The Law of Georgia On Non-Military, Alternative Labour Service Proceeding from the conventional international principles of human rights and according to the rights guaranteed by the Constitution of Georgia, - freedom of conscience, religion and beliefs - this Law shall regulate legal relations connected with performance by the citizens of Georgia of conscription in the form of non military, alternative labour service. Chapter I. - General provisions Article 1. Purpose of the Law On the basis of the Universal Declaration of Human Rights this Law shall determine non military, alternative labour service as the reasonable and humane compromise between the free expression of ideas, freedom of conscience, religion, beliefs and military duty. Article 2. Legislation of Georgia on non military, alternative labour service The legislation of Georgia concerning non military, alternative labour service consists of the Constitution of Georgia, this Law and other normative acts. Article 3. Non military, alternative labour service 1. Non military, alternative labour service shall be socially useful civil service replacing military service and based on a substantiation of refusal from the performance of conscription in the form of military service grounded on the freedoms of conscience, religion and beliefs. 2. Non military, alternative labour service, by its character, shall correspond to difficulties existing in military service. Its duration shall exceed the duration of military service established by the legislation on military service on call. 3. Call-up for non military, alternative labour service shall be performed by the State Commission on Callup of Citizens for Non Military Alternative Labour Service. 4. The citizens involved in non military, alternative labour service may, with their family, use privileges established by the legislation for military servicemen. 5. Terms of non military, alternative labour service shall be included in the general and special labour length of service of the citizens. The citizen’s social protection at performing of non military, alternative labour service shall be provided by the legislation. Article 4. Citizens who are to be sent to non military, alternative labour service In the peace-time and according to the legislation of Georgia, a citizen shall be sent to non military, alternative labour service if, due to reasons of conscience, religion or belief, he refuses to participate in military service. Article. 5. Types and places of performing non military, alternative labour service 1. Citizens shall perform non military, alternative labour service in the following special non military labour formations, in groups or individually: а) rescue, ecological, fire-prevention or other special non military labour formations; b) engineering, repair organisations and facilities of civil purpose; c) organisations and facilities making agricultural production; d) establishments of public service; DCAF-Security Sector Laws of Georgia e) establishments of health protection. 2. Assignment of the citizens by the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service to care for aged persons, invalids, persons without any care, and, according to the legislation, other socially unprotected persons, shall be considered as non military, alternative labour service. 3. Citizens of Georgia involved in non military, alternative labour service may participate in other services or non military labour formations, the list of which shall be approved by the President of Georgia. The citizens involved in non military, alternative labour service may participate in engineering, agricultural and other subdivisions of the Armed Forces of Georgia at the corresponding civil position. (05.12.2000) 4. Upon the decision of the President of Georgia, the citizens participating in non military, alternative labour services may be occupied in works of liquidation of the consequences of natural disasters, in seasonal works during harvesting and other works of a non military character. 5. The nature and location of non military, alternative labour service work shall be established by the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service, according to corresponding requirements submitted by the interested organisations. The competence of the Commission shall be determined by this Law and, according to it, by the Provision of the State Commission on the Callup of Citizens for Non Military, Alternative Labour Service confirmed by the President of Georgia. 6. Citizens involved in non military, alternative labour service shall be given the corresponding document in which the work and location of non military, alternative labour service shall be specified. Article 6. The Term of non military, alternative labour service 1. The term of non military, alternative labour service shall be: a) for persons with a higher education-18 months; b) for persons without a higher education-24 months. (18.05.2002 N 1468) 2. Beginning of the term of non military, alternative labour service shall be the date specified in the order of the Minister of Labour, Health and Social Protection of Georgia. (05.12.2000) Chapter II. - Sequence of replacement of military service with non military, alternative labour service Article 7. Application on replacing of military service with non military, alternative labour service A citizen who shall perform his/her military duty but has pertinent reason(s), as stipulated by this Law, to not participate in military service, shall submit an application form to the Military Forces of Georgia at the regional/city Military Draft Commission within 10 days of the announcement of the military call-up by the President of Georgia. Article 8. Consideration of the application by the Military Draft Commission 1. The regional (city) Military Draft Commission shall prove the private affairs of the conscript and on demand, obtain materials confirming the viability of the application. 2. The applicant shall be entitled to be present at the session of the commission and to prove his considerations. 3. The regional (city) Military Draft Commission shall be obliged within 20 days to consider the application of the citizen and to take the corresponding decision, which along with the private dossier shall DCAF-Security Sector Laws of Georgia be sent to the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service for the final conclusion. 4. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall take a decision within one month after receiving the application, personal dossier and the decision of the regional (city) Military Draft Commission. 5. The Minister of Labour, Health and Social Protection of Georgia, on the basis of the conclusion of the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall take the decision on the call-up of citizens for non military, alternative labour service and, in the case of refusal, issue a corresponding order. 6. If the Commission satisfies the request of the applicant, and the Minister of the Labour, Health and Social Protection issues the corresponding order, the applicant shall be registered for non military, alternative labour service. (5.12.2000) Article 9. Regional (city) Military Draft Commission The regional (city) Military Draft Commission shall assess the private dossier of the citizens. Article 10. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service 1. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall: а) provide for the transfer of the citizens to the work place specified by the Commission for performance of non military, alternative labour service; b) provide for the call-up of citizens for non military, alternative labour service; c) supervise the organisation of the performance of non military, alternative labour service by the citizen and control the work of the regional (city) Military Draft Commissions in the sphere of the call-up, performance and organisation of non military, alternative labour service; d) according to the requirements submitted by the interested organisations, establish the type of work and place where the citizens shall perform non military, alternative labour service; e) allocate places of non military, alternative labour service; f) consider applications and complaints of citizens submitted from the regional (city) Military Draft Commissions; g) take decisions on questions of its competence; h) on the basis of the application of the employee of non military, alternative labour service take decisions on the pre-schedule termination of this service or transfer of the citizens from non military, alternative labour service to military service. 2. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall be entitled to offer to the ministries and institutions and also to the enterprises, organisations and establishments of Georgia (irrespective of the type of property) the labour power for the performance of non military, alternative labour service. 3. The Ministries and departments and also enterprises, organisations and establishments of Georgia (irrespective of the type of property), if there is an interest, shall be obliged to give annually to the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service the corresponding data on the amount of free workplaces for the performance of non military, alternative labour service. Article 10. Department of non military, alternative labour service. 1. Department of Non Military, Alternative Labour Service (below-Department) shall provide for the realisation of work and decisions taken by the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service. DCAF-Security Sector Laws of Georgia 2. The Department shall be under the jurisdiction of the State and shall be subordinated to the Ministry of Labour, Health and Social Protection of Georgia, powers of which and the main field of activity shall be determined by this Law, the corresponding order of the President of Georgia, order of the Minister of Labour, Health and Social Protection of Georgia and the Provision of the Department. (18.05.2002 N 1468) Article 11. Settlement of disputable questions The citizens, who’s application on non military, alternative labour service are rejected, may appeal, within a 10 days term, in the court against the decision of the Minister of Labour, Health and Social Protection of Georgia. (5.12.2000) The court shall be obliged to consider the issue in a ten-days term and take a decision on the leaving in force or the termination of the Minister’s decision. (5.12.2000) Chapter III. - Performance of non military, alternative labour service Article 12. Call-up of citizens for non military, alternative labour service 1. The State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service shall register the persons who are to be sent to non military alternative labour service and give them the document on the call-up, in which the place of performance of non military, alternative labour service and the date of its start shall be specified. 2. Citizens participating in non military, alternative labour service, may be directed to the corresponding educational institution for professional training. Time of training shall be considered as non military service. 3. Administration of the enterprise, organisation or establishment, which directed the corresponding requirement to the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service, shall have no right to refuse a citizen who has the call-up document, provided by the Commission. 4. On the basis of the corresponding decision of the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service, the Department shall conclude a contract with the interested enterprise, organisation or establishment on job placement of the citizens performing non military alternative labour service. (18.05.2002 N 1468) Article 13. Order of performance of non military, alternative labour service The order of performance of non military, alternative labour service shall be determined by this Law and by the Provision approved by the President of Georgia. Article 14. Rights of the citizens performing non military, alternative labour service 1. Citizens performing non military, alternative labour service shall enjoy all rights stipulated by the Constitution of Georgia. 2. As a rule, the citizens shall perform non military, alternative labour service according to their place of residence. 3. Citizens performing non military, alternative labour service shall have no right to hold a supervising or materially responsible position, to demand higher wages from an administration or to participate in strikes. 4. Without the co-ordination of the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service, an administration shall have no right to release or transfer the employee participating in non military, alternative labour service to another work. Article 15. Responsibility of participants of non military, alternative labour services DCAF-Security Sector Laws of Georgia In the case of a law violation, a citizen performing non military alternative labour service shall bear the responsibility according to the legislation of Georgia. Article 16. Responsibility for evasion from non military, alternative labour service 1. Evasion of the employee of non military, alternative labour service from non military, alternative labour service, termination of service, leaving the workplace without a valid reason, absence during assignment, transfer, business trip, return from holiday or from hospital, shall be punished by double the number of days missed. The administration, enterprise, organisation or establishment where the citizen participates in non military service shall be entitled to register this decision with the co-ordination of the State Commission. 2. For regular infringements of the labour discipline the administration may prolong the term of performing of non military, alternative labour service for 3 months. The administration shall notify the State Commission of this decision within 10 days. Article 17. Ending or pre-schedule termination of non military, alternative labour service 1. When the established term of non military, alternative labour service is finished, the citizen shall leave the service and shall be enlisted in the reserve of non military, alternative labour service. 2. Citizen who is released from non military, alternative labour service, shall be obliged within 5 days after expiry of the term, to arrive to the corresponding regional (city) Military Draft Commission for the registration. The Military Draft Commission shall make the corresponding record in his registration card. 3. Citizen participating in non military, alternative labour service may be dismissed ahead of schedule for reasons, which according to the legislation, shall be valid for a pre-scheduled dismissal from military service, or, on the basis of the personal application whereby a citizen may be transferred from non military, alternative labour service to military service. While transferring from non military, alternative labour service to military service, the term passed in non military, alternative labour service shall not be included in the length of military service. Article 18. Service in the reserve 1. Citizen participating in non military, alternative labour service shall be registered in the reserve up until 50-years of age. 2. Citizen participating in non military, alternative labour service and enlisted in the reserve may be called for works on liquidation of sequels of natural disasters and failures, and also at the proclamation of mobilisation or an emergency situation. Term of the call-up shall be defined by the corresponding normative act. Chapter IV. - Final provisions Article 19. Enforcement of the Law This Law shall enter into force from January 1, 1998 Article 20. Normative acts, which become invalid with the adoption of this Law With the adoption of this Law, the following shall be considered invalid: а) Decision of a Supreme Soviet of the Republic Georgia ‘Оn Entering into Force of the Law of Republic of Georgia “Оn Non Military, Alternative Labour Service” of June 14, 1991 (The Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 435); DCAF-Security Sector Laws of Georgia b) Law of Georgia “Оn Non Military, Alternative Labour Service” of June 14, 1991 (The Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 436); c) Decision of a Supreme Soviet of Georgia “Оn Enforcement of the Temporarily Provision on Performance of Non Military, Alternative Labour Service by the Citizens” of June 14, 1991 (The Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 437); d) Temporary Provision “On Performance of Non Military, Alternative Labour Service by the Citizens” (The Gazette of the Supreme Council of Georgia, 1991, No. 6, art. 438). Article 21. Normative acts to be issued To ask the President of Georgia to approve until January 1, 1998: 1. Provision of the State Commission on the Call-up of Citizens for Non Military, Alternative Labour Service and the structure of the commission; 2. Provision on Performance of Non Military, Alternative Labour Service. (5.12.2000) President of Georgia Tbilisi October 28, 1997 No. 1012 Eduard Shevardnadze