Resolving a Collective Labour Dispute
The resolution of a collective labour dispute in Georgia is a single statutory pipeline: conciliation procedures and mediation, the rise of strike and lockout rights, judicial control of unlawfulness, and the enforcement of the mediation agreement. Special labour tribunals of the foreign type do not exist here — escalation runs through minister-appointed mediation, a strike or lockout, and a court decision.
The definition is in the law itself: a collective dispute is a dispute between an employer and a group of employees — at least 20 employees — or between an employer and an association of employees. These two forms determine the trajectory of resolution.
Conciliation Procedures and Mediation
A collective dispute is resolved by direct negotiations or by mediation — where one party sends the relevant written notice to the Minister. One party sends the other written notice of the start of the dispute with the precise basis and demands; at any stage of negotiations a party may send the Minister a notice to begin mediation with the appointment of a dispute mediator — that notice is conveyed to the other party the same day. On the basis of the notice the Minister appoints a mediator under the established procedure; where a high public interest exists, the Minister may appoint one on its own initiative; and at any stage of the dispute the Minister may also decide to terminate the conciliation procedures. The parties must participate in the procedures and attend the mediator’s meetings; upon the Minister’s request the mediator must send a report on the dispute; and the mediator must not disclose information that became known in that capacity.
Strike and Lockout
A strike is the temporary voluntary refusal of employees to perform obligations under the employment contract in a dispute, in whole or in part; a lockout is the employer’s analogous refusal. Persons defined by Georgian legislation have no right to participate in a strike. The right to strike or lock out arises as soon as 21 calendar days pass from the written notice to the Minister on mediation or from the Minister’s appointment of a mediator. Before beginning, no later than 3 calendar days, the parties notify each other and the Minister in writing of the time, place, character and the number of participants. During a strike or lockout the parties must continue the conciliation procedures; a lockout may not last more than 90 calendar days; remuneration is not paid during that period; and a strike or lockout is not a ground for terminating the employment relationship.