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Georgia - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Georgia - 2017    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): economic reasons; worker's conduct; worker's capacity
  • Art. 37 LC states that the following shall serve as grounds for termination of a labour agreement:
    a) economic circumstances, technological, or organizational changes making it necessary to reduce workforce;
    b) expiry of the labour agreement;
    c) completion of the work provided for by a labour agreement; d) voluntary written application for resigning from a position/work by the employee; e) written agreement between the parties;
    f) incompatibility of the employee’s qualifications or professional skills with the position held/work to be performed by the employee;
    g) gross violation by the employee of his/her obligation under an individual labour agreement or a collective agreement and/or rules and regulations;
    h) violation by the employee of his obligation under an individual labour agreement or a collective agreement and/or rules and regulations, if any of the disciplinary actions under such an individual labour agreement or a collective agreement and/or rules and regulations has already been administered in relation to the employee for the last one year;
    i) unless otherwise provided for by the labour agreement, a long-term disability, if the period of disability exceeds 40 calendar days in a row, or the total disability period within six months exceeds 60 calendar days, and, at the same time, the employee has used the leave indicated in Article 21 of this Law;
    j) entry into force of a court judgment or decision precluding the fulfillment of work; k) the final decision of finding a strike illegal delivered by the court in accordance with Article 51(6) of this Law;
    l) death of an employer as a natural person or of an employee;
    m) commencement of liquidation proceedings of an employer as a legal entity;
    n) any other objective circumstance justifying termination of the labour agreement.

    2. The violation of the obligation under the work rules and regulations set forth in Paragraph 1 (g) and (h) of this Article may serve as the basis for termination of a labour agreement only if the work rules and regulations are an integral part of the labour agreement.

Prohibited grounds: pregnancy; maternity leave; family responsibilities; temporary work injury or illness; race; colour; sex; sexual orientation; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; property; birth; exercise of the right to educational leave; lawfully taking leave; adoption leave; ethnic origin
  • Art. 2 LC

Workers enjoying special protection: pregnant women and/or women on maternity leave
  • Art. 36 LC on suspension of employment during which the employment cannot be terminated.