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.