Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Georgia (Ratification: 1993)

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes the Georgian Trade Unions Confederation (GTUC) observations alleging the frequent non-renewal of short-term contracts of employment for anti-union purposes and mentioning that such a practice is eased by the absence in the Labour Code of a provision that would oblige the employer to justify the non-renewal of short-term contracts. Recalling that Article 1 of the Convention applies to the non-renewal of contracts for anti-union purposes, the Committee asks the Government to specify whether the Labour Code provisions prohibiting anti-union discrimination are applicable to short-term contracts.

Article 4. Promotion of collective bargaining. The Committee notes that section 48(5) of the amended Labour Code related to discussion and resolution of collective labour disputes provides that at any stage of a dispute, the Minister can terminate conciliatory procedures. Recalling that procedures for the settlement of labour disputes should be so conceived as to contribute to the promotion of collective bargaining, the Committee considers that the parties should be able to pursue conciliation if they so desire. The Committee requests the Government to review section 48(5) of the Labour Code in consultation with the representative employers’ and workers’ organizations concerned so as to ensure that its content promotes the negotiated resolution of collective labour disputes. The Committee requests the Government to keep it informed of the outcome of this review.