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A decent work agenda : needs assessment and roadmap
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Structure of the Research The research is composed of 13 thematic sections. Most of the sections also include sub­sections. Each section subsection brings together all three components of the research Legal Review, Literature Review and Analysis of Interviews. Each section subsection has its own set of conclusions and recommendations. A list of all recommendations is provid­ed at the end of the research. 1 Freedom of Association and Collective Bargaining Legal Review According to Article 64(1) of the Labour Code,a strike shall be an employees temporary and voluntary refusal, in the case of a dispute, to fulfil, wholly or partially, the duties un­der an employment agreement. Such persons as determined by the legislation of Georgia shall not participate in a strike. This provision defines a prerequisite for exercising the right to strike a dispute. By force of Article 61(1) of the Labour Code,a dispute is a dis­agreement arising during the course of labour relations. The resolution of disputes is in the legal interests of the parties to an employment agreement. Pursuant to Article 61(2), a dispute shall arise following a written notification of disagreement from one party to another. Article 61(3) specifies that the grounds for a dispute may be: (a) the violation of human rights and freedoms under the legislation of Georgia; b) the violation of the conditions of an individual employment agreement or a collective agreement, or the violation of employment conditions; c) a disagreement between an employer and an employee over the essential conditions of an individual employment agreement and/or the conditions of a collective agreement. According to the Labour Code, disputes arising during individual employment relations shall be resolved by means of a dispute settlement procedure providing for direct ne­gotiations between the employee and the employer. A collective labour dispute 7 shall be resolved through a dispute settlement procedure providing for direct negotiations 7. Article 63(1) of the Labour Code defines collective labour dispute as a dispute between an employer and a group of employees (at least 20 employees) or an employer and an employees association. 14