LegalGELegalGE
...

Strike Management

Is mediation mandatory before a strike in Georgia?

Yes, initiating a strike without going through the official Ministry-led mediation process renders the strike illegal, which can lead to dismissals.

Can employees block the entrance to the office during a strike?

No. While employees can refuse to work, they cannot physically block access to the premises, sabotage equipment, or prevent non-striking employees from working.

Are there any jobs that cannot strike?

Yes, the law restricts strikes in essential services (e.g., healthcare, emergency services, energy supply) where stopping work endangers life or safety.

What is the notice period for a strike?

After mediation fails, the trade union or strike committee must give the employer at least 3 days' written notice (24 hours in some specific cases) before walking out.

Reading Time

3 min

Published

...

Strike management and collective labor disputes represent one of the most complex and critical areas of employment law, directly impacting business continuity and social stability. In Georgia, the right to strike is constitutionally guaranteed, but its realization is confined within a strict legal framework. A strike is not a spontaneous process; it is an extreme form of collective dispute that must be preceded by mandatory mediation procedures. It is vital for employers to know how to manage this crisis situation legally to avoid illegal strikes, financial losses, and reputational risks. Conversely, employee unions need legal support to ensure their protest is legitimate and effective.

What Does the Strike Management Service Cover?

Specialists registered on the Legal.ge platform offer comprehensive legal services regarding collective dispute management:

  • Assessment of Strike Legality: Analyzing whether legal procedures (notice periods, mediation phase) have been followed and if the strike has a legitimate basis.
  • Representation in Mandatory Mediation: Protecting interests during negotiations with the mediator appointed by the Ministry of Health, which is a mandatory prerequisite for starting a strike.
  • Determination of Minimum Services: Negotiating which operations must not be suspended during the strike to protect safety and technological processes (Essential Services).
  • Lockout Management: Implementing employer rights, taking responsive measures, and legally formalizing the temporary suspension of operations.
  • Drafting Agreements: Preparing a collective agreement or settlement act that ends the strike and defines new working conditions.

Common Real-World Scenarios

Legal intervention is necessary during the following scenarios:

  • Illegal Strike: When employees stop working without following warning notice and mediation procedures (so-called Wildcat Strikes).
  • Demand for Pay Rise: When a trade union demands wage indexation and threatens to stop the production line.
  • Change in Working Conditions: Disputes regarding new schedules, safety norms, or changes to insurance packages.
  • Solidarity Strike: When employees strike to support colleagues from another enterprise (which is also regulated by law).

Georgian Legislation and Legal Framework

The right to strike and its regulation are outlined in the Constitution of Georgia and the Organic Law of Georgia "Labor Code of Georgia" (Chapter XII). Legislation clearly separates individual and collective disputes. In a collective dispute, before the right to strike arises, the parties must go through conciliation procedures.

According to the Labor Code, at least 21 days before the start of a strike, the parties must notify the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs of Georgia, which appoints a mediator. Only if mediation concludes without results does the right to strike arise. The law also defines sectors (e.g., energy, healthcare) where strikes are restricted or prohibited if they pose a threat to human life and health.

Step-by-Step Process with a Specialist

A qualified lawyer manages the process according to the following stages:

  1. Notice Analysis: Verifying the validity of the strike notice received.
  2. Mediation Process: Active participation in meetings with the state mediator, developing compromise options.
  3. Crisis Management: If a strike begins, implementing safety measures and monitoring legality (e.g., preventing illegal blocking of premises by strikers).
  4. Court Dispute: If necessary, applying to the court to declare the strike illegal or to postpone it.

Why Choose a Specialist on Legal.ge?

Managing strikes requires not only knowledge of the law but also high negotiation skills and crisis management abilities. An improperly managed process can lead to business paralysis or mass illegal dismissals, which subsequently become the subject of multi-year court disputes. Legal.ge specialists will help you manage this complex process in a civilized manner, within the legal framework, and with minimal losses.

Updated: ...

Specialists for this service

Loading...