.

The expert(s) shall develop a one-day training module on topics of Labor Law for students which shall be written in plain language. The training module will offer participants information on the legislative norms regulating labor relations, employer's and employee's rights and duties, working conditions the procedure for concluding/terminating an employment contract, and employment discrimination.   The expert will then deliver a one-day training for a professional audience of lawyers from the State funded Legal Aid Service and Georgian Bar Association from Adjara, Imereti, and Samtskhe-Javakheti.  

Expert(s) will develop frequently asked questions and answers (FAQs) on the most relevant labor and employment issues and related case law to assist participants in their daily work after the training is completed.

The training will include all or part of the following thematic questions:

1. Freedom of labor
2. Subjects of individual labor relations
3. Concluding an employment contract
4. Term of the contract/labor conditions
5. Prerequisites and procedure for termination of the employment relationship
6. Consequences of termination of the employment contract
7. Employment discrimination and disputes related to labor relations.
8. Personal data protection issues in labor relations

FAQs will serve as educational material for the student paralegals and will form the basis for the thematic brochures.

Timeline

The project is envisaged to be implemented from January 1, 2024, to April 1, 2024

Reporting

The Expert will closely work with USAID Rule of Law Program Regional Rule of Law Advisor, Irina Lortkipanidze, Regional Hub Attorneys Irina Khakhutaishvili and Anna Shalamberidze, who will report to Giorgi Chkheidze, Chief of Party.  

Estimated Level of Effort:

The estimated level of effort is 11 working days, including 2 days for the development of the training module; 2 days for the conduct of training for students (One day in Batumi and one day in Kutaisi); 3 days for the conduct of training for lawyers (LAS and GBA) in Batumi, Kutaisi and Akhaltsikhe; 2 days for travel and 2 days for drafting frequently asked question and answers.

Deliverables

The Expert/Team of experts will provide the following deliverables:

1. Develop a targeted training program including all or part of the labor law issues identified above.
2. Provide agenda, training materials, and PowerPoint presentation for the training.
3. Serve as a trainer for training in Batumi/Kutaisi.
4. Draft Frequently asked questions and answers on the labor and employment law issues identified above.

Requirement and Eligibility

Education:

University degree in law, international law, and relevant field

Work Experience:

1. at least 5 years of professional experience in the relevant field.
2. experience in teaching identified topics to students, and legal professionals will be an asset.
3. excellent communication and presentation skills.
4. computer literacy (Internet, Microsoft Office programs, etc.).

To apply potential candidates* need to present:

1. Cover Letter, addressing the criteria above.
2. CV, with a detailed list of qualifications (maximum 3 pg.)
3. Outline of the training program (maximum 1 pg.)
4. Estimated cost of the effort (only expert honorarium, shall not include travel, lodging and training organization fee, as it will be covered by the Rule of Law Program directly)
5. Filled out biodata form (please, download it from here)

 * Applications can be submitted by individuals or groups of individuals. Applications will be reviewed based on the above criteria.  The application can be submitted either in English or Georgian. The biodata must be submitted in English. The application and filled-out biodata should be e-mailed to info.rolp@ewmi.org  Please include the following text in the subject line “Labor Law”. Faxed or mailed (per post) applications will not be accepted.

The deadline for application submissions is November 28, 2023.

[1] https://www.hrw.org/news/2019/08/22/georgia-worker-rights-safety-risk

[2] https://info.parliament.ge/file/1/BillReviewContent/247835 [09.03.2021]