Lockout procedures and related advisory work in Georgia are fully codified in the Labour Code — specifically in Articles 64, 65, 67 and 68. A lockout is the employer's temporary voluntary refusal, in a case of dispute, to perform in whole or in part the obligations provided by the employment contract, and every procedural condition of it — deadlines, notices, the duration cap and the consequences — is fixed by law. The permanent-replacement models of foreign labour law do not operate in the Georgian system: here the lockout is a strictly temporary instrument that does not constitute a ground for termination of the employment relationship.
The birth of the lockout right and the notice rules
During a collective dispute the right to lockout arises as soon as 21 calendar days have passed from the sending of a written notice to the Minister under the procedure established by the law, or from the appointment of a dispute mediator by the Minister on the Minister's own initiative. Before commencing a lockout the parties to the collective dispute must notify each other and the Minister in writing no later than 3 calendar days in advance of the time, place and character of the lockout and information on the number of persons participating. During a strike or lockout the parties are obliged to continue the conciliation procedures — this duty does not lapse for the duration of the measure. At the advisory level this means every stage of a lockout must be documented: the notice sent to the Minister, the notification of the parties and the fact that negotiations continued.
The duration cap and the question of pay
The law resolves the duration of a lockout with a clear limit: a lockout may not continue for more than 90 calendar days. At the same time, during a strike or lockout the employer is not obliged to pay the employee remuneration — this default rule covers even the period when the employee is ready to perform the obligations but the employer refuses to accept performance. The most significant guarantee, however, is the following: a strike or lockout is not a ground for termination of the employment relationship — after the lockout ends the relationship remains in force, and dismissal of the employee is possible only on other grounds permitted by law.
Judicial intervention: postponement and suspension
Article 65 of the Code regulates a special case of judicial intervention: where a threat is posed to human life and health, to the safety of the natural environment, or to the operation of a vitally important service, the court has the right, once, to postpone the commencement of a lockout for up to 30 days, or to suspend a lockout that has begun for the same period. This norm is a mandatory element of risk assessment when planning a lockout: if the enterprise's activity concerns a vitally important sphere, the possibility of judicial postponement must be assessed before the procedure is launched.
The unlawful lockout and employee guarantees
Article 67 of the Code names two sources of unlawfulness. The first — during a state of emergency or martial law the right to lockout may be restricted by decree of the President of Georgia, which requires the countersignature of the Prime Minister. The second — where one of the parties evaded participation in the conciliation procedures and organised a lockout, such a lockout will be declared unlawful. The court issues a decision on declaring a lockout unlawful; that decision is communicated to the parties immediately and is enforced immediately.
Employee guarantees are established by Article 68. The participation of an employee in a strike may not be deemed a breach of labour discipline and may not become a ground for termination of the employment contract, except in the case of an unlawful strike. If the court declared the lockout unlawful, the employer is obliged to restore the employment relationship with the employees and to reimburse them for the missed working hours. The situation of employees who did not participate in the strike but were unable to perform work because of it is regulated separately: by agreement of the parties the employer may transfer them to other work or reimburse the suspension period at the hourly rate of remuneration.
Frequently Asked Questions
Below are the questions most frequently raised about lockout procedures.
When may a lockout begin?
As soon as 21 calendar days have passed from the written notice to the Minister or from the appointment of a mediator, with advance written notification no later than 3 calendar days beforehand.
How long may a lockout last?
No more than 90 calendar days; at the same time the court may postpone its commencement or suspend a begun lockout for up to 30 days.
Is a lockout a ground for dismissal?
No — a strike or lockout is not a ground for termination of the employment relationship; a lockout declared unlawful is followed by reinstatement and reimbursement of missed hours.
Must wages be paid during a lockout?
No — during a strike or lockout the employer is not obliged to pay the employee remuneration.
How We Help on Legal.ge
The specialists of Legal.ge assist in planning and conducting lockout procedures in accordance with Articles 64, 65, 67 and 68 of the Labour Code: we prepare the notices to the Minister and to the parties, assess the deadlines and the risks of judicial intervention, and protect employee guarantees. Submit a request on this page and receive a concrete plan for your situation.