Union Dispute Resolution

Resolving collective labor disputes with unions is a delicate process aiming to prevent conflict escalation and foster constructive dialogue between parties. Unlike individual disputes concerning a single employee's rights, a collective dispute involves the interests of a group of employees or the entire workforce (wages, schedules, bonuses). In Georgia, such disputes often escalate into strikes if legal intervention and negotiation do not occur in a timely manner. The primary goal of this service is to resolve the dispute through legal mechanisms — mediation, arbitration, or direct negotiation — before it leads to production stoppages.

What Does the Union Dispute Resolution Service Cover?

Specialists on Legal.ge work with both employers and trade union organizations to ensure process fairness:

• Managing Conciliation Procedures: Conducting mandatory direct negotiations between parties at any stage of the dispute.
• Drafting and Reviewing Collective Agreements: Preparing draft documents that regulate the rights and obligations of parties and mitigate future risks.
• Representation in Mediation: Protecting interests and developing compromise proposals during meetings involving state or private mediators.
• Arbitration Proceedings: Resolving disputes through arbitration (if parties agree), which is faster and more confidential than court litigation.
• Consultation on Union Rights: Advising on which demands are legitimate and where the boundaries of employer obligations lie.

Common Real-World Scenarios

Collective disputes may arise in the following cases:

• Introduction of New Shifts: When an employer unilaterally changes the work schedule, causing workforce dissatisfaction.
• Cancellation of Bonus Systems: Disputes over changes to financial incentive schemes.
• Mass Redundancy: Protecting the interests of a group of employees during reorganization and negotiating compensation.
• Safety Standards: Employee demands for improvements in the working environment.

Georgian Legislation and Legal Framework

Regulation of collective disputes is outlined in Chapter XII of the Labor Code of Georgia. The law obliges parties to attempt reconciliation at any stage of the dispute. Mediation plays a special role in collective disputes. According to the Labor Code, a party must send a written notice to the other party regarding the initiation of a dispute, after which conciliation procedures begin.

Additionally, the Law on Mediation defines the role of the mediator and the confidentiality of the process. It is important to note that a Collective Agreement (Articles 41-43 of the Labor Code) is the primary instrument for maintaining peace, as violation of its terms leads to legal liability.

Step-by-Step Process with a Specialist

The process typically includes the following steps:

1. Dispute Identification: Legal analysis of problematic issues (determining if it is a collective dispute).
2. Exchange of Notices: Initiating official written communication.
3. Negotiation Table: Meetings between parties accompanied by lawyers.
4. Inviting a Mediator: Involving a third neutral party if direct negotiations fail.
5. Signing Agreement: Reflecting the results in a legal document.

Why Choose a Specialist on Legal.ge?

Disputes with unions require diplomacy and deep knowledge of labor law. Emotional tension and poor communication can lead to a deadlock. Legal.ge specialists act as rational mediators, helping you find common ground and reach an agreement that is acceptable and legal for both parties.