On Trade Unions

Organic Law of Georgia

On Trade Unions

Article 1. Objectives of the Law🔗

1. This Law establishes the legal grounds for the establishment of trade unions (professional unions), their rights and guarantees of activity.

2. This Law regulates:

a) public relations connected with the establishment of trade unions and the realisation of their rights and guarantees of activity;

b) relations of trade unions and of associations of trade unions with state authorities, municipal bodies, employers, employers' associations (unions, associations), other public associations, natural and legal persons."

Organic Law of Georgia of 15 July 2020 No. 6870- website, 28.07.2020.

Article 2. Right to form trade unions and associations of trade unions (associations)🔗

1. A trade union is a non-entrepreneurial (non-commercial) legal entity established in accordance with the procedure established by the Civil Code of Georgia, and, according to its activity, a voluntary public association (organization) of persons (workers) connected by common production and professional interests, the purpose of which is the protection and representation of the labour, social-economic and legal rights and interests of trade union members.

2. Under the Constitution of Georgia, everyone has the right to form a trade union and to join it.

3. A trade union may be formed in any enterprise, institution, organization, or other workplace.

4. In the bodies of the defence, internal affairs, tax and judicial authorities and the prosecutor's office of Georgia, and in the State Security Service of Georgia, the specifics of forming trade unions shall be determined accordingly by the legislation of Georgia on these bodies and service.

5. A person aged 15 or over who carries out labour (professional) activity (worker) or studies at a higher, secondary specialized or vocational educational institution has the right to form a trade union, join a trade union, participate in trade union activity and freely leave a trade union. Temporarily unemployed persons and pensioners may remain members of a trade union.

6. A trade union shall be formed on the basis of sectoral, production, territorial or other characteristics related to professional specificity.

7. Trade unions have the right to:

a) form primary trade union organizations in an enterprise, institution, organization, or other workplace;

b) form national, Autonomous Republic of Abkhazia, Autonomous Republic of Adjara, regional, district, city, enterprise, institution, organization trade union organizations and associations (associations).

8. To found a trade union or an association of trade unions (association), an initiative (organizing) group shall convene a founding meeting (conference, congress), which shall adopt the charter and elect the governing trade union bodies.

9. A trade union may be founded on the initiative of at least 25 persons.

10. All trade unions shall enjoy equal rights.

Organic Law of Georgia of 29 September 2020 No. 7182 – website, 5 October 2020.

Article 3. Definition of terms🔗

For the purposes of this Law, the terms used therein have the following meaning:

a) Branch trade union – a trade union that voluntarily unites trade union members working in enterprises, institutions, organizations of one or several related branches of the national economy of Georgia and operates throughout the entire territory of Georgia;

b) Trade union of professional specificity – a trade union that voluntarily unites trade union members of the same profession working in enterprises, institutions, organizations of one or different branches and operates in the territory of one or several enterprises, institutions, organizations, a city, a district, a region or the entire territory of Georgia;

c) Trade union or trade union organization of an enterprise, institution, organization, city, district, regional, Autonomous Republic of Abkhazia or Autonomous Republic of Adjara – a trade union that voluntarily unites members of one trade union and operates respectively in the territory of one enterprise, institution, organization, city, district, region, Autonomous Republic of Abkhazia or Autonomous Republic of Adjara;

d) Association (association) of trade unions of an enterprise, institution, organization, city, district, regional, Autonomous Republic of Abkhazia or Autonomous Republic of Adjara – an association (association) of trade unions that voluntarily unites trade unions and/or associations (associations) of trade unions and operates respectively in the territory of an enterprise, institution, organization, city, district, region, Autonomous Republic of Abkhazia or Autonomous Republic of Adjara;

e) National Association (Association) of Trade Unions – an association (association) of trade unions that voluntarily unites trade unions and/or associations (associations) of trade unions and operates throughout the entire territory of Georgia;

f) Primary trade union organization – a trade union organization that voluntarily unites trade union members working in one enterprise, institution, organization, operates under the charter of the respective trade union and the regulations of the primary trade union organization;

g) Trade union body – a body created (elected) in accordance with the charter of a trade union, the charter of an association (association) of trade unions or the regulations of a primary trade union organization;

h) Trade union committee (trade union committee) – a trade union body elected by the primary trade union organization;

i) Trade union organizer (trade union group organizer) – a trade union member elected by the trade union organization in which fewer than 15 trade union members are registered, and who acts under the authority of the general meeting of trade union members.

j) employer (provider of work, hirer) – an organisation or legal entity represented by its head (administration), or a natural person with whom a worker (employee) has concluded an employment contract (contract);

k) worker – a natural person who, on the basis of an employment contract (contract), works in an enterprise, institution, organisation or carries on individual entrepreneurship;

l) trade union member – a natural person (worker, temporarily unemployed person, pensioner, student) who shares (agrees with) the charter of the trade union, fulfils it and is registered with a trade union organisation;

m) trade union worker – a trade union member who is elected to a trade union body or, on the basis of an employment contract (contract), works in a trade union body;

n) collective contract – a contract between an employer, an enterprise, an institution, an organisation and a trade union organisation, which regulates the labour, social and professional relations of the parties;

o) sectoral (tariff) agreement – an agreement between the relevant bodies of the executive authority of Georgia, trade unions and employers (entrepreneurs), which regulates the labour and socio-economic relations of the parties;

p) general agreement – an agreement between the Government of Georgia, trade unions and nationwide associations of entrepreneurs, which regulates the labour and socio-economic relations of the parties.

Article 4. Scope of application of the Law🔗

This Law shall apply to:

a) all citizens of Georgia and members of trade unions, aliens and stateless persons residing in Georgia, except for cases provided by the legislation of Georgia and international treaties of Georgia;

b) all types of enterprises, institutions, organisations, trade unions, associations of trade unions (associations) operating in the territory of Georgia;

c) organisations of Georgian trade unions existing outside the borders of Georgia.

Article 5. Independence of a trade union🔗

1. A trade union, an association of trade unions (association) is independent of state authorities, municipal bodies, employers, associations of employers (unions, associations), political parties and organisations, is not accountable to them and is not subject to their control, except for cases provided by the legislation of Georgia.

2. A trade union does not create and does not belong to any political party (association).

Organic Law of Georgia No. 6870- of 15 July 2020, website, 28 July 2020.

Article 6. Legal basis of trade union activity🔗

1. A trade union, an association of trade unions (association) shall, in its activity, be guided by the Constitution of Georgia, international treaties of Georgia, this Law, other legislative acts of Georgia and its own charter.

2. If an international treaty of Georgia, which does not contradict the Constitution of Georgia, establishes rules different from those provided by this Law, the rules established by the international treaty of Georgia shall apply.

Article 7. Charter of a trade union, registration of its charter, acquisition of the status of a legal entity🔗

1. The goals and objectives of a trade union, an association of trade unions (association), the procedure for admission to and withdrawal from membership of a trade union, an association of trade unions (association), the rights and obligations of members, the structure of a trade union, an association of trade unions (association), the competence and terms of authority of the supreme bodies and governing bodies, the sources of formation and the procedure for use of income and property, the conditions for amending the charter, the grounds for termination of activity, the name, location and area of activity, as well as other matters important for it, shall be determined by the charter of the trade union, the association of trade unions (association) in accordance with the legislation of Georgia.

2. The charter of a trade union, an association of trade unions (association), and amendments made to the charter shall be registered in accordance with the procedure established by the legislation of Georgia.

3. Primary trade union organizations and other structural subdivisions operating on the basis of the registered charter of a trade union shall not be registered.

4. A trade union, an association of trade unions (association) shall acquire the status of a legal entity from the moment of registration of its charter in accordance with the procedure established by the legislation of Georgia.

Article 8. Cooperation of Georgian trade unions with trade unions of other countries🔗

Georgian trade unions shall have the right to cooperate with trade unions of other countries, to be members of international trade union organizations, and to conclude contracts and agreements with them, if this does not contradict the legislation of Georgia.

Article 9. Reorganization and liquidation of a trade union🔗

1. Reorganization of a trade union, a union of trade unions (association) shall be carried out by decision of the members of the trade union (meeting, conference, congress), in accordance with its charter.

2. Liquidation of a trade union, a union of trade unions (association) shall be carried out:

a) by decision of the members of the trade union (meeting, conference, congress), in accordance with its charter;

b) by a court judgment – in the event of violation of this Law or of its own charter or on account of activity prohibited by the legislation of Georgia, on the basis of a submission by the registering body.

3. Suspension or prohibition of the activity of a trade union, a union of trade unions (association) may be effected only by a court judgment, in the cases provided for by an organic law and in accordance with the established procedure.

Article 10. Right of workers to protection and representation of labour and social-economic rights and interests🔗

1. A trade union, an association of trade unions (association) protects and represents the labour and social-economic rights and interests of trade union members.

2. A trade union, an association of trade unions (association) has the right to participate in the preliminary consideration by the relevant bodies of draft legislative and subordinate normative acts on labour and social-economic issues, and to develop alternative proposals.

3. A trade union submits to state authority bodies proposals on the determination of the basic criteria of the standard of living and compensations.

4. A trade union protects the rights of trade union members to freely use their labour capabilities, to choose a profession, to receive fair remuneration for labour at least in the minimum amount established by the legislation of Georgia.

5. Employers, associations (unions, associations) of employers, with the participation of the relevant trade union, in accordance with the legislation of Georgia, establish labour norms, labour remuneration systems, forms of material incentives, amounts of tariff rates and salaries, which, on the basis of agreement of the parties, are reflected in the collective contract and the sectoral (tariff) agreement.

6. A trade union, an association of trade unions (association) may, within the scope of its competence, participate in the consideration of issues raised before and proposals submitted to state authority bodies, municipal bodies, as well as employers, associations (unions, associations) of employers and other public associations.

7. The governing bodies of a trade union, an association of trade unions (association) consider issues related to the labour, social-economic and legal rights and interests of workers in compliance with the conditions provided for by collective contracts (agreements).

Organic Law of Georgia of 15 July 2020 No. 6870- website, 28.07.2020.

Article 11. Right to Promotion of Employment🔗

1. A trade union, an association of trade unions (association) participates in the elaboration and implementation of the state employment policy and measures for the social protection of workers dismissed from enterprises, institutions, and organizations.

2. Employers, employers' associations (unions, associations) provide the relevant trade unions in advance – at least 2 months in advance – with information on the reorganization, liquidation or temporary suspension of operation of enterprises, institutions, organizations, which will cause a reduction of jobs or deterioration of working conditions, in order to ensure the protection of the rights and interests established by Georgian legislation and collective contracts (agreements) for dismissed workers.

3. A trade union has the right to submit to the relevant state authority for consideration a proposal on the postponement or temporary suspension of the timeframes of measures related to the mass dismissal of workers.

4. A trade union exercises public supervision over the state of employment.

5. On the initiative of the employer, an employment contract (contract) with a worker – a member of a trade union – may be terminated early on the basis of prior agreement with the relevant trade union committee (trade union committee), only in cases provided for by Georgian legislation or a collective contract (agreement).

6. Discrimination by an employer against a worker on account of being or not being a member of a trade union is inadmissible.

7. A trade union, an association of trade unions (association) has the right to participate in the consideration of the issue of organized recruitment of labour from other countries to Georgia or organized withdrawal from Georgia.

Article 12. Rights to conduct collective bargaining, to conclude a collective contract (agreement) and to control its performance🔗

1. Authorized representatives of the elective bodies of a trade union, an association of trade unions (association), a primary trade union organization shall, on behalf of the labour collective, conduct negotiations with the employer, an association (union, association) of employers, the authorized representatives of the bodies of the executive authority of Georgia and of municipal bodies, conclude collective contracts, agreements and control their performance in the manner established by these contracts (agreements).

2. The employer, an association (union, association) of employers, a body of the executive authority of Georgia shall be obliged to conduct negotiations with a primary trade union organization, a trade union, an association of trade unions (association) on labour and social-economic issues, if the primary trade union organization, a trade union, an association of trade unions (association) takes the initiative to conduct negotiations, and, in case of agreement, to conclude collective contracts (agreements).

Organic Law of Georgia No. 6870 of 15 July 2020 – website, 28.07.2020.

Article 13. Right to participate in the consideration and resolution of individual and collective labour disputes🔗

1. A trade union shall have the right, in the manner established by law, to participate in the consideration and resolution of individual and collective labour disputes on issues related to the violation of labour legislation and of the terms of a collective contract (agreement).

2. A trade union shall have the right, for the purpose of protecting the labour and social-economic rights of workers, in accordance with the legislation of Georgia, to prepare and hold a strike, a meeting, a demonstration, another mass protest action.

3. When a strike or another protest action is held by a trade union in compliance with the legislation of Georgia, any form of retaliatory action to suppress it shall be prohibited.

Article 14. Receipt and consideration of information🔗

A trade union, an association of trade unions (association) shall have the right to receive from the enterprise administration, the employer, an association of employers (union, association), a body of state authority and a municipal body, and to consider, the information necessary for ensuring the exercise of its statutory activity on labour and social-economic issues, unless otherwise provided by the legislation of Georgia.

Organic Law of Georgia No. 6870 of 15 July 2020 – website, 28.07.2020.

Article 15. Training (preparation) of trade union worker and raising of qualifications, training of trade union member🔗

A trade union, an association of trade unions (association) may create educational, cultural-educational and scientific-research institutions and organisations for the training (preparation) of trade union workers and raising of qualifications and for the training of trade union members.

Article 16. Right of trade union control over compliance with labour legislation🔗

1. A trade union shall exercise public control over the implementation, in respect of trade union members, of the measures provided for by labour legislation and employment contracts (contracts), as well as over the performance of other obligations of employers in the manner established by collective contracts (agreements).

2. A trade union shall have the right to demand that the employer eliminate the facts of violation of this Law.

3. A trade union, an association of trade unions (association) shall have the right, for the purpose of public control over compliance with labour legislation, as well as over the fulfilment of guarantees established by the legislation of Georgia in the field of labour and health protection and social security, to create a labour protection service (composed of workers of technical and legal labour protection and authorised doctors), which shall operate on the basis of the regulations approved by this trade union, association of trade unions (association).

4. Authorised representatives of a trade union, an association of trade unions (association) and its bodies may enter an enterprise, institution, organisation or other workplace where trade union members work, in accordance with labour legislation, laws on trade unions, laws on labour and health protection, collective contracts, sectoral (tariff) agreements and general agreements.

Article 17. Right to participate in protection of the environment and labour conditions🔗

1. A trade union shall have the right, in the manner established by law, to participate in the development of state programmes, legislative acts and subordinate normative acts on issues of environmental protection, occupational diseases and ecological safety, as well as to exercise public control over their implementation.

2. A trade union shall have the right to demand that the relevant body eliminate such violations of labour conditions as create a danger to the life and health of a worker.

3. A trade union and the workers of its labour protection service shall participate in the investigation of industrial injuries and accidents.

4. A trade union shall have the right, during the design, construction and commissioning of buildings, structures and equipment for industrial purposes, to demand participation, in the capacity of an observer, in the inspection of their safety.

Article 18. Right to participate in the privatization of state property🔗

A trade union has the right, upon authorization of the labour collective, to have its representatives in the commission for the privatization of state property created at an enterprise, institution, organization, in accordance with the legislation of Georgia.

Article 19. Participation in the activities of collegial management bodies of an enterprise🔗

A trade union may, by decision of the general meeting of workers, shareholders, partners, have its representatives in the collegial management bodies of an enterprise (supervisory board, advisory board, other body), in accordance with the legislation of Georgia.

Article 20. Right to protect the labour rights and interests of workers and to represent them in bodies hearing a labour dispute🔗

A trade union has the right:

a) for the purpose of protecting the labour rights of workers – members of the trade union –, in accordance with the legislation of Georgia, to file a claim, submit an application and appear before a court or another body hearing a labour dispute;

b) to provide legal assistance to workers – members of the trade union;

c) to establish legal departments and consultations within its structure.

Article 21. Relations of a trade union with an employer, an association of employers (union, association), bodies of the executive authority of Georgia, municipal bodies and other representative bodies🔗

1. Relations of a trade union, an association (association) of trade unions with an employer, an association of employers (union, association), bodies of the executive authority of Georgia and municipal bodies shall be regulated on the basis of social partnership by collective contracts (agreements) concluded between them, in accordance with the legislation of Georgia.

2. A trade union, an association (association) of trade unions has the right, together with other social partners, to participate, in the manner established by the legislation of Georgia, in the management of state funds (companies) created at the expense of insurance contributions of workers.

3. A trade union, an association (association) of trade unions has the right, on the basis of an agreement with bodies of the executive authority of Georgia, municipal bodies, employers, associations of employers (unions, associations) and other public associations, in accordance with the legislation of Georgia, to carry out joint measures on matters related to the fulfilment of its statutory tasks.

4. A representative (elective) body of workers existing at an enterprise, institution, organization may not be used to restrict the lawful activity of a trade union.

5. The State shall assist a trade union in the fulfilment of the tasks provided for by its charter.

Organic Law of Georgia of 15 July 2020 No. 6870- website, 28.07.2020.

Article 22. Guarantees of the Property and Financial Rights of a Trade Union🔗

1. A trade union, an association of trade unions (association), in accordance with its own charter, owns and disposes of the property and monetary funds created by it and uses this property and monetary funds. The property and monetary funds of a trade union are inviolable. No one has the right to dispose of, seize or transfer the property and monetary funds of a trade union without the consent of the collegial (elected) body provided for by the charter of this trade union, except in cases provided for by the legislation of Georgia.

2. The financial resources of a trade union are formed from membership dues, voluntary contributions, donations, amounts received as a result of cultural-educational, sports and health-improving, publishing, entrepreneurial (economic) activities, and other lawful income. A trade union has the right, in accordance with the procedure established by the legislation of Georgia, to receive property and monetary funds from another country for the performance of its statutory tasks.

3. A trade union may own as property: enterprises, means of production, transport and information, buildings and structures, residential houses, country houses, medical, recreational, cultural, educational, sports and children's institutions, objects of material and spiritual culture, money and securities, as well as other movable and immovable property necessary for the performance of its statutory tasks.

4. A trade union has the right, in accordance with the procedure established by the legislation of Georgia, to carry out entrepreneurial (economic) activity through an enterprise, institution or organization founded by it.

5. Income received from entrepreneurial (economic) activity shall be used only for the performance of statutory tasks and may not be distributed among the member organizations of a trade union or an association of trade unions (association).

6. A trade union independently determines the procedure and directions for the use of the property, monetary funds and material assets at its disposal, and, from the monetary funds at its disposal, establishes the amounts of salaries of trade union workers and the conditions of their remuneration in accordance with the legislation of Georgia.

7. A trade union may organize charitable events, insure trade union members, and carry out other humanitarian activities in accordance with the legislation of Georgia.

8. A trade union shall pay taxes from the income received from entrepreneurial (economic) activity in the manner and amount established by law.

9. Income received from membership dues, voluntary contributions and donations, which is used for the performance of the statutory tasks of a trade union, shall not be taxed.

10. Contributions to special funds on salaries shall be assessed for trade union workers in the same way as for workers of budgetary organizations.

11. The financial activity carried out by a trade union in accordance with its own charter shall not be subject to reporting before state bodies, except for the cases provided by the legislation of Georgia.

12. The rule for the use of the property and monetary funds remaining after the liquidation of a trade union or an association of trade unions (association) shall be determined by its charter in accordance with the legislation of Georgia.

Article 23. Guarantees for the protection of a trade union worker elected in a trade union body and employed in main work🔗

1. A worker who is elected in a trade union body and is not released from main work may be granted time free from production activity for the performance of trade union duty and for short-term training (qualification improvement) in accordance with the conditions determined by a collective contract (agreement).

2. A worker who is elected in a trade union body or as a delegate of a trade union conference or congress shall be released from production activity in accordance with the conditions determined by a collective contract (agreement) in order to participate in the work of that body.

3. It shall be inadmissible, on the initiative of employers, without the prior consent of the trade union body, to dismiss from work, transfer to another work or punish by disciplinary procedure the chairman or a member of an elective trade union body employed in main work, or the trade union organizer (trade union group organizer), except for the cases provided by the legislation of Georgia.

Article 24. Guarantees for the protection of a trade union worker elected in a trade union body, released from main work🔗

1. A worker who was released from main work due to election in a trade union body shall, after the expiry of the term of authority in the elective position, be granted the priority right to return to the previous work (position) or to receive equivalent work (position).

2. It shall not be possible to dismiss, on the initiative of the employer, a worker elected in a trade union body within 1 year from the expiry of the term of authority in the elective position, except for the cases provided by the legislation of Georgia.

3. For a trade union worker elected in a trade union body, released from main work, the time of work in the trade union body shall be counted in the total work experience.

4. A worker elected in the trade union committee (trade union committee) of an enterprise, institution or organization, who was released from main work, shall, in accordance with the conditions determined by a collective contract (agreement), enjoy the social and labour rights established for the corresponding workers of that enterprise, institution or organization.

Article 25. Obligations of the employer to create the conditions necessary for the activity of a trade union🔗

1. The employer, the administration of an enterprise, institution or organisation shall, within the limits of available material and financial resources, be obliged to create the conditions necessary for the activity of the trade union, and shall, in the first place, transfer to the primary trade union organisation for official use, at the expense of the enterprise, institution or organisation, premises, equipment and means of communication.

2. The creation of other, additional material conditions for the activity of the trade union operating in an enterprise, institution or organisation shall be regulated by a collective contract (agreement).

3. The employer, the administration of an enterprise, institution or organisation shall, on the basis of a personal written application of the workers – trade union members – monthly deduct trade union membership dues from the wages of these workers to the account of the trade union in accordance with the conditions determined by the collective contract.

Article 26. Protection of trade union rights🔗

1. The State shall, in accordance with the legislation of Georgia, ensure the protection of trade union rights.

2. A case concerning the violation of a right conferred on a trade union by the legislation of Georgia shall be considered by a court.

Article 27. Liability for violation of trade union rights🔗

1. Imposition of liability for violation of this Law shall be carried out in accordance with the legislation of Georgia.

2. A trade union, a union (association) of trade unions, a trade union committee, a trade union member shall have the right, in accordance with the legislation of Georgia, to raise the question of the liability of the official who violates this Law, other legal acts on trade unions, including normative acts, or fails to fulfil the obligations provided for by general agreements, sectoral (tariff) agreements and collective contracts, or to file a claim in court or submit a complaint concerning the liability of that official.

Article 28. Liability of the trade union🔗

For failure to fulfil the obligations provided for by this Law, other legal acts on trade unions, including normative acts, general agreements, sectoral (tariff) agreements and collective contracts, and for the preparation and holding of a mass protest action declared unlawful by a court, the heads of the trade union and its bodies shall bear liability in accordance with the legislation of Georgia.

Article 29. Transitional provision🔗

Until 3 June 2019, a trade union shall participate, with observer status, in the safety expertise of a production facility, mechanism, tool, unit and instrument during their design, construction and putting into operation.

Article 30. Final Provisions🔗

1. This Law, except for paragraph 4 of Article 17 of this Law, shall enter into force upon the taking of the oath by the President of Georgia elected in the next elections of the President of Georgia.

2. Paragraph 4 of Article 17 of this Law shall enter into force on 3 June 2019.

3. Upon the entry into force of this Law, the Law of Georgia of 2 April 1997 “On Trade Unions” (Parliamentary Gazette, No. 15-16, 26 April 1997, p. 6) shall be declared invalid.

President of Georgia Giorgi Margvelashvili

Kutaisi,

30 November 2018

N3825-Is