What are the problems? 

• Unlike in Western countries, trade unions in the Soviet Union served to enforce centralized standards and objectives and enjoyed a small degree of independence. 
• After gaining independence, structural changes in the labor market in the 1990s and high levels of unemployment and self-employment contributed to the ineffectiveness of trade unions. 
• Additionally, until 2012, the state a policy was against unions. Moreover, the legislative changes passed in 2006 did not promote the development of trade union activities. 
• Even though the labor legislation in Georgia has improved in recent years, and the mandate of the labor inspectorate has also increased, the rights of employees are still not adequately protected. 
• Proper enforcement of the law is still a challenge. Litigation in court is considered a less effective mechanism for employees, as the process usually takes a long time to complete. 
• Even if the court makes decisions favorable for individual workers, the overall situation in the country regarding labor rights does not change significantly.
• At the same time, constructive dialogue between employees and employers in the country is not sufficient, which has become particularly evident during the pandemic.  In order to overcome the crisis, instead of cooperation with the employees, many employers terminated the labor relations.
• There are also cases when employees do not join trade unions for fear of losing their job. 

As a result, the labor relations in Georgia are mostly individual and are less regulated by collective agreements. 

The situation is complicated also by the fact that the tripartite social commission in Georgia does not function properly. 

State does not see the importance of social dialogue in defining and implementing a balanced and agreed-upon labor policy.

What should we know? 

Well-functioning trade unions and proper social dialogue are considered good indicators of democracy and human rights protection in the country.   

• Creating a trade union and joining it is a right guaranteed by the Constitution of Georgia. This action does not require the consent of the employer. Moreover, no one has the right to prevent and/or prohibit employees from forming or joining a trade union. 
• Trade unions protect the rights of their members before both employers and the state in individual and collective labor disputes in case of violation of the labor legislation and collective agreements. 

For more details see:

Trade unions - What Should We Know? 

Social dialogue - International Standards 

What are the challenges? 

The European Social Committee found that the promotion of collective bargaining is not sufficient in Georgia. The state does not take steps to promote unionization and membership with regard to the areas of work with a low level of or no unionization; As well as it does not take steps to proactively promote or ensure social dialogue to take stock of the COVID-19 crisis and pandemic. 

The recent rise in strikes by employees in Georgia and the reduced number of collective agreements indicate that social dialogue is not adequate. 

Although significant progress has been made in terms of establishing the legal and institutional framework for social dialogue, it can be noted that the work of the tripartite commission for social partnership is not effective. It is still not a strong institution promoting decent working conditions and an effective mechanism for the peaceful settlement of collective labor disputes. 

• Commission members usually meet only in case of emergency related to labor issues (e.g., strike). Meetings take place mostly in working groups that have no decision-making power. Moreover, most of the issues discussed at working group meetings are not even delivered to the commission level. 
• Another challenge in the commission's work is that it is only a body operating at the national level, without regional representation. Therefore, there is little opportunity to bring the problems specific to the region to the commission for consideration. 
• Unions of employees in the Commission are represented only by the Georgian Trade Union Confederation and no other unions, for example, the New Confederation - NCIU. 

It is important that the problems of each trade union are heard in the tripartite commission. Thus, it is necessary to take into account the principle of “most representativeness” of employees' and employers' organizations, as defined in ILO conventions, including as in No. 144.   

What are the international standards? 

The right to form and join a trade union is a significant aspect of freedom of association. It obliges the state to ensure that this right is protected without any discrimination by employers or the government and that workers' organizations have adequate means to protect and promote the interests of their members. 

It should be highlighted, that according to the Association Agreement with the European Union, Georgia undertook to promote and incorporate in its legislation and practice the internationally recognized basic labor standards. This especially refers to the actual recognition and practical realization of the right to freedom of association and collective bargaining. 

• International standards also pay significant attention to the development of social dialogue. The International Labor Organization (ILO) defines the promotion of tripartite social dialogue as an effective mechanism for dealing with various economic and social problems. 
• The ILO urges states to promote the tripartite format, particularly in sectors where the latter does not exist or functions inefficiently. 
• The state should create an appropriate legal framework and should be a mediator between employees and employers and at the same time, a guarantor that the regulations established by legislation and collective agreements are enforced in practice. 
• Effective social dialogue depends on the existence of independent and strong unions of employees and employers, who have the appropriate technical capabilities and knowledge, as well as the political will on the part of all participants to properly engage in social dialogue.

It should be stressed, that in 2018, Georgia ratified the Tripartite Consultation (International Labour Standards) Convention of 1976 (No. 144).  Additionally, the country undertook to take the necessary measures for the development of social dialogue and to increase its effectiveness under the Association Agreement with the European Union. However, the state has not taken effective steps in this regard.

What should be done? 

• It is essential for the state to properly perceive the role of trade unions in terms of improving labor rights. 
• Systematic work is necessary to raise awareness about trade unions and gain public trust. 
• It is crucial to strengthen labor unions, create new professional unions and develop their capacities. 
• It is necessary to improve social dialogue at industrial, national, and regional levels, diversify existing mechanisms, implement further reforms and increase efforts on the part of the government.
• The state should take steps to increase the effectiveness of the tripartite commission and use this mechanism in the process of planning and implementing its own policy. 
• In addition, it is essential to take into account the principle of the “most representativeness: of employers' and employees' unions in the Commission, which ensures that the problems of each union are voiced and international obligations are properly fulfilled.