გაფიცვის უფლების დაცულ სფეროში სახელმწიფოს ჩარევის ფარგლები

The Law of Labor serves to protect the balance of interests between employers and employees. This field of law is the driving force of the country -– the proper use of human resources is the cornerstone. Avoiding conflicts of interest and maintaining balance is not so simple process for the state. The implementation of this task complicates the equal value of participants of the labor law for the state. It is difficult to make a choice in favor of any of the parties, and the priority protection of anyone’s rights is because one side is the segment of employers – on which stands the economy of the country, the main share of the funds transferred in the state budget and the idea of a strong capitalist state, and the other side is no less important contingent of the society, employees, who are the driving force of the country, are the direct creators of the production processes and are the “creators of the wealth” in the state.
The task of the state is to maintain the balance that ensures the proper use of human resources with the business increasing development, to ensure the dignified working conditions of the employee with minimum standards, which will be imperatively requested from the employer and the reversal of it, and that he/she can not change under the Laboir Agreement. In this process should be considered, the requirements of the workers and the importance of providing real, effective leverage for them to improve their labor conditions. That is such a valuable and efficient leverage of the labor relationship participant against to the strong side from the weak side – is the right to strike that in all developed countries of the world have been gradually recognized as one of the fundamental social rights of human beings.
The absolute nature of the right to strike there are a number of question marks in the process of use of this institution; it requires not only the accuracy of the legislature and the specification of a number of issues, it is also important to involve scientists and permanent analysis of judicial law.