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The Process Joining Trade Unions by Teachers to be Conformed to the Legislation

December 1, 2010

Georgian Ministry of Education and Science addresses the board of principals of public schools to comply their practice of participation in the Trade Unions and transfer of the membership fees.

The relevant request was published on the official website of the Ministry. According to the Ministry’s explanation, according to Georgian legislation, in order to transfer its membership fee to the school administration, the written consent of the teacher and the agreement between the school and the Trade Union must exist. Particularly, according to the paragraph 3 of article 25 of the Law on the Trade Unions, “the employer, the administration of the company, department and organization, on the basis of the private written complaint of the Trade Union workers, will transfer the monthly fees from the salaries of employees to the balance of the Trade Union according to the provisions drawn out in the collective agreement.”

Hence, according to the Ministry’s statement, any transfer not carried out according to the abovementioned requirements represents the illegal act and violates the rights and legal interests of a teacher.

According to paragraph 12 and 14 of the corresponding law, the member of Trade Union is a physical individual (worker, temporarily unemployed, pensioner, student) who shares (accepts) the charter of Trade Union, fulfils it and belongs to the Trade Union Organization, as for the collective agreement, it is an agreement between the employer, company, organization, department and the Trade Union Organization that regulates the labor, social and professional relations between the parties.

According to paragraph first of article 2 of the Georgian Law on Trade Unions, the trade union is a voluntarily public union. Georgian constitution acknowledges the right of every citizen to join the public unions. Particularly, according to paragraph 1 of article 26, everybody has a right to create public unions, including the Trade Unions and become its member.

Hence, the Ministry of Education and Science considers that every teacher is independent and makes decision on joining the Trade Union according to its will. Consequently, any transfer of membership fee must be conducted according to the teacher’s will and in case of his/her consent.

The request emphasized that the Ministry of Education and Science of Georgia will always be a guarantee of rights and freedoms of teachers, according to the universal human and fundamental rights.

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