The Social Justice Center responds to the further rights-restricting legislative initiative announced by the Georgian Dream party and believes that the changes to the "Public Service Law" aimed at simplifying reorganization fundamentally contradict labor rights standards, serving the clear goal of political persecution and a personnel purge in the public service.

On December 9, 2024, the Parliament of Georgia began the official discussion process of the bill on amendments to the "Public Service Law" of Georgia [1]. The bill was initiated by the deputies of the Georgian Dream party and is being processed in an expedited manner.

The initiative to amend the "Public Service Law" was preceded by protests from public officials, which followed the suspension of the government's Eurointegration process and was described by the Prime Minister of Georgia, Irakli Kobakhidze, as a "self-purification process" of the public service. The government announced an appropriate response in line with the "Constitution and legislation"[2]. The protests by public officials were characterized by the Mayor of Tbilisi, Kakha Kaladze, as an attempt to "undermine state institutions through sabotage," and, like the Prime Minister, he indicated potential responses by the government "within the framework of the Constitution and law"[3]. The ruling party's response to the protest was ultimately clarified by the Executive Secretary of the party and the leader of the parliamentary majority, Mamuka Mdinaradze. Mdinaradze stated that due to the need for the "reorganization of the public sector," changes would be made to the "Public Service Law," simplifying the reorganization process. [4] On the same day, December 9, the official discussion process of the bill amending the "Public Service Law" began in the Parliament of Georgia[5].

The chronology of events, public statements by high-ranking government officials, and the content of the proposed changes indicate that the planned amendments to the "Public Service Law" aim, on the one hand, to simplify the dismissal of critical public servants under the guise of reorganization and, on the other hand, to establish full party control at all levels of the public sector.

An analysis of the bill reveals that the following changes are particularly problematic:

1. Expansion of Grounds for Reorganization

The initiated amendments broaden the grounds for declaring reorganization within public institutions. Under the current "Public Service Law" of Georgia, reorganization is defined as changing the institutional structure of a public institution, resulting in either a partial or total restructuring. According to the existing legislation, the dismissal of a public servant due to reorganization was only possible in the case of staff reductions[6]. However, with the proposed amendments, the concept of reorganization is significantly and unjustifiably expanded, while the grounds for dismissal due to reorganization are made much simpler than currently defined by law.

More specifically, with the bill initiated by the Georgian Dream party, the basis for reorganization could include minimal changes, such as "the addition of new functions to each employee in a structural unit or changes to existing functions." This is in contrast to the current edition of the Public Service Law, which does not consider the assignment of new functions to a specific employee—or even to an entire structural unit— as a valid ground for reorganization[7].

2. Simplification of Public Servant Dismissals During Reorganization

In addition to the absurd expansion of the grounds for reorganization, the proposed amendments are extremely alarming in that they allow for the automatic dismissal of public servants during reorganization. Specifically, the bill stipulates that "during reorganization, if each employee in a structural unit is assigned new functions or existing functions are changed, or if a structural unit merges with another, or if staff numbers are reduced, the employees of the relevant structural unit will be dismissed, and a competition will be announced".[8] According to the bill, in the case of dismissal due to reorganization and the subsequent announcement of a new competition, the head of the institution is granted discretion to decide the type of competition—whether open, closed, or internal—to select employees at all levels.

3. Abolition of the Possibility of Transferring to Equivalent Positions

Under the current legislation, when a public institution undergoes reorganization, liquidation, or merging with another public institution, it is possible for a public servant to be transferred to an equivalent position within the same or another public institution, or, if such a position is unavailable, to a lower-level position. [9] However, with the initiated amendments, public servants who are dismissed due to reorganization will no longer have the option to be transferred to an equivalent position. The possibility of transferring to an equivalent position, or to a lower position if no equivalent exists, will only apply in cases of liquidation or merging with another public institution.[10]

4. Reduction of Reorganization Duration

The duration of the reorganization process is also being shortened. Under the current law, reorganization of a public institution must be completed within a maximum of three months, with certain exceptions provided by Georgian law[11]. The proposed amendments will reduce the maximum duration of the reorganization process to two months[12].

5. Restrictions on the Restoration of Violated Rights

Among the problematic provisions of the bill is the limitation on the restoration of rights for unlawfully dismissed public servants. Specifically, if a public servant challenges their dismissal in court or files a complaint about the results of a competition, the ruling in favor of the public servant will not result in their reinstatement to service. Furthermore, the public servant dismissed unlawfully will not be reinstated even if the position is filled by someone else as a result of the competition[13]. If the lawsuit is successful, the unlawfully dismissed public servant will only be entitled to severance pay and compensation equivalent to three months of their official salary[14]. This provision contradicts the principle of fair and full compensation for individuals unlawfully dismissed from public service, as established by the Constitutional Court's standards. The Constitutional Court has previously ruled that a similar provision, which limited severance to three months of salary, is unconstitutional [15]

According to the International Labour Organization (ILO) Convention No. 158 on employment termination, valid grounds for ending employment may include reorganization within an institution, provided it is justified by one of the following reasons: economic, technological, structural, or other similar changes, and not due to the actions of the employee[16]. The reorganization procedure initiated by the Georgian government for public institutions contradicts the standards outlined in the ILO Convention, as it is not based on essential reasons such as economic, technological, or structural changes, but rather on relatively trivial reasons like changes or additions to the functions of individual employees. This poses a high risk of arbitrary and formalized implementation of these changes. As a result, declaring reorganization on such minimal grounds and the automatic dismissal of employees within a structural unit effectively eliminates all protections against unlawful dismissal of public servants and legalizes arbitrary decision-making.

The Georgian Supreme Court defines the essence of reorganization in public institutions as follows: "Structural and/or functional transformation, which may lead to changes in the status, subordination, or functional responsibilities of the institution as a whole or its structural units, as well as changes in the number of staff" [17]. The fact that the reorganization process based on the bill will be superficial and inconsistent with the actual nature of reorganization as defined by the Court is confirmed by the explanatory note to the bill on amendments to the "Public Service Law" of Georgia. The explanatory note includes general statements regarding the reform goals within the public service sector but does not specify the real need for structural or functional transformation in public institutions[18].

It is worth noting that the planned amendments to the "Public Service Law" of Georgia significantly worsen the labor rights of public servants. These changes coincide with large-scale protests by public servants, who distanced themselves from the ruling party’s decision to halt Georgia’s EU integration process. Public servants employed in various institutions, including the Ministries of Foreign Affairs, Defense, Education, Justice, and the City Hall of Tbilisi, issued joint critical statements. The public responses from high-ranking government officials and the accelerated initiation of problematic amendments to the law reveal that the true aim of the changes is to punish critically inclined public servants and impose complete partisan control over the public service. The Social Justice Center reiterates its readiness to defend the rights of public servants unlawfully dismissed from their positions and to provide pro bono legal representation both locally and internationally.

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