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.
Unlawfulness and the Enforcement of the Agreement
Where one of the parties evaded the conciliation procedures and organized a strike or lockout, it will be declared unlawful. The decision on declaring a strike or lockout unlawful is rendered by the court; the decision is communicated to the parties immediately and is enforced immediately. In a state of emergency or martial law the rights of strike and lockout may be restricted by decree of the President, and the decree requires the countersignature of the Prime Minister.
An agreement reached through mediation is enforced through the court: a party to the dispute may apply to the court for enforcement, and the rules of the Civil Procedure Code apply. The court refuses enforcement only where the content of the agreement contradicts the legislation or public order, or where its performance is impossible.
The time map of the procedure is built on four points: the written notice of the start of the dispute, the mediation notice to the Minister, the wait of 21 calendar days, and written notice at least 3 calendar days before the strike or lockout begins. Breaching this map is itself a sign of unlawfulness: a strike or lockout organized by an evading party will be declared unlawful. In parallel, referral to arbitration is possible at any stage — by agreement of the parties — and that outlet is used where negotiations reach a dead end, when the parties’ positions are already fixed and mediation yields no result.
Frequently Asked Questions
Below we summarize the questions most often asked about collective dispute resolution.
When does the right to strike arise?
As soon as 21 calendar days pass from the written mediation notice to the Minister or from the Minister’s appointment of a mediator.
How long may a lockout last?
Not more than 90 calendar days — that boundary is set by law.
Is remuneration paid during a strike?
No — during a strike or lockout the employer is not obliged to pay remuneration.
How is a mediation agreement enforced?
Through the court, under civil-procedure rules; the court refuses only on illegality or impossibility.
Who may not participate in a strike?
Persons defined by Georgian legislation — for them the right to participate in a strike does not arise. For everyone else a strike or lockout remains a temporary refusal and not a ground for terminating the employment relationship.
How We Help on Legal.ge
On Legal.ge we conduct collective disputes for both sides: we draft notices, structure the negotiating mandate, count the strike and lockout deadlines, and give the mediation agreement an enforceable form. Contact us — the dispute will be set on its lawful track.