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

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

Article 3 of the Convention. Right of workers’ organizations to freely organize their activities and formulate their programmes. In its previous comments, the Committee had requested the Government to indicate whether strikes can be legally carried out on grounds not explicitly listed in section 47(3) of the Labour Code, which sets the grounds that give rise to labour disputes with respect to: (i) violation of human rights and freedoms stipulated in the Georgian legislation; (ii) violation of an individual employment contract or a collective agreement; and (iii) disagreement between the employer and the employee regarding the essential terms of the individual employment contract and/or the conditions of a collective agreement. The Committee had further requested the Government to indicate whether strikes not directly resulting from a dispute between the employer and his/her employees, such as general strikes related to the country’s economic and social policy, could be legally carried out. The Committee understands from the Government’s report that organisations can carry out any action not prohibited by the law, including any action not expressly provided for by the law. It further notes the Government’s indication that it is for the courts to determine the legality of a strike action. The Government transmits a copy of a case where, according to the Government, the court has considered that the solidarity strike was legal. The Committee takes due note of this information.

The Committee had previously requested the Government to amend section 51(2) of the Labour Code according to which, the right to strike is prohibited in services connected with the safety of human life and health or if the activity “cannot be suspended due to the type of technological process”, as well as Order No. 01-43/N of 6 December 2013, which determines the list of services connected with the life, safety and health (pursuant to section 51(2) of the Code) and includes some services which do not constitute essential services in the strict sense of the term (radio and television (under point (e) of the Order), municipal cleaning services (point (i) of the Order), oil and gas extraction, production, oil refining and gas processing (point (l) of the Order)). In this respect, the Committee considered that in such services, as well as in services which cannot be interrupted due to the technological process, minimum services could be appropriate as a possible alternative to the prohibition of strike action in order to ensure that users’ basic needs are met or that facilities operate safely or without interruption. The Committee had also requested the Government to specify services that cannot be suspended due to technological processes. The Committee had further requested the Government to review section 50(1) of the Labour Code according to which courts can postpone or suspend a strike for no more than 30 days if there exists a danger to the life or health of people, environment safety or a third party’s property as well as to the activities of vital importance, and to indicate any use of this provision as relates to the suspension of a strike due to a danger to third-party property. The Committee takes note of the copy of a 2016 Tbilisi civil court ruling which, according to the Government, deals with the postponement of a strike. The Committee will examine it once the translation thereof is available. The Committee notes the Government’s indication that the feasibility of amendments to sections 50(1) and 51(2) of the Labour Code and to Order No. 01-43/N is being discussed with the relevant State institutions and social partners, and that results of the discussions will be submitted to the Tripartite Social Partnership Commission for decision. The Committee trusts that the Government will pursue its efforts in this regard, in consultation with the social partners, and hopes that the amendments to sections 50(1) and 51(2) of the Labour Code and to Order No. 01-43/N will be adopted in the near future. The Committee requests the Government to provide information on all developments in this regard.