The analysis of a collective employment agreement in Georgia is built around three legal axes: the rules of form and term established by Article 57 of the Labour Code; the substantive floor created by Article 1; and the price of a violation defined by Article 80. Foreign grievance-and-arbitration models do not operate in the Georgian system — the criteria for analysing a collective agreement are written entirely by the Georgian Labour Code.
The form and term audit
Article 57 of the Code determines the essential conditions of a collective agreement. The agreement is concluded only in written form — an oral arrangement cannot serve as the source of this institution. It is concluded for a fixed or an indefinite term: a fixed-term agreement must provide for the date of its entry into force and the date of its expiry, while an indefinite-term agreement must contain provisions on its revision, amendment and termination. The first test of an analysis is precisely this list: whether a written document exists, whether the dates are fixed, and whether an indefinite agreement contains the necessary clauses.
The same article determines the circle of subjects: the agreement must define its subjects precisely, and its obligations extend to the parties. A special rule resolves membership: where the agreement is concluded between the employer and one or more associations and the association includes more than 50 percent of the employees working at the relevant enterprise, another employee of the same enterprise has the right to become a party to the agreement by written demand, and the employer is obliged to satisfy that demand within 30 calendar days of its receipt. The provisions of the agreement are an integral part of the individual employment contracts of the employees covered by it — which in an analysis means that the collective conditions must be verified at the individual level as well.
The substantive floor
Article 1 of the Code contains the substantive test of the analysis: an employment contract may not define norms different from those provided by law that worsen the position of the employee. This floor operates at the collective level as well: a condition of a collective agreement that contravenes the law is void. The analyst's task is to compare every condition of the agreement with the statutory minimum and to reveal both directly contradictory and covertly worsening provisions.
The price of a violation
Article 80 of the Code assesses violations arising from collective employment relations: the refusal of the employer or the association to participate in conciliation procedures, or the non-performance of an agreement reached in a collective labour dispute — including one achieved through mediation — entails a warning or a fine under the procedure established by the first part of the article on fines of the Code. Repetition within one calendar year entails a fine in the double amount. The analysis is completed precisely by revealing these risks: every condition is assessed not only by its validity but also by the sanction that would be imposed if it could not be performed.
The result of the analysis is reflected in a conclusion document comprising three blocks. The first is formal: the fact of written form, the existence of dates or revision clauses, the precision of the circle of subjects. The second is substantive: the comparison of every condition with the statutory minimum — remuneration, working time, leave, disciplinary liability — and the identification of worsening provisions. The third is procedural: where a condition is void or unperformable, what sanction follows and which norm replaces the void provision. Such a structure turns the conclusion into a practical instrument — a worklist for the revision of the agreement.
Frequently asked questions
Below are the questions most frequently raised about collective agreement analysis.
Frequently Asked Questions
What is the first test of the analysis?
Form: the agreement is concluded only in writing; for a fixed term the dates are mandatory, and for an indefinite term — clauses on revision, amendment and termination.
May a condition be worse than the law?
No — under Article 1 a worsening norm is inadmissible, and under Article 57 a condition contravening the law is void.
What follows from non-performance of the agreement?
Under Article 80 — a warning or a fine under the procedure of the first part of the article on fines repetition within one year — a double fine.
Who is bound by the agreement?
An association of more than 50 percent of the employees binds the agreement, and another employee may join it by written demand — the employer must answer within 30 calendar days.
How We Help on Legal.ge
The specialists of Legal.ge conduct a full analysis of collective employment agreements on the basis of Articles 57, 1 and 80 of the Labour Code: we build the form-and-term audit, verify the conditions against the statutory minimum and assess performance risks. Submit a request on this page and receive a conclusion on the durability of your agreement.