The Legal Frame of Union Relations
Relations with trade unions in Georgia are written into four norms: freedom of association, the ban on discrimination by membership, the ban on interference in each other's activities, and the information and consultation interface in organizations of 50+. The United States debates around union security and right-to-work have a different context here — the Georgian frame rests on freedom of association and two protective shields.
For an employer these four norms mean four practical rules: do not obstruct the association, do not differentiate by membership, do not interfere in its activity, and — in organizations of 50+ — run information and consultation with the representatives.
Freedom of Association
An employee and an employer have the right, without prior permission, to create an association or to become a member of another one. An association may adopt its own charter and regulations, create governing bodies, elect representatives and conduct its activity. An association may create and join a federation or confederation, and those may join international associations. For the employer this norm sets a boundary: creating an association requires no permission whatsoever.
The Ban on Membership Discrimination
Discrimination against an employee on the ground of membership of an association or participation in its activity is prohibited, as is any action aimed at making the employee's hiring or retention conditional on refusing membership or leaving the association, or at terminating the employment relationship or otherwise harassing the employee because of membership. Participation in the association's activity during working hours is possible by agreement with the employer. In practical terms the norm touches every HR decision: hiring, incentive, transfer, termination.
The Ban on Interference and the Information Interface
Any interference by the employers' association and the employees' association, their members and representatives, in each other's activities is prohibited. Interference means any action aimed at hindering the association's activity by financial or other means in order to exercise control over it. The norm is two-sided: neither the employer's side nor the association's side is excepted.
The fourth norm is constructive: in an enterprise regularly employing at least 50 employees, the employer must ensure the provision of information and the holding of consultation; the right is exercised through a representative — a representative of the association or an elected authorized representative. Representatives are elected for a fixed term by simple majority; with 50 to 100 employees — at least 3, above 100 — additionally 1 per every 100; upon the demand of at least 10 percent of employees, the employer must enable the election.
Together the four norms create the boundaries within which a lawful relationship begins: the association is born without permission, its membership can never become an argument in HR decisions, influence over its activity for the sake of control is prohibited, and in organizations of 50+ the cycle of information and consultation with the representatives establishes a standing dialogue. Where a boundary is breached, each has its own protective machinery — from the consideration of a dispute on grounds of discrimination to judicial control.
The practical recommendation is two-sided. For the employer — document HR decisions with motives that rest on nothing but the work; for the association — the precision of its charter-based frame. Both sides lean on the same norms, and it is precisely for that reason that the lawfulness of the relationship begins with transparent rules.
Two details complete this interface. In an enterprise with more than one association and with elected representatives as well, the representatives for joint consultation are determined in proportion to the number of members each represents — with at least one authorized representative for each. And where both an association representative and an elected representative exist, the employer, where necessary, carries out measures so that the existence of the elected representative does not weaken the association's position and so that cooperation between them is encouraged on every relevant matter. In documentary terms this means: the minutes of the election, the calculation of the number of representatives and the record of the consultations — three documents that confirm the legality of the interface.
Frequently Asked Questions
Below we summarize the questions most often asked about union relations.
Does an association need permission?
No — it is created without prior permission and governs its own activity.
Can an employee be dismissed for membership?
No — discrimination on the ground of membership or participation is prohibited in every form.
May influence be exercised through financing?
No — influencing the activity by financial or other means for control is deemed interference and is prohibited.
When does consultation become mandatory?
In an enterprise with at least 50 employees — through representatives.
How are representatives distributed among several associations?
In proportion to the number of members each represents, with at least one authorized representative for each association.
How We Help on Legal.ge
On Legal.ge we build a lawful model of union relations: we audit HR decisions against the discrimination ban, install the information and consultation cycle, and draft the rules of the relationship. Contact us — the relationship will become transparent for both sides.