Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Georgian Trade Unions Confederation (GTUC) received on 24 September 2024, which refer to matters raised by the Committee below.

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously requested the Government to provide information on the concrete application of the provisions amended in 2019 and 2020 in the Law on the Elimination of All Forms of Discrimination, the Law on the Public Defender as well as the Labour Code, including on the number of complaints of anti-union discrimination at the time of hiring and non-renewal of employment contracts, the fines imposed and their amounts. The Committee notes the Government’s indications regarding the number of alleged anti-union discrimination cases brought, respectively, to the district courts (2 cases), to the Office of the Public Defender (9 cases) and to the Labour Inspection Service (3 complaints). The Committee notes that one of these cases was related to recruitment while none of them were related to non-renewal of employment contracts. The Committee further notes that a fine of 3,000 Georgian lari (about US$1,100) was imposed on a company by the Labour Inspection Service following a dismissal related to trade union activities. The Committee finally notes that the Public Defender may only issue recommendations and general proposals, which are not mandatory, and does not have the authority to apply sanctions. The Committee requests the Government to keep providing information onthe practical application of the aforementioned provisions, including on the number of complaints of anti-union discrimination at the time of hiring and non-renewal of employment contracts, the fines imposed and their amounts as well as any other compensation implemented such as reinstatement.

Article 2. Interference by employers and their organizations in internal trade union affairs. The Committee previously requested the Government to provide information concerning any cases of alleged interference in trade union activities from employers and their organizations. The Committee notes the Government’s indication that: (i) according to the instructions of the Supreme Court of Georgia, no data is recorded in the statistical reporting forms for civil cases registration regarding article 54 of the Labour Code, which prohibits interference in the activities of employers’ and employees’ associations; and (ii) no cases were filed or considered by the district courts under article 166 of the Criminal Code, which provides liability for obstructing the establishment of a political, public or religious association or its activities. The Committee, emphasizing the importance of receiving information on judicial practice in order to assess the effective application of the Convention, requests the Government to keep providing information on any cases brought before the courts under article 166 of the Criminal Code and to take the necessary measures to provide the requested statistics regarding article 54 of the Labour Code.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to provide information on any progress made to establish a more functional and effective mechanism for resolution of collective labour disputes. In this regard, the Committee welcomes the adoption of Decree N301, which approved the Rule for Collective Dispute Review and Resolution through Conciliation, aimed at fulfilling the requirements of sections 61(6) and 63 of the Labour Code. The Committee notes however that pursuant to section 4(14) of the Rule, in accordance with section 63(5) of the Labour Code, the Minister has the right to terminate conciliatory proceedings at any stage, without regard to the opinion of the parties of the dispute. The Committee, emphasizing that the GTUC raises several concerns on this matter, recalls that it had previously requested the Government to ensure that the Labour Code promoted the negotiated resolution of collective labour disputes. The Committee notes the Government’s indications that no mediation proceedings have been terminated by the Minister since 2013, and that the latter’s decision to terminate may only be made on the basis of a report submitted by the mediator. Noting that section 7(4)(f) of the Rule provides that the report must be submitted at the Minister’s request, the Committee requests the Government to provide clarifications concerning the respective attributions of the mediator and the Minister in the course of the procedure for unilaterally terminating the conciliation proceedings.

Moreover, the Committee notes the information provided by the Government that: (i) 42 conciliation procedures took place during the reporting period, 14 of which ended with an agreement between the parties; (ii) a mediator was appointed for 2 collective disputes, which both resulted in an agreement; and (iii) 57 collective agreements are in force in the country, covering 109,727 workers in total. The Committee also notes the Government’s indication that it has not been approached concerning the violations of collective bargaining rights at a number of enterprises alleged by the GTUC in 2021. Noting that the GTUC makes similar allegations in its observations in 2024, the Committee requests the Government to provide its comments in this respect.

Organizations pursuing the interests of a foreign power. The Committee refers to its detailed comments under the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), with respect to the adoption of the Law on the Transparency of Foreign Influence and the concerns expressed in this regard. In the context of the present Convention, the Committee expresses its concern about the stigmatization that could occur against professional organizations described as pursuing the interests of a foreign power (as pointed out by the Venice Commission of the Council of Europe in its Urgent Opinion on the Law of Georgia on Transparency of Foreign Influence, issued on 21 May 2024) and about the risks of anti-union discrimination against their members and the possible obstacles to their participation in collective bargaining mechanisms that may arise as a result. In accordance with its observation underConvention No. 87, the Committee urges the Government to amend the legislation as to explicitly exclude the organizations of employers and trade unions from its scope of application. The Committee requests the Government to provide information on all measures taken in this respect.