Based on the application submitted by members of the Georgian Taxi Drivers Association (a member organization of the Trade Union “Labor”), the Labor Inspection Service of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia has classified the activity of passenger transport as heavy, harmful, and hazardous work. Consequently, vehicle drivers in Georgia will be entitled to an additional 10 days of paid leave.
Members of the Trade Union “Labor” applied to the Labor Inspection Service for clarification regarding the classification of passenger transport activities as heavy, harmful, and hazardous work, and the entitlement to an additional 10 days of leave.
The Labor Inspection Service promptly reviewed the application submitted by the members of the Georgian Taxi Drivers Association and noted that the list of heavy, harmful, and hazardous jobs is approved by Order No. 147/n of the Minister of Labour, Health and Social Affairs of Georgia dated May 3, 2007, “On the Approval of the List of Heavy, Harmful and Hazardous Jobs” (hereinafter referred to as “Order No. 147/n”).
Article 481 of Annex No. 1 to Order No. 147/n (“List of Heavy, Harmful and Hazardous Jobs”) defines the activities of persons employed in motor transport. These include, inter alia, bus drivers employed on regular routes and repair work, car drivers—including those with special carrying capacities (from 1.5 to 3 tons; 3 tons and above)—and taxi drivers employed in republican cities, regional district jurisdictions, and on international routes. Additionally, Article 515 of the same annex includes tram and trolleybus drivers.
Furthermore, the supervisory authority noted that according to the list of increased-risk, heavy, harmful, and hazardous jobs approved by Resolution No. 381 of the Government of Georgia of July 27, 2018, “On the Approval of the List of Increased-Risk, Heavy, Harmful and Hazardous Jobs” (hereinafter referred to as “Resolution No. 381”), activities related to urban and suburban passenger land transport (H.49.31.0) are classified as increased-risk, heavy, harmful, and hazardous work. In accordance with the list of national economy sectors defined by Resolution No. 10 of the Board of the National Statistics Office of Georgia (LEPL GeoStat) of June 28, 2016, “On the Approval of the National Classifier of Georgia ‘SEK 006-2016 Types of Economic Activity'” (hereinafter referred to as “Resolution No. 10”), code No. 49.31.0 of the national classifier of types of economic activity covers land transport of passengers through urban or suburban transport systems. This may include various types of land transport, such as minibuses, taxis, buses, cutters, trams, trolleys, subways, elevated railways, and the like.
Regarding persons employed in heavy, harmful, and hazardous work, subparagraph “a” of Paragraph 3 of Article 31 of the Organic Law of Georgia “The Labour Code of Georgia” is also important, according to which any employee performing heavy, harmful, or hazardous work is granted an additional 10 calendar days of paid leave per year.
The Labor Inspection Service determined that any employer engaged in heavy, harmful, or hazardous work is obligated to provide employees with the rights defined by labor legislation and comply with other requirements established by Georgian legislation.
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