Collective Dispute and Conciliation Procedures
Under the Labour Code, a collective dispute — a dispute between an employer and a group of employees (at least 20 employees) or between an employer and an association of employees — must be resolved through conciliation procedures: direct negotiations or mediation, where one of the parties sends a respective written notice to the minister. A party sends the other party a notice indicating precisely the ground of origin of the dispute and its demands; at any stage of the negotiations the appointment of a mediator may be requested. The mediator is appointed by the minister, who in the case of a high public interest may act on his or her own initiative without an application by a party. The parties are obliged to participate in the procedures, and at any stage of the dispute it may be referred to arbitration; the mediator must not disclose information that became known to him or her in that capacity. The conciliation stage is thus the mandatory gateway through which every collective labour dispute must pass before more confrontational instruments become available.
The Legal Regime of Strike and Lockout
A strike is the temporary voluntary refusal of an employee, in the case of a dispute, to perform fully or partly the obligations under the employment contract, and a lockout is the analogous refusal of the employer. The right to strike or lockout arises upon the expiry of 21 calendar days from the sending of the written notice to the minister or from the appointment of the mediator by the minister. No later than 3 calendar days before commencement the parties notify each other and the minister in writing of the time, place, nature and number of participants. During a strike or lockout the conciliation procedures continue, the employer is not obliged to pay remuneration for this period, and a lockout may not last more than 90 calendar days. A strike or lockout is not a ground for the termination of the employment relationship. These rules give both instruments a clearly bounded field: the pressure is lawful only within the corridor of completed procedures and observed deadlines.
Postponement, Essential Services and Illegality
Where a threat is posed to human life and health, the safety of the natural environment or the activity of a vitally important service, the court has the right, once, to postpone the commencement of a strike or lockout, or to suspend one that has begun, for no more than 30 days. Employees of vitally important services cannot use the right to strike to its full extent: they may strike only on condition of ensuring minimal service, the scope of which the minister determines after consultation with social partners. Under a state of emergency or martial law the right to strike or lockout may be restricted by decree of the President. A strike or lockout is declared unlawful where one of the parties evaded participation in the conciliation procedures and nevertheless arranged it; the decision on illegality is delivered by the court and is enforced immediately. The path from a lawful strike to an unlawful one is thus short, and every procedural step must be documented in advance.
Guarantees for Employees
The Code grants employees significant guarantees. Participation in a strike may not be deemed a violation of labour discipline and may not become a ground for terminating the employment contract, except in the case of an unlawful strike. Where a court has declared a lockout unlawful, the employer is obliged to restore the employment relationship and to compensate the missed working hours. An employee who did not participate in the strike but could not perform work because of it may, by agreement, be transferred by the employer to other work or be compensated for the suspension period at the hourly rate of remuneration. These guarantees balance the economic pressure of the collective dispute and preserve the employment relationship even at its most acute stage.
Frequently Asked Questions
When does the right to strike arise?
Upon the expiry of 21 calendar days from the written notice to the minister or from the minister's appointment of the mediator.
How long may a lockout last?
No more than 90 calendar days; remuneration is not paid for the period of the strike or lockout.
When is a strike unlawful?
Where the party evaded the conciliation procedures; illegality is established by the court and the decision is enforced immediately.
Can dismissal follow from a strike?
No — participation in a strike is not a disciplinary violation and cannot ground termination, except in the case of an unlawful strike.
How We Help on Legal.ge
Strike management is a field full of deadlines and procedures where a single mistake leads to a declaration of unlawfulness. Our team will help you issue the notices, organize the mediation and conduct the court dispute. Contact Legal.ge and we will defend your interests at every stage of the collective dispute.