Mediation of collective labour disputes in Georgia is not governed by the general Law on Mediation — it rests on the conciliation mechanism of the Labour Code itself. On this page we explain Articles 61, 63, 64 and 69 of the Labour Code: what a dispute is and how it arises, who the parties to a collective dispute are, how a mediator is appointed with the involvement of the Minister, when a strike or a lockout becomes possible, and how an agreement reached through mediation is enforced. If a group of employees and an employer are in conflict in your organisation, this material will help you see the procedure correctly.
The Concept of a Dispute and Its Origin (Article 61)
Under Article 61 of the Labour Code, a dispute is a disagreement arising during an employment relationship, the resolution of which falls within the lawful interests of the parties to the employment contract. A dispute arises when a party sends the other party a written notice about the disagreement. The grounds for a dispute may be a violation of human rights and freedoms provided for by the legislation, a breach of an individual employment contract, a collective agreement or working conditions, as well as a disagreement related to the essential terms of an individual or a collective agreement. Importantly, the examination of a dispute does not suspend the employment relationship — work continues in the usual regime, and a dispute arising during a collective employment relationship must be resolved through the conciliation procedures of Article 63 and/or by applying to a court or arbitration. An employee who is party to a collective agreement may, without restriction, individually defend his or her rights in connection with another specific issue.