The Public Defender’s Office has studied several cases relating to the violations of the rights of trade unions and their members and alleged discrimination on the grounds of the trade union membership by employers. The Public Defender considered the given cases simultaneously, as a whole, taking into account the common characteristics and the problematic trends identified in the direction of collective labour disputes.[1]

The Public Defender assesses the problematic trends identified in terms of trade union activities as noteworthy and considers that the failure to eliminate such circumstances creates the risks of creating/strengthening such an environment in the workplace, which may incite discriminatory treatment in labour relations on the grounds of trade union membership.

On September 4, 2023, the Public Defender of Georgia addressed the Advisory Council of the Chief Labour Inspector of the State Labour Inspection Service with a general proposal to develop recommendations aimed at the proper protection of collective labour rights and prevention of discrimination on the basis of trade union membership, including:

• The State Labour Inspection Service should provide proactive information to the employers, promoting the protection of collective labour rights and a work environment free from discrimination on the grounds of trade union membership;
• Guidelines should be developed for the prevention of violations arising from collective labour relations and discrimination based on trade union membership;
• When carrying out inspection in the workplaces, supervision of the existing situation of violations arising from labour relations and discrimination based on trade union membership should be determined as a strategic direction.

[1] In particular: The application of the Independent Trade Union of Medicine, Pharmacy and Social Workers of Georgia (respondent - Emergency Situations Coordination and Urgent Assistance Center LEPL); The application of Tamila Gabaidze, the representative of citizen N.N. (respondent - Emergency Situations Coordination and Urgent Assistance Center LEPL); Applications of the Trade Union of Persons Employed in Agriculture, Trade and Industry of Georgia (respondent - Evolution Georgia LLC) and (respondent - Sairme Mineral Waters LLC)