International Labour Conference, 97th Session, 2008
Report of the Committee of Experts
on the Application of Conventions
and Recommendations
(articles 19, 22 and 35 of the Constitution)
Third item on the agenda:
Information and reports on the application
of Conventions and Recommendations
Report III (Part 1A)
General Report
and observations concerning particular countries
International Labour Office Geneva

Georgia

Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) (ratification: 1999)
The Committee notes the Government’s report as well as its reply to the 2005 and 2006 comments of the
International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation).
It further notes the comments of the ITUC and of the Georgian Trade Union Confederation (GTUC) dated 28 and
31 August 2007, respectively, referring to the issues previously raised by the ICFTU and the Committee.
Labour Code (2006). The Committee had previously noted the adoption in 2006 of the new Labour Code. In this
respect, the Committee had noted that while the new Labour Code repealed the Law on collective contracts and
agreements and the Law on collective labour disputes, it did not regulate all aspects of freedom of association and that it
appeared that by repealing the abovementioned legislation, there were numerous aspects of freedom of association that
would not be sufficiently protected in law. The Committee had asked the Government to indicate whether it intended to
adopt additional legislation to this end. The Committee notes the Government’s indication that Chapter X of the Labour
Code regulates the matters in connection with collective agreements and Chapter XII – labour disputes. It further notes the
Government’s statement that the Constitution and the Law on trade unions provide for protection of trade union rights.
The Committee also notes the Government’s indication that the Ministry of Labour, Health and Social Affairs has
prepared draft amendments to the Labour Code so as to bring it into closer conformity with international labour standards.
The draft amendments shall be submitted to Parliament pursuant to the procedure provided for in the national legislation.
The Committee requests the Government to keep it informed of the developments in this regard.Law on trade unions. The Committee had previously requested the Government to amend section 2(9) of the Law
on trade unions so as to lower the minimum trade union membership requirement set at 100. The Committee notes the
Government’s indication that this requirement concerns establishment of trade union confederations (associations) and
that the legislation does not provide for a minimum membership requirement for establishing a trade union, while
15 members are required to establish a primary trade union. While noting the Government’s statement, the Committee
notes that section 2(9) of the Law on trade unions refers expressly to “trade union” and not to “confederation of trade
unions”, while section 3(9) refers to the “primary trade union” and to the minimum requirement of 15 members. The
Committee therefore once again requests the Government to take the necessary measures to amend section 2(9) so as to
lower the minimum trade union membership requirement and to ensure that the right to organize is effectively
guaranteed. It requests the Government to keep it informed of the measures taken or envisaged in this respect.
Furthermore, the Committee had asked the Government to indicate whether federations of trade unions may call a
strike action in defence of their members’ interests. The Committee notes the Government’s indication that the legislation
does not limit the right to strike of trade union confederations (associations).
Finally, the Committee recalls that it had previously noted the ICFTU’s comments with regard to the dispute over
trade union property and urged the Government to engage in consultations with trade union organizations in order to settle
the question of the assignment of property. The Committee notes the Government’s statement that the property dispute,
previously referred to by the ICFTU, had been resolved.
With regard to the specific provisions of the Labour Code, the Committee is addressing a request directly to the
Government.
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
(ratification: 1993)
The Committee notes the Government’s report. It further notes the comments of the International Trade Union
Confederation (ITUC) and of the Georgian Trade Union Confederation (GTUC) which refer to the adoption of the Labour
Code without prior consultation with trade unions and insufficient protection against acts of anti-union discrimination and
interference, and insufficient regulation of collective bargaining matters.
The Committee notes the Government’s statement that representatives of trade unions and employers’ organizations
were involved in the discussion of the Labour Code.
Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. Acts covered. The
Committee had noted that section 11(6) of the Law on trade unions and section 2(3) of the new Labour Code prohibited, in
very general terms, anti-union discrimination, and did not appear to constitute sufficient protection against anti-union
discrimination: (i) at the time of recruitment of workers; and (ii) at the time of termination of their employment.
(i) Recruitment. The Committee had noted that, pursuant to section 5(8) of the Labour Code, the employer was not
required to substantiate his/her decision for not recruiting the applicant. Considering that the application of this
section in practice might result in placing on a worker an insurmountable obstacle when proving that he/she was not
recruited because of his/her trade union activities, the Committee requested the Government to amend section 5(8)
of the Code. The Committee welcomes the Government’s indication that discussions are taking place on
reformulating this provision. The Committee expects that this provision will be soon amended so as to provide
adequate protection against anti-union discrimination at the time of hiring.
(ii) Termination of employment. The Committee had noted that, according to sections 37(d) and 38(3) of the Code, the
employer had a right to terminate a contract at his/her initiative with his/her employee provided that the employee
was given one month’s pay, unless otherwise envisaged by the contract. While the Government refers to the general
prohibition of anti-union discrimination provided for in section 11(6) of the Law on trade unions, in light of the
absence of explicit provisions banning dismissals by reason of union membership or participating in union activities,
as noted above, the Committee considers that the legislation is unclear as to the regulation of cases of anti-union
dismissals and does not offer sufficient protection against anti-union dismissals as called for by Articles 1 and 3 of
the Convention. The Committee requests the Government to amend its legislation so as to ensure that there is a
specific prohibition of anti-union dismissals. The Committee requests the Government to keep it informed of the
measures taken or envisaged in this respect.
Means of redress and sanctions. With regard to the Committee’s previous request to provide for sufficiently
dissuasive sanctions in cases of anti-union discrimination, the Committee notes the Government’s statement that section
42 of the Code of Administrative Violations, punishes violations of labour legislation and labour protection rules by a
penalty equivalent to a minimum of 100 times the labour remuneration and that the same violation committed within one
year following the imposition of an administrative penalty is punishable by a penalty equivalent to 200 times the labour
remuneration. The Committee requests the Government to indicate the relevant provisions regulating the procedure
under the Code of Administrative Violations, its duration and the possibilities of means of redress available to workers,
victims of acts of anti-union discrimination, including dismissals, transfers, downgrading, etc. (particularly,
considering the GCTU’s allegation of absence of procedures of redress in the national legislation). The Committee
further notes that the Government indicates that, according to section 142 of the Criminal Code, “violations of the equalityCommittee observes, however, that the Criminal Code (1999) at its disposal does not refer to discrimination based on
membership of an association. It requests the Government to provide clarifications in this respect.
Article 2. Protection of workers’ organizations against acts of interference by employers. The Committee had
previously noted that Georgian legislation prohibited acts of interference from employers in trade union activities.
However, no express provisions for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts
of interference, existed in legislation. The Committee once again requests the Government to take the necessary
measures in order to adopt specific legislative provisions in this respect.
Article 4. Collective bargaining. The Committee had previously noted that according to section 13 of the Labour
Code, the employer (unilaterally) is authorized to specify the duration of a business week, the daily schedule, shifts, the
duration of breaks, the time and place of remuneration payment, the duration of and the procedure for granting a leave and
unpaid leave, the rules for complying with labour conditions, the type and the procedure for work-related incentives and
responsibilities, the procedures for consideration of complaints/applications and other special rules subject to the specifics
of the business of the organization. The Committee had further noted Chapter XII of the Code (sections 41–43), which
concerns collective labour relations. Under section 41(1), “a collective contract shall be concluded between an employer
and two or more employees”. According to section 42(1) and (3), for the purposes of concluding, changing or terminating
a collective contract, or for the purpose of protecting the employees’ rights, the unions of employees act through their
representatives, defined as any physical person. Furthermore, in accordance with section 43(2), an employee may
conclude individual and/or several collective contracts with one employer. Pursuant to subsections (4) and (5) of the same
section, if one of the parts of the contract is annulled on the initiative of either party, this could cause the termination of
labour relations pursuant to the Labour Code; and the existence of collective contracts does not limit the right of the
employee or the employer to terminate the contract. The Committee considers that sections 13 and 41–43 read together are
in contradiction with the notion of collective agreements in the sense of Convention No. 98, i.e. agreements regulating
terms and conditions of employment negotiated between employers or their organizations and workers’ organizations;
moreover, the legislation seems to put in the same position collective agreements concluded with trade union
organizations and agreements between an employer and non-unionized workers (sections 41–43). Furthermore, the
Committee considers that with the Law on trade unions containing one general provision on the right of trade unions to
collective bargaining, and the Law on collective contracts and agreements repealed, it is clear that collective bargaining is
not sufficiently regulated (section 41 even stipulates that collective agreements follow the same principles as individual
agreements). The Committee notes that the Government recognizes the need to improve the legislation, as Georgia does
not have a collective agreement tradition and there are not too many collective agreements concluded in practice.
Considering that the provisions of the new Labour Code do not promote collective bargaining as called for by Article 4
of the Convention, the Committee requests the Government to take the necessary measures, either by amending the
Labour Code or by adopting specific legislation on collective bargaining, so as to promote collective bargaining and to
ensure the regulation by legislative means of the right of employers’ and workers’ organizations to bargain collectively
in full conformity with Article 4 of the Convention. The Committee requests the Government to keep it informed of the
measures taken or envisaged in this respect.
The Committee notes the Government’s indication that the Ministry of Labour, Health and Social Affairs has
prepared draft amendments to the Labour Code so as to bring it into closer conformity with international labour standards;
the draft amendments shall be submitted to the Parliament pursuant to the procedure provided for in the national
legislation. The Committee hopes that all legislative modifications requested above will be reflected in the draft
amendments to the Labour Code and requests the Government to keep it informed of the developments in this regard.
The Committee recalls that the technical assistance of the Office is at its disposal.