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Sacrificed to Work

April 28, 2011
Gela Mtivlishvili

April 28 is the International Commemoration Day for Dead and Injured in working place. According to statistical data, 81 people have died during their work since 2010. The rights of the employees are not protected by the Georgian Labor Code if they are injured during the labor incidents; if they die on the working place, the Law does not envisage any rehabilitation.

The Labor Code guarantees rehabilitation of only injured people only if the employer finds out that the employee was not guilty in the incident. The representatives of the Trade Union said the employers plead guilty in the incidents only in very few cases. If the victim appeals to the Court, s/he might get compensation but if the person dies during the work, the Labor Code does not envisage any compensation as it is impossible to compensate the victim.

The Labor Inspection was entitled to monitor security norms at the working places before 2006. But after the amendments were introduced to the Code, the inspection was abolished.

In 2007, three people died during the ongoing construction because of the breaching security norms. The workers were building marani (building to store wine) in the yard of businessman Zurab Perishvili’s house. When cutting the basement, the wall pulled down and four people were caught under ruins. Tamaz Kavlashvili, Vasiko Abesadze and underage Imeda Sisuair died, one victim survived.

Perishvilis’ neighbor Nino Abesadze said they had warned Zurab Perishvili about the danger of pulling down the wall several times but in vain.

Gurjaani district police department started investigation on the violation of security norms during the construction but the investigation was endlessly prolonged.

“As for employment of the underage child on the illegal construction, the Criminal Code does not envisage any sanction for the crime,” said Gurjaani district deputy prosecutor Zurab Bikashvili.

The lawyer said a person is capable to work physically from the age of 16; though underage person cannot be employed at a hard work which can damage his physical or mental development.

“In this concrete case, not to speak about criminal liability of the employer, he blatantly breached the Labor Code regardless the fact that no contracts were signed between the employer and employees. An underage person cannot be employed at the dangerous and hard work without the permission of his/her authoritative representative. Other issues related with the labor cooperation, which are regulated by the Labor Code or other special law, are regulated by the Civil Code of Georgia which states that family members of the dead worker, if they are recognized as victims by the court, shall file civil complaint and request compensation of the damage,” said the Lawyer Lia Khuroshvili.

The relatives of the dead worker did not sue the employer. Zurab Perishvili financially assisted them.

Another accident occurred on February 20, 2011 in Vardisubani village in Lagodekhi district. When mending the detached electricity wires the electricity supply was suddenly renewed and two persons died on the place – 40-year-old Nikoloz Arevadze and 29-year-old Avtandil Kochiashvili.

“The snow detached wires for the main electricity framework. The residents of this district called the electricity fitters. They arrived here in the evening and asked our help in mending the wire. Several men went to help them. The fitter was on the post when the electricity-supply was resumed and he burnt immediately. Two local people, who assisted the fitter, received electrical shocks; one of them died but the second survived. A similar accident has occurred in the village before,” said local resident Valeri Kharaishvili.

Lagodekhi district police started investigation on the accident under Article 240 Part III of Criminal Code of Georgia which envisages punishment for the breached security norms at an electricity unit which resulted into the death of two or more people. The crime is punishable by imprisonment from 6 to 10 years.

Family members of the dead Nikoloz Arevadze blame the Kakheti regional prosecutor’s office in the protection of the criminals. Widow of the fitter Nino Arevadze told the Information Center of Kakheti that she knows the name of the person whose activity caused the death of two people; however the person is not punished.

According to the family members, the manager of the Lagodekhi district service center of the Kakheti Electricity Distribution Company Besik Koberidze is brother-in-law of deputy prosecutor Vazha Maghradze and the investigation is prolonged for that reason. Kakheti regional prosecutor’s office does not comment on the accusation.

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