Recommendations

Public Defender of Georgia Establishes Discrimination on grounds of Pregnancy in Labour Relations

On October 2, 2017, the Public Defender of Georgia appealed to the LLC IG Development Georgia with regard to the case of discrimination on grounds of pregnancy.

According to the factual circumstances of the case, IG Development Georgia terminated a service contract with its employee after her maternity leave.

The Public Defender considered that the service contract signed between the applicant and the company, which did not provide for an obligation to extend legal relations, was a labour contract in its essence, since the duties performed by the applicant was functionally important for the company, it was necessary the employee to personally do the job, the applicant was subordinated to the employer and she was working according to certain functional rules. In addition, the property, whicht was necessary for the performance of the job, belonged to the company.

Keeping that in mind, the Public Defender established that the reason for IG Development Georgia’s refusal to extend the service contract was the applicant's pregnancy and called on the company to eliminate the consequences of the discrimination, refrain from discriminatory treatment on grounds of pregnancy in labour relations in the future and observe the principle of equality.

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