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 employee’s 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
Einzelbild herunterladen
verfügbare Breiten