One Hundred Thirty-five Workers Demand Their Two-Year-Wages (Part I)

Journalistic Investigation 

One hundred thirty-five workers demand from their employer company, “Georgian Roads Construction Company” Ltd, two-year-wages. Although they have appealed to several court instances, they have not received the fair verdict yet. At present, their case is discussed at the Supreme Court.

The point is that the workers demand the wages according to the labor contract they have signed. However, the company does not admit the debt. The total debt amounts to half a million GEL.

As for the history, it started in 2002. ‘Viragi’ Ltd was created at that time and those people started working there. The workers were employed according to the labor contract drawn up under the Georgian Labor Code, Article 19.

All 135 workers have similar histories regarding the situation. All of them were on the basis of the contract, but afterwards nobody paid them money. One of the stories is the following: “I have worked as a welder for the company since 2002. The company has different name now-“Georgian Roads Construction Company’ and it is run by different people. The company carries out construction activities. Initially they paid little money-we received 100-150 GEL once in three months. Our contract stated that our wage should have been 20 lari a day. The company’s total debt to me is 1 500 GEL. I am still working there, though it is a new company that has adjoined the old Miragi. The new company is a legal heir of the old one that employed us. As for the debts, we have appealed to several instances of the court but the situation showed us that the company owners have influential protectors and our effort has no result yet. Unfortunately we do not have contract copies; the new company has annihilated them and subsequently is not going to pay the debt. The new owners say that the old employers have appropriated the money and now they should not pay the money to us.”

On August 21 2003 the company Viragi has adjoined the Georgian Roads Construction Company Ltd and as a legal heir has been transferred with old labor contracts, various decrees and salary documents of the old company. Former director Zurab Doghonadze, the workers and their lawyers confirm the fact.

“There were contracting documents in the Ltd. The company transferred those documents to the Georgian Roads Construction Company; however the new employers say that they have not delivered anything. Even if there were not a written contract, the law envisages the oral settlement as well. However, in this particular situation there was a written contract that has been hidden,” said Zurab Doghonadze.

Mitrofane Sturua, lawyer of the victims, also confirmed that the workers had been accepted at the work on the basis of labor contracts and the Road Construction Company keeps it in secret. “These people were employed under the Labor Code and labor contract. When the Viragi joined the new company, all existing documents were transferred to the new employers, however now they hide them.”

As for the legislation, the Labor Code Article 6 states the following: “The labor contract is drawn up in written or oral form for definite or indefinite working term.”

Workers and former director claim that the Georgian Roads Construction Company’s total debt to them amounted to 448 258 GEL in 2002-2003.  More precisely, in 2002 it reached 141 695 GEL and in 2003 it reached 306 563 GEL. However the suitors demand only 325 850 GEL in their appeal. The lawyer defined that only 135 workers continue struggle for justice, while the others gave in. Some of the workers died.

Mitrofane Sturua, a lawyer: “Actually the Company owes money not only to those 135 people.  Though the victims’ number is large, most of them, having seen nobody was going to pay the wages, gave in. Some of them died too. 325 850 GEL is the debt to those people who signed the appeal. Despite workers’ several demands, the company refuses to pay the money.”

It should also be pointed out that the allocated debt for the director’s salary amounted to 10 000GEL. “I acted as a director of the company for three years after September 1 2003. In December the company ceased its activities and in 2004 the enterprise was abolished. ‘They’ purchased the destroyed company. The new director was appointed by the bank ‘CentInvest’. Viragi owned some money to that bank. Having joined the Roads Construction Company, those debts also were transferred to new owners. I lost my position in the company after the CentInvest appointed his man to my position. The company has a debt of 10 000 GEL as my salary,” said Doghonadze.

(part II) http://www.humanrights.ge/eng_/articles.php?id=644

Eka Gulua