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.
Parties to a Collective Dispute and the Start of Mediation (Article 63)
Article 63 defines a collective dispute as a dispute between an employer and a group of employees (no fewer than 20 employees) or between an employer and an association of employees. Such a dispute must be resolved through conciliation procedures, which means holding direct negotiations or mediation — where a party sends a corresponding written notice to the Minister. The notice must precisely indicate the ground for the origin of the dispute and the party’s demands. At any stage of the negotiations, a party may send the Minister a written notice for the purpose of starting mediation and appointing a dispute mediator; upon receipt of such notice, the Minister appoints the mediator in accordance with the rules approved by a normative act of the Government.
Where a high public interest exists, the Minister may appoint a dispute mediator on his or her own initiative, without a written request from a party. The parties are obliged to take part in the conciliation procedures and to attend the meetings held by the mediator; at the Minister’s request, the mediator sends the Minister a report on the dispute. At any stage of the dispute, the parties may agree to refer the dispute to arbitration, while the mediator is obliged not to disclose information or documents that became known to him or her in that role.
Strike and Lockout Against the Background of Mediation (Article 64)
Article 64 lays down the forms of protest: a strike is an employee’s temporary voluntary refusal, wholly or partly, to perform obligations under the employment contract, and a lockout is the employer’s analogous refusal. During a collective dispute, the right to strike or to lockout arises as soon as 21 calendar days pass after the written notice is sent to the Minister or after the Minister appoints a mediator on his or her own initiative. Before commencing a strike or lockout, the parties notify each other and the Minister in writing — no later than 3 calendar days in advance — of its time, place, character and the number of participants. During a strike or lockout the parties must continue the conciliation procedures. A lockout may not continue for more than 90 calendar days; during that period the employer is not obliged to pay the employee remuneration, yet neither a strike nor a lockout is a ground for terminating the employment relationship.
Frequently Asked Questions
Below we have collected the most frequent questions about the mediation of collective labour disputes.
How many employees are needed for a collective dispute?
Under Article 63, a collective dispute is a dispute between an employer and a group comprising no fewer than 20 employees, or between an employer and an association of employees.
Who appoints the mediator in a collective dispute?
To start mediation, a party applies to the Minister in writing; on the basis of that notice the Minister appoints a mediator under the approved rules. Where a high public interest exists, the Minister may also appoint a mediator on his or her own initiative.
When may the parties commence a strike or a lockout?
The right to strike or lockout arises as soon as 21 calendar days pass from the notice to the Minister or from the appointment of a mediator on the Minister’s initiative; written notice of the start is given no later than 3 calendar days in advance.
How is an agreement reached through mediation enforced?
Under Article 69, a party to a collective labour dispute may apply to the court for the purpose of enforcing the agreement reached through mediation; the court refuses enforcement only where the agreement contradicts the legislation or public order of Georgia, or where its enforcement is impossible.
How We Help on Legal.ge
The advocates of Legal.ge work both with employers and with groups and associations of employees: we draft written notices of the origin of a dispute, formulate demands, build the procedural calendar taking into account the deadlines that precede a strike and a lockout, and represent your interests at every stage of the mediation. Contact our team — we will assess your situation and help you achieve a lawful and effective resolution of the collective dispute.