Regulation of Internship in Georgian and EU Legislation

Authors

  • Ekaterine Kardava

Keywords:

Internship/traineeship, Labour Code of Georgia, the EU, open-market internship

Abstract

The internship contract is among of new legal institutes regulated by the Labour Code of Georgia based on amendments of September 29, 2020.

There are different types of internships, including open-market traineeship. This latest is concluded based on direct relationship between an employer and an intern. Such a model is rarely subject to legal regulation in European countries or is not allowed.

The article reviews the characteristics of an internship; various types of internships are discribed; model of regulation by the Labor Code of Georgia is studied and evaluated;  the EU approach and European practice is presented; Controversial questions are initiated for future research and analysis.

Author Biography

Ekaterine Kardava

Doctor of Law, Associated (Affiliated) Professor of the Caucasus University, Professor of the Gori State Teaching University, Visiting Lecturer at Ivane Javakhishvili Tbilisi State University Faculty of Law

References

Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, 27/06/2014 (in Georgian).

Organic Law of Georgia “Labour Code of Georgia”, 17/12/2010, 75, 27/12/2010 (in Georgian).

Law of Georgia on Lawyers 20/06/2011 (in Georgian).

Law of Georgia on Facilitation of Employment, 14/07/2020, (in Georgian).

Resolution of the Government of Georgia № 410, on the Approval of the State Program on the Terms of the Internship at the Public Service, 18/06/2014 (in Georgian).

Explanatory Note on Draft Organic Law of Georgia on Amendments to the Labour Code of Georgia. https://info.parliament.ge/file/1/BillReviewContent/247835? [20.01.2022].

Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships, (2014/C 88/01), https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014H0327(01)&from=EN [20.01.2022].

Resolution on the Youth Guarantee, European Parliament, 08/10/2020. https://www.europarl.europa.eu/doceo/document/TA-9-2020-0267_EN.html [20.01.2020].

Commission Staff Working Document Applying the Quality Framework for Traineeships, Strasbourg, 4/10/2016, 13, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016SC0324&from=EN.

Internship Needs Survey, Report, Friedrich Ebert Foundation, Young Socialists, 2019, http://library.fes.de/pdf-files/bueros/georgien/16011.pdf [20.01.2022] (in Georgian).

Fraudulent Contracting of Work: Abusing Traineeship Status, (Austria, Finland, Spain and UK), Eurofound, 2017, 2, https://www.eurofound.europa.eu/sites/default/files/ef_publication/field_ef_document/ef1717en5_1.pdf [20.01.2022].

Kardava E., Labour Law Bulletin № 3, Friedrich Ebert Stiftung, Association “European Time”, July, 2021, 3-4 (in Georgian).

Kardava E., Georgian Labour Law Reform under the European Integration and Assoiation Agreement Obligation, Tbilisi State University, Tbilisi, 2018, 161-173, https://www.tsu.ge/assets/media/files/48/disertaciebi4/Ekaterine_Kardava.pdf (in Georgian).

Stewart A., Owens R.,, Hewitt A., Nikoloudakis I., The Regulation of Internships: A comparative Study, Employment Working paper, International Labour Office, ILO, 2018, v, 6, 15, 23, 45, https://www.ilo.org/wcmsp5/groups/public/---ed_emp/documents/publication/wcms_635740.pdf [20.01.2022].

Traineeships under the Youth Guarantee, Experience from the ground, European Commission, 2018, 2-3, https://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8163&furtherPubs=yes [20.01.2022].

https://www.eurofound.europa.eu/publications/article/2011/strengthened-regulation-of-internships [20.01.2022].

https://www.euractiv.com/section/politics/news/european-parliament-calls-for-ban-on-unpaid-internships/ [20.01.2022].

Published

2021-12-31

How to Cite

ქარდავა ე. (2021). Regulation of Internship in Georgian and EU Legislation. Journal of Law, (2), 124–133 (Geo) 113. Retrieved from https://jlaw.tsu.ge/index.php/JLaw/article/view/3622

Issue

Section

Articles