Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Georgia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Georgia’s overall score is 63 out of 100. The overall score for Georgia is lower than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Georgia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1999 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1993.

Labour Rights Index 2024

63/100

LRI Country Score

25/100

Freedom of Association Indicator

17.88 %

Trade union density rate (%)

14.4 %

Collective bargaining coverage rate (%)

0.15

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§26 of the Constitution of Georgia, 1995; §1, 2(9) of the Law Of Georgia on Trade Unions,1997; §52 of the Labour Code of Georgia, 2010; CEACR, C87, Obs 2021; USDOS CRHRP 2023 (Georgia)

A,B,D

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§12 of the Law Of Georgia on Trade Unions,1997; §55 & 56 of the Labour Code of Georgia, 2010; USDOS CRHRP 2023 (Georgia)

A

Does the law provide for the right to strike?

No

0

§26 of the Constitution of Georgia, 1995; §13 of the Law Of Georgia on Trade Unions,1997; §64(3), 65 & 66 of the Labour Code of Georgia, 2010;

B,C,D

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§348 of the Criminal Code of Georgia,1999 §26 of the Constitution of Georgia, 1995; §68 of the Labour Code of Georgia, 2010; §13 of the Law Of Georgia on Trade Unions,1997

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §26 of the Constitution of Georgia, 1995; §1, 2(9) of the Law Of Georgia on Trade Unions,1997; §52 of the Labour Code of Georgia, 2010; CEACR, C87, Obs 2021; USDOS CRHRP 2023 (Georgia)

A : National Law

National Labour Legislation

"The law generally provided for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee, while welcoming the amendment of section 2(9) of the Law on Trade Unions, which lowered the minimum membership requirement for establishing a trade union from 100 to 50, expressed the hope that the Government would pursue, in consultation with the social partners, efforts to assess the law’s impact and would take the necessary measures to amend the law if it was found that the new minimum number required still hindered the establishment of trade unions in small and medium-sized enterprises. The Committee notes with satisfaction the Government’s indication that section 2(9) of the Law on Trade Unions was amended on 29 September 2020 so as to further lower the minimum membership requirement for establishing a trade union to 25. The Committee notes with interest the GTUC indication that trade unions participated in the reform."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Law of Trade Unions -- Chapter 1, Art. 2(9). A professional union can be established by the initiative of at least 25 persons."

Information

Source: §12 of the Law Of Georgia on Trade Unions,1997; §55 & 56 of the Labour Code of Georgia, 2010; USDOS CRHRP 2023 (Georgia)

A : National Law

National Labour Legislation

"The law generally provided for the right of most workers, including government employees, to form and join independent unions, to legally strike, and to bargain collectively. According to the law, if a trade union or a group of employees initiated negotiations for the conclusion of a collective agreement, employers were required to negotiate in good faith. The parties were required to provide each other with information relevant to the issues being discussed during negotiations."

Information

Source: §26 of the Constitution of Georgia, 1995; §13 of the Law Of Georgia on Trade Unions,1997; §64(3), 65 & 66 of the Labour Code of Georgia, 2010;

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

" The Committee had previously requested the Government to amend section 51(2) of the Labour Code according to which, the right to strike was 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 determined the list of services connected with the life, safety and health (pursuant to section 51(2) of the Code) and included services which did not constitute essential services in the strict sense of the term (radio, television, municipal cleaning services, oil and gas extraction, production, oil refining and gas processing). The Committee notes with satisfaction that following the 2020 amendment of the Labour Code and adoption, on 7 September 2021, of the Order on Approval of the List of Essential Services, which replaced the Order of 2013, employees working for essential service providers may exercise the right to strike if they ensure that a minimum service is provided to meet the users’ basic needs and ensure that the service in question operates safely and without interruption (section 66 of the Labour Code, replacing the regulation of essential services formerly contained in section 51(2)). "

C : ITUC

ITUC Global Rights Index (country legal profile)

"Discretionary determination or excessively long list of “essential services” in which the right to strike is prohibited or severely restricted Art.51 (2) Labour Code: The right to strike is prohibited during the working hours of employees engaged in activities related to the safety of human life and health or which activities cannot be suspended due to the technology in use. Order No. 01-43/N of 6 December 2013, 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))."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Labour Code Art 64 (3). In the case of a collective dispute, the right to strike and the right to impose lockouts shall arise upon the lapse of 21 calendar days after the Minister is notified in writing in accordance with Article 63(3) of this Law, or after the Minister appoints a dispute mediator on his/her own initiative in accordance with Article 63(4) of this Law. Art 66 (2.) The list of critical services (in the narrow sense of this term) involving the activities referred to in paragraph 1 of this article shall be determined by the Minister after consulting social partners. Employees working for critical service providers may exercise the right to strike if they ensure that a minimum service is provided. The limits of a minimum service shall be determined by the Minister after consulting social partners. In determining the limits of a minimum service, the Minister shall only take into account the work processes which are necessary for the protection of the life, personal safety, or health of society-at-large or a certain part of society."

Information

Source: §348 of the Criminal Code of Georgia,1999 §26 of the Constitution of Georgia, 1995; §68 of the Labour Code of Georgia, 2010; §13 of the Law Of Georgia on Trade Unions,1997

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Criminal Code Article 348 - Violation of the procedure for striking Violation of the procedure for a strike by its organiser, which has resulted in grave consequences, - shall be punished by a fine or restriction of liberty for up to two years or with corrective labour for up to a year. "