Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Georgia (Ratification: 1999)

The Committee notes the Government’s report as well as its reply to the 2005 and 2006 comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation).

It further notes the comments of the ITUC and of the Georgian Trade Union Confederation (GTUC) dated 28 and 31 August 2007, respectively, referring to the issues previously raised by the ICFTU and the Committee.

Labour Code (2006). The Committee had previously noted the adoption in 2006 of the new Labour Code. In this respect, the Committee had noted that while the new Labour Code repealed the Law on collective contracts and agreements and the Law on collective labour disputes, it did not regulate all aspects of freedom of association and that it appeared that by repealing the abovementioned legislation, there were numerous aspects of freedom of association that would not be sufficiently protected in law. The Committee had asked the Government to indicate whether it intended to adopt additional legislation to this end. The Committee notes the Government’s indication that Chapter X of the Labour Code regulates the matters in connection with collective agreements and Chapter XII – labour disputes. It further notes the Government’s statement that the Constitution and the Law on trade unions provide for protection of trade union rights. The Committee also notes the Government’s indication that the Ministry of Labour, Health and Social Affairs has prepared draft amendments to the Labour Code so as to bring it into closer conformity with international labour standards. The draft amendments shall be submitted to Parliament pursuant to the procedure provided for in the national legislation. The Committee requests the Government to keep it informed of the developments in this regard.

Law on trade unions. The Committee had previously requested the Government to amend section 2(9) of the Law on trade unions so as to lower the minimum trade union membership requirement set at 100. The Committee notes the Government’s indication that this requirement concerns establishment of trade union confederations (associations) and that the legislation does not provide for a minimum membership requirement for establishing a trade union, while 15 members are required to establish a primary trade union. While noting the Government’s statement, the Committee notes that section 2(9) of the Law on trade unions refers expressly to “trade union” and not to “confederation of trade unions”, while section 3(9) refers to the “primary trade union” and to the minimum requirement of 15 members. The Committee therefore once again requests the Government to take the necessary measures to amend section 2(9) so as to lower the minimum trade union membership requirement and to ensure that the right to organize is effectively guaranteed. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

Furthermore, the Committee had asked the Government to indicate whether federations of trade unions may call a strike action in defence of their members’ interests. The Committee notes the Government’s indication that the legislation does not limit the right to strike of trade union confederations (associations).

Finally, the Committee recalls that it had previously noted the ICFTU’s comments with regard to the dispute over trade union property and urged the Government to engage in consultations with trade union organizations in order to settle the question of the assignment of property. The Committee notes the Government’s statement that the property dispute, previously referred to by the ICFTU, had been resolved.

With regard to the specific provisions of the Labour Code, the Committee is addressing a request directly to the Government.