The Social Justice Center responds to the issue of the dismissal of around 40 miners in Tkibuli and believes that the company's decision contradicts labor rights standards and bears signs of alleged discriminatory persecution based on differing opinions.

Three months ago, the mining company "Saknakhshiri" operating in Tkibuli began a reorganization process, resulting in the dismissal of 38 employees. The dismissed employees were offered two compensation options by the company: 1. three months' compensation, retraining, and a vague prospect of possible re-employment after retraining and examination; 2. dismissal and four months' compensation.[1]

The company links the reorganization process to the introduction of new standards and technologies in mining and occupational safety. According to the company, employees' knowledge and qualifications were assessed for these purposes, resulting in the reduction of 38 jobs, and the dismissed employees were offered retraining.[2]

However, the process of dismissing miners under the reorganization at "Saknakhshiri" is incompatible with several fundamental standards of labor law.

1. According to international labor standards, the valid grounds for termination of employment may include the reorganization of an establishment or enterprise if it is driven by the need for significant operational or functional changes, which may relate to economic, technological, structural, or other similar reasons[3]. However, in this case, "Saknakhshiri" formally cites the general need for technological changes and the introduction of new standards as the basis for reorganization. From the public information released by the company, the specific content and scale of these changes are unclear. This issue remains vague for the dismissed workers as well, as the company has not provided them with comprehensive explanations. Consequently, it remains questionable whether there are genuinely substantial technological changes that actually necessitated the dismissal of 38 employees.

It is also essential to emphasize that during the reorganization and modernization of an enterprise based on technological changes, workers must be given the opportunity to adapt to new working conditions, standards, and technologies. [4]This implies retraining and the opportunity to continue working under the new conditions. The actions taken by "Saknakhshiri" towards its workers—first dismissing them, then offering retraining, followed by a vague prospect of re-employment—clearly contradict and grossly violate fundamental labor rights standards.

2. Among the significant shortcomings of the reorganization carried out at "Saknakhshiri," the interview process with the dismissed employees stands out[5]. The miners were dismissed following oral interviews, which were not preceded by prior notification regarding the criteria on which their knowledge and qualifications would be assessed. In some cases, no interview was conducted at all. According to the company's official explanation, "some staff were simply reduced, just like that."[6]
3. Another alarming aspect of the layoffs at "Saknakhshiri" is the presence of individuals among the dismissed who were allegedly subjected to pressure due to their political views and differing opinions. These individuals provide detailed accounts of various forms of intimidation by company representatives, reportedly related to their support for opposition political parties and/or their critical stance on problematic issues within the company.[7]

The alleged discriminatory motive behind the dismissal of workers is further evidenced by the absence of any formal complaints regarding their job performance within the company. On the contrary, over many years of employment, these workers were gradually promoted by the company for successfully fulfilling their assigned responsibilities.

In the aftermath of the parliamentary elections, amidst widespread anti-government protests and increased repression by the authorities, there is a well-founded suspicion that these individuals were considered undesirable by a company closely linked to the government, and their dismissal under the pretext of reorganization was a deliberate act.

The severe violations of labor rights observed during the reorganization process, along with the superficial explanations provided by "Saknakhshiri," reveal that the company has not adequately understood the genuine needs of its workers or its central obligations regarding labor rights.

It is noteworthy that the company has a long history of extremely poor working conditions, which have resulted in multiple fatalities. The year 2018 was particularly tragic for Tkibuli, with 12 miners losing their lives in a single year. Equally devastating was the explosion on January 30, 2022, in the Mindeli mine in Tkibuli, which claimed 1 life and left 8 injured. In total, 40 miners have died in Tkibuli mines since 2007. Despite these harsh conditions, "Saknakhshiri" remains the primary source of employment and income for Tkibuli residents, with approximately 1,250 locals employed in the mines. Tkibuli municipality is characterized by high poverty levels, and the taxes paid by the company for property and natural resources to the local budget remain minimal. Under these circumstances, migration rates in Tkibuli are high, and the population continues to decline year after year.

Following the severe working conditions and mass strikes in 2019, the company changed ownership. Since late 2019, "Saknakhshiri" has been owned by LLC Steel International Trading Company. From November 2019, the general director of "Saknakhshiri" has been LLC Coal of Georgia. In 2019, 50% of Coal of Georgia was transferred free of charge to LLC Dato, whose 90% is owned by Mikhail Sotsky, a citizen of the Russian Federation.The management of this company demonstrates a high level of loyalty to the "Georgian Dream" political party, and the internal "cleansing" observed within the company appears to further confirm this alignment.

The Social Justice Center expresses solidarity with the dismissed miners and declares its readiness to protect the workers' rights through legal mechanisms.

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