A/HRC/44/43/Add.1 with specific operating conditions requiring more than 8 hours of uninterrupted production, work should not exceed 48 hours a week. According to trade unions, this provision puts employees working in these enterprises in an unequal position. They also voiced concern regarding the rule for counting overtime compensation, noting that the current regime does not define Saturday and Sunday as holidays. This gap in the regulatory framework could lead, for example, to situations where an employee would work seven days a week but not exceed 40 or 48 hours, and therefore would not be entitled to receive overtime compensation for the work done on weekends. Since 2015, the Public Defender has recommended in its annual reports the inclusion of a cap on daily working hours, a provision for weekly rest, and a cap on overtime. In this regard, the Government informed the Working Group that the amendments to the Labour Code that were being discussed in the parliament encompassed the maximum amount of working hours within a week, as well as a cap for overtime work. It also reported that the new law on labour inspection would provide workers with the possibility of referring to the Labour Conditions Inspection Department in case of an infringement of their labour rights. 58. Steps have been taken to revive the Tripartite Social Partnership Commission, established in 2013 and comprising government, private sector and trade union representatives. The Commission had the objective of supporting the development of a social partnership; promoting social dialogue between employees, employers and the Government at all levels; and developing proposals and recommendations on various issues related to labour rights with the assistance of the International Labour Organization (ILO). The Working Group learned that the Commission was supposed to meet quarterly but that it had only held four meetings since 2013, and that it did not represent an effective mechanism to strengthen labour policies and practices. In order to assess labour legislation and elaborate measures for the better protection of labour rights, the Working Group recommends that the Commission be reformed, in order to make it more effective, especially in relation to the implementation of its recommendations. 2. Freedom of association and discrimination 59. The legal framework protects the right to freedom of association, including the right to create and join trade unions. The unions have the right to develop their own charters, establish management bodies, elect representatives and administer their activities. The Labour Code (arts. 40.1 and 40.2) prohibits discrimination based on membership or activities in any association, but does not oblige the employer to reinstate employees dismissed owing to discrimination. 60. Trade unions representatives and civil society organizations told the Working Group about instances of trade unions being unduly influenced by employers, and cases of companies automatically enrolling their employees in a specific trade union when they signed the employment contract. This practice threatens the vital role played by independent trade unions in protecting workers’ rights. 61. Moreover, the Working Group received allegations of discrimination based on trade union affiliation, and unfair dismissal allowed by the vaguely defined ground of “other objective circumstance”, contained in article 6 (e) of the Labour Code. Concerns were also raised regarding the lack of effective penalties or remedies for arbitrarily dismissed employees, including lengthy delays involving labour rights in legal disputes. Trade unions and civil society representatives emphasized the importance of an effective labour inspection system with the mandate to inspect the full spectrum of human rights at the workplace in order to act as a preventive mechanism but also to foster respect of labour rights. 62. The Office of the Public Defender plays a critical role in preventing and addressing discrimination. It has a mandate to monitor how State authorities and institutions protect and respect human rights, exercise oversight on the implementation of the Law of Georgia on Elimination of all Forms of Discrimination of 2 May 2014, and monitor implementation of the Convention on the Rights of Persons with Disabilities, in line with the Organic Law on the Public Defender of Georgia. The provisions of the law of 2014 apply to public agencies as well as legal entities and physical persons of private law, thus allowing the Public Defender to deal with discrimination complaints arising from both the public and 12