Union recognition and relations form a fundamental legal issue defining the cooperation format between an employer and an employee association. In Georgia, freedom of association is a constitutional right, meaning employees can form or join a trade union at any time. It is crucial for employers to understand their obligations: how to legitimize a union, how to process membership dues (the "Check-off system"), and how to ensure union representatives have access to the workplace without disrupting business processes. A correct legal approach ensures stable labor relations and eliminates accusations of discrimination.
What Does the Union Recognition Service Cover?
Lawyers on Legal.ge offer full legal support in establishing institutional relations with trade unions:
- Legitimacy Verification: Checking union registration documents and membership numbers (in compliance with privacy laws) to establish their representative authority.
- Memorandum of Cooperation: Drafting a document defining communication rules, meeting frequency, and information exchange formats between the union and administration.
- Administration of Membership Dues: Legal advice on deducting and transferring union dues from salaries (based on written employee consent).
- Protection of Union Leaders: Consulting on immunity and guarantees granted by law to employee representatives (e.g., protection against dismissal).
- Access to Premises: Developing regulations for union representatives entering company territory and meeting with members.
Common Real-World Scenarios
Legal regulation is needed when:
- Formation of a New Union: An initiative group is formed within the company and demands recognition.
- Discrimination Allegations: Union members claim they are not promoted or are harassed due to their membership.
- Rival Unions: When two or more unions operate within an organization, determining who has the right to collective bargaining.
- Information Requests: The union requests financial or personal information about the company.
Georgian Legislation and Legal Framework
Trade union activities are regulated by Article 26 of the Constitution of Georgia, the Organic Law "Labor Code" (Chapter XI - Freedom of Association), and the Law "On Trade Unions". Georgia is also a signatory to ILO Conventions No. 87 and No. 98, which protect freedom of association and the right to collective bargaining.
Legislation prohibits employer interference in union activities, as well as discrimination based on union membership (Labor Code Article 40^2). Employers are obliged to facilitate employee associations and provide appropriate conditions for exercising their rights, although this does not mean allowing the paralysis of business processes.
Step-by-Step Process with a Specialist
Formalizing relations involves:
- Audit: Assessing the current situation (are employees unionized, are dues being paid).
- Regulation: Creating internal policies defining relations with unions.
- Management Training: Preparing mid-level managers to ensure they do not inadvertently violate union rights (leading to disputes).
- Ongoing Consultation: Legal monitoring of current issues (e.g., transfer of dues).
Why Choose a Specialist on Legal.ge?
Incorrect handling of unions can lead to severe legal and reputational consequences. Employers often make the mistake of trying to hinder unionization, which is illegal. Specialists on Legal.ge will help you build a civilized, partnership-based relationship with unions, comply with legal requirements, and simultaneously maintain managerial control over the organization.
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