From: Tea Akhvlediani [mailto:takhvlediani@moh.gov.ge]
Sent: Thursday, June 20, 2019 5:57 PM
To: Temur Pipia
Cc: Irine Bartaia ; Khatuna Totladze ; Nino Baratashvili ; Giorgi Bunturi
Subject: RE: Draft Agreement on Legal Migration_Georgian remarks

From: Temur Pipia [mailto:tpipia@mfa.gov.ge]
Sent: Wednesday, June 19, 2019 11:33 AM
To: Giorgi Bunturi; Tea Akhvlediani
Cc: Irine Bartaia; Levan Tsurtsumia; Khatuna Totladze; Teona Kvantaliani
Subject: FW: Draft Agreement on Legal Migration_Georgian remarks

From: Vazha Gvaramia
Sent: Wednesday, June 19, 2019 11:26 AM
To: Temur Pipia <tpipia@mfa.gov.ge>
Subject: FW: Draft Agreement on Legal Migration_Georgian remarks

From: Hristo Simeonov [mailto:skogkatt_bg@yahoo.com]
Sent: Tuesday, June 18, 2019 11:51 PM
To: Vazha Gvaramia <vgvaramia@mfa.gov.ge>
Cc: Hristo Simeonov <hristo.simeonov@mlsp.government.bg>; Atanas Kolchakov <atanas.kolchakov@mlsp.government.bg>; Tatyana M. Georgieva <tatyana.georgieva@mlsp.government.bg>; Marina Yaneva <marina.yaneva@mlsp.government.bg>
Subject: Re: Draft Agreement on Legal Migration_Georgian remarks

Dear Vazha,

The exchange of the current correspondence shows exactly why the rounds of negotiations are so much needed! As well as direct correspondence between contact points from both ministries! I still cannot see the urgency why we have to skip several stages of direct negotiations (e-mail exchanges on expert level, not only visits for rounds of talks, etc.)...!

Anyway... Please, forward the following to your colleagues:

Dear Colleagues,

In the attached version you will find:

1/ We accepted all technical changes as agreed (Title; Art. 2, para. 1, p.1; Art. 11; Art. 15, para. 3) + a minor technical change in the Preamble and Art. 11;

2/ Regarding the Competent Institutions:

2.1. In Para. 2 we need to mention for both sides such public institutions who:

- will on practice deal with direct functions in area of recruitment of workers for the implementation of this Agreement;

- will be responsible for the dissemination of information both to interested employers and workers;

- will check and ensure that all workers have labour contracts;

- etc...

The designated Competent Institutions should be on same institutional level.

That is why we asked you to provide us with the legally defined functions of the proposed Georgian structure - to try to find a matching institution in Bulgaria, on same level and with similar competences.

We do understand your explanation and situation as it is now. As you can see from this explanation, our problem is that we designate an institution with executive powers and you designate a structure that is responsible for policy making. This is a serious mismatch...

However, IF your Department (btw, is it the correct name? please, check how it should be in English - Department, Directorate, Division, Unit or something else) agrees to deal with direct implementation of the Agreement (let's not forget that it's signing will have to be followed of rounds of negotiations of Implementation Procedures!), than we will have to designate a corresponding institutional level from within our Employment Agency. But we need to know what are the powers and functions of the proposed Georgian structure!

2.2. After that, as a compromise, we are ready to add another paragraph 3 - with the aim to allow the Parties to designate, IF they wish so /need so/, additional institutions with specific competences under the respective national legislation. These institutions cannot replace the Competent Institutions, but can be of additional help to them.

So, PLEASE, let us know in more details about your proposed structure in order that we should immediately adjust our structure. And also, if you can agree on the addition of a new Para. 3 (in this case the old para. 3 will become para. 4).

3./ Article 16, para. 3

The meaning of this clause is again to protect the workers' rights that arise or may arise in relation to (as a result of) the labour contract. Yes, the labour contract is temporary, the work is for a limited period. However, limited or unlimited, employment has consequences and gives rights. The most obvious rights are in the area of social security and they are definitely not bound only within the time-frame of the labour contract. Yes, we have already Art. 11 specifically for social security, but this text (Art. 16, para. 3) is a general protection of all such rights in case of termination of this Agreement.

So, we propose to keep the original text as proposed and to finish it after the words "shall remain valid".

Hoping now these clarifications are more helpful for both sides,

Greetings from Turin, Italy,

Expecting your positive reply with clarifications,

Thanking you for your cooperation,

Hristo