Negotiations on a collective agreement in Georgia are entirely framed by statute: who the parties are, who represents the employees, in what form the agreement is concluded and what information the employer must supply — all of this has been determined by Articles 55, 56, 57 and 71 of the Labour Code. Foreign models of bargaining-unit elections and exclusive representation do not exist in the Georgian system — representation flows from Article 56.
The parties and the start of negotiations
Under Article 55 of the Code, a collective agreement is concluded between one or more employers or associations of employers and one or more associations of employees. The agreement determines working conditions and regulates the relations of the parties; the conditions themselves are determined by the parties. The decisive norm concerns initiative: where one of the parties submits an initiative to conclude the agreement, the parties are obliged to conduct negotiations in good faith. During the negotiation process the parties supply each other with information on the matters concerned; the right exists not to transmit confidential information, and where it is supplied — to demand that its confidentiality be protected. Interference by state or municipal bodies in the conclusion process is inadmissible — an agreement concluded through their interference is void.
Representation
Article 56 of the Code establishes the rules of representation: for the purposes of concluding or terminating the agreement, amending its conditions or protecting rights, the association of employees acts through a representative. Representation is confirmed by the procedure determined by the respective association, and the representative may be any capable natural person. The representative acts only in the interests of the employees who conferred the right of representation upon that person. The practical significance of this norm is simple: who sits at the negotiating table and on whose behalf they speak must be confirmed, not presumed.
The form and content of the agreement
Article 57 of the Code regulates the execution of the agreement reached: a collective agreement is concluded only in written form, for a fixed or an indefinite term. A fixed-term agreement must provide for the dates of entry into force and expiry; an indefinite-term agreement must contain provisions on revision, amendment and termination. The subjects must be defined precisely in the agreement. Where the agreement is concluded with an association in which more than 50 percent of the employees working at the relevant enterprise are members, another employee may become a party by written demand, and the employer is obliged to satisfy the demand within 30 calendar days.
The information foundation
The foundation of the negotiations is the informational duty of Article 71: the employer is obliged to supply employee representatives with information on the activity and economic situation of the enterprise, on the structure of employment and planned measures. The information must be provided in writing, no later than 30 days before the decision is taken, with content that gives the representatives the opportunity to prepare for consultation. In the context of negotiations this means that bargaining can be conducted only on the basis of a complete informational picture.
The practical planning of the negotiations unfolds in stages. At the first stage the circle of parties and the authority of the representatives are established — the procedure by which the association confirms its representative is documented. At the second stage information is exchanged: the employer supplies the foundational material in writing and the association its demands; the conditions of confidentiality are fixed in advance. At the third stage the draft of the agreement is written — in written form, with the mandatory clauses corresponding to the type of term and a precise definition of the subjects. Finally, the accession mechanism is settled: where the association unites more than 50 percent of the employees of the enterprise, a response mechanism within 30 calendar days must be ready for the demands of other employees.
Observing this list of tasks gives the negotiations procedural firmness: the trace of each stage — confirmed representation, exchanged information, dated drafts — later becomes precisely the evidence that the parties performed their obligation in good faith.
Frequently asked questions
Below are the questions most frequently raised about collective agreement negotiations.
Frequently Asked Questions
Who may be a party to the negotiations?
One or several employers or their association on one side, and one or several associations of employees on the other.
Who represents the association?
A representative — any capable natural person whose authority is confirmed by the procedure of the association.
How is the agreement concluded?
Only in writing; for a fixed term — with dates, for an indefinite term — with clauses on revision, amendment and termination.
Can another employee join the agreement?
Yes — where the association includes more than 50 percent of the enterprise's employees, another employee joins by written demand and the employer must answer within 30 calendar days.
How We Help on Legal.ge
The specialists of Legal.ge assist in preparing and conducting negotiations on a collective agreement in accordance with Articles 55, 56, 57 and 71 of the Labour Code: we establish the circle of parties and representatives, prepare the informational foundation and draft the agreement in compliance with the statutory rules of form and content. Submit a request on this page — let us begin preparing your negotiations.