Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1 of the Convention. Protection against anti-union discrimination. In its previous comments, the Committee had noted the observations of the Georgian Trade Union Confederation (GTUC) alleging that the frequent non-renewal of short-term contracts of employment for anti-union purposes 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, and had requested the Government to specify whether the Labour Code provisions prohibiting anti-union discrimination are applicable to short-term contracts. The Committee notes with interest that the Government indicates that section 2(3) of the Labour Code which prohibits discrimination equally applies to all types of contract. The Committee requests the Government to provide information on cases of non-renewal of short-term contracts for reasons of anti-union discrimination where section 2(3) of the Labour Code has been invoked.

Article 4. Promotion of collective bargaining. The Committee previously requested the Government to review section 48(5) of the Labour Code related to discussion and resolution of collective labour disputes which provides that, at any stage of a dispute, the Minister can terminate conciliatory procedures. The Committee notes the Government’s information that consultation with state institutions and social partners on the feasibility of amendments to section 48(5) of the Labour Code has started and that the result of the consultations will be submitted to the Tripartite Social Partnership Commission for decision. The Committee expects that the Government will pursue its efforts in consultation with the representatives of employers’ and workers’ organizations concerned so as to ensure that the content of section 48(5) of the Labour Code promotes the negotiated resolution of collective labour disputes, and requests the Government to supply information on all progress made thereon.