#3(34)'12
#3(34)'12
#3(34)'12
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marTlmsajuleba<br />
N3<br />
da<br />
kanoni<br />
FREEDOM OF EXPRESSION<br />
OF WILL IN LABOR<br />
RELATIONS<br />
AMIRAN ZENAISHVILI<br />
Georgian – American University<br />
PHD of the Law School<br />
Purpose of this Article is to analyze the problem of detecting authenticity<br />
of expressing the will when signing collective agreements, taking into<br />
consideration number of parties to the agreement and find solution to this,<br />
define the legal risks related with the motivation of the employer (coercion)<br />
related with the expression of will in collective agreements.<br />
We review issues related with the expression of will when signing collective<br />
agreement, collective agreements are very specific unlife from private legal<br />
contractual relations, it is the special form of mandatory agreement.<br />
Parties, before expressing their will, should realize consequence of legal<br />
norms that it ocnains, grounds for expected benefits or obligations. Norms<br />
enviseged in the agreement, may be acceptable for certain employers, and<br />
unaccaptable for the others. Norms of the collective agrement are applied in<br />
wide range of organizations (enterprise, institution, etc.), employers and<br />
employees, thus there is a high risk of signing hypocritical and ostantious<br />
contracts.<br />
Author analyzes the issues in the article porving that through expressing<br />
the will, parties aim to reach certain legal outcome. They agree not just on the<br />
legal outcomes, but also on the rules, that they shall follow. For this reason, it<br />
is considered that contract has the legal force for parties and breaking it is<br />
subject of legal responsibility of a party.<br />
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