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> GOVERNANCE - home > Employment protection legislation database - EPLex > Georgia

Georgia - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Article 38(1) LC: When terminating a labour agreement on any of the grounds under Article 37(1)(a, f, i, n) of this Law, employers shall be obliged to notify employees about it in writing at least 30 calendar days in advance. (...)
    The LC requires that notification shall be made in written form where an employee is dismissed based on: i) economic circumstances, technological, or organizational changes making it necessary to reduce workforce; ii) incapacity of an employee to occupy his/her position due to lack of qualification, professional skills and experience; iii) employee’s long-term disability; iv) other objective circumstances justifying termination of the employment contact.

Notice period:
Remarks:
  • Article 38 (1) LC: When terminating a labour agreement on any of the grounds under Article 37(1)(a, f, i, n) of this Law, employers shall be obliged to notify employees about it in writing at least 30 calendar days in advance. Besides, employees shall be granted a severance pay in the amount of at least one month’s salary within 30 calendar days after terminating the labour agreement. (...)
    Alternatively, Article 38 (2) LC provides that when terminating a labour agreement on any of the grounds under Article 37(1)(a, f, i, n) of this Law, employers may notify employees about it in writing at least three calendar days in advance. In this case, employees shall be granted a severance pay in the amount of at least two months’ salary within 30 calendar days after terminating the labour agreement.
    • tenure ≥ 6 months
      • 30 day(s).
    • tenure ≥ 9 months
      • 30 day(s).
    • tenure ≥ 2 years
      • 30 day(s).
    • tenure ≥ 4 years
      • 30 day(s).
    • tenure ≥ 5 years
      • 30 day(s).
    • tenure ≥ 10 years
      • 30 day(s).
    • tenure ≥ 20 years
      • 30 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Note that the official Georgian text of Articles 38(1) and 38(2) LC use the term “compensation” (ot “severance pay)” as used in the official English translation.
      Hence, under Article 38(2), it is an option for the employer to dismiss the employee with 3-days advance notice and in that case, it shall pay 2 months compensation. It is understood that out of this 2-months compensation, one month salary amount is considered as the severance pay compensation (payable under Article 38(1) LC), and another one month salary amount should be qualified as payment made in lieu of one month notification.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Notes / Remarks
    On the basis of Article 38 (2) LC referred to above, the notice period could also be as follows:

    tenure ≥ 6 months
    3 day(s).
    tenure ≥ 9 months
    3 day(s).
    tenure ≥ 2 years
    3 day(s).
    tenure ≥ 4 years
    3 day(s).
    tenure ≥ 5 years
    3 day(s).
    tenure ≥ 10 years
    3 day(s).
    tenure ≥ 20 years
    3 day(s).

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    Notification to the worker to be dismissed: written

    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Although there is no specific provision providing that a previous notification should be given to the worker, Article 38 (5): An employer shall be obliged to provide a written substantiation of the grounds for terminating a labour agreement within seven calendar days after submitting the request by an employee.

    Notice period:
    Remarks:
    • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
      • tenure ≥ 6 months
        • 30 day(s).
      • tenure ≥ 9 months
        • 30 day(s).
      • tenure ≥ 2 years
        • 30 day(s).
      • tenure ≥ 4 years
        • 30 day(s).
      • tenure ≥ 5 years
        • 30 day(s).
      • tenure ≥ 10 years
        • 30 day(s).
      • tenure ≥ 20 years
        • 30 day(s).

      Pay in lieu of notice: Yes

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

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      Notification to the worker to be dismissed: written

      Notice period:
      Remarks:
      • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
        • tenure ≥ 6 months
          • 30 day(s).
        • tenure ≥ 9 months
          • 30 day(s).
        • tenure ≥ 2 years
          • 30 day(s).
        • tenure ≥ 4 years
          • 30 day(s).
        • tenure ≥ 5 years
          • 30 day(s).
        • tenure ≥ 10 years
          • 30 day(s).
        • tenure ≥ 20 years
          • 30 day(s).

        Pay in lieu of notice: Yes

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

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        Notification to the worker to be dismissed: written

        Notice period:
        Remarks:
        • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
          • tenure ≥ 6 months
            • 30 day(s).
          • tenure ≥ 9 months
            • 30 day(s).
          • tenure ≥ 2 years
            • 30 day(s).
          • tenure ≥ 4 years
            • 30 day(s).
          • tenure ≥ 5 years
            • 30 day(s).
          • tenure ≥ 10 years
            • 30 day(s).
          • tenure ≥ 20 years
            • 30 day(s).

          Pay in lieu of notice: Yes

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Notice period:
          Remarks:
          • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
            • tenure ≥ 6 months
              • 30 day(s).
            • tenure ≥ 9 months
              • 30 day(s).
            • tenure ≥ 2 years
              • 30 day(s).
            • tenure ≥ 4 years
              • 30 day(s).
            • tenure ≥ 5 years
              • 30 day(s).
            • tenure ≥ 10 years
              • 30 day(s).
            • tenure ≥ 20 years
              • 30 day(s).

            Pay in lieu of notice: Yes

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Notice period:
            Remarks:
            • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
              • tenure ≥ 6 months
                • 30 day(s).
              • tenure ≥ 9 months
                • 30 day(s).
              • tenure ≥ 2 years
                • 30 day(s).
              • tenure ≥ 4 years
                • 30 day(s).
              • tenure ≥ 5 years
                • 30 day(s).
              • tenure ≥ 10 years
                • 30 day(s).
              • tenure ≥ 20 years
                • 30 day(s).

              Pay in lieu of notice: Yes

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Notice period:
              NOTE: This information has changed since the previous period covered.
              Remarks:
              • According to the art. 38 LC in terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) the employer shall give the employee at least 30 calendar days’ prior written notice. Besides, the employee shall be granted a severance pay of at least one month’s salary within 30 calendar days after the termination of the labour agreement. Reference to the relevant paragraphs of the art. 37 may be found under the "Valid grounds (justified dismissal)" mentioned above.
                • tenure ≥ 6 months
                  • 30 day(s).
                • tenure ≥ 9 months
                  • 30 day(s).
                • tenure ≥ 2 years
                  • 30 day(s).
                • tenure ≥ 4 years
                  • 30 day(s).
                • tenure ≥ 5 years
                  • 30 day(s).
                • tenure ≥ 10 years
                  • 30 day(s).
                • tenure ≥ 20 years
                  • 30 day(s).

                Pay in lieu of notice: Yes

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

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                Notification to the worker to be dismissed: written

                Notice period:
                Remarks:
                • The Labour Code does not provide for a notice period for the worker to be given by the employer.
                  Article 39 of the Labour Code "Derangement of the Contract":
                  1. According to the provisions of this article, labor contract can be deranged at the initiative of one of the parties.
                  2. If the initiator of the contract derangement is the employee, s/he shall notify the employer in writing, at least 30 calendar days prior to derangement, unless otherwise envisaged by the contract.
                  3. If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.
                  4. If one of the parties violates his/her liabilities as determined by the labor contract, the provisions of paragraphs 2 and 3 of this article shall not apply.
                  • tenure ≥ 6 months
                    • 0 month(s).
                  • tenure ≥ 9 months
                    • 0 month(s).
                  • tenure ≥ 2 years
                    • 0 month(s).
                  • tenure ≥ 4 years
                    • 0 month(s).
                  • tenure ≥ 5 years
                    • 0 month(s).
                  • tenure ≥ 10 years
                    • 0 month(s).
                  • tenure ≥ 20 years
                    • 0 month(s).

                  Pay in lieu of notice: Yes

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Notice period:
                  Remarks:
                  • The Labour Code does not provide for a notice period for the worker to be given by the employer.
                    Article 39 of the Labour Code "Derangement of the Contract":
                    1. According to the provisions of this article, labor contract can be deranged at the initiative of one of the parties.
                    2. If the initiator of the contract derangement is the employee, s/he shall notify the employer in writing, at least 30 calendar days prior to derangement, unless otherwise envisaged by the contract.
                    3. If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.
                    4. If one of the parties violates his/her liabilities as determined by the labor contract, the provisions of paragraphs 2 and 3 of this article shall not apply.
                    • tenure ≥ 6 months
                      • 0 month(s).
                    • tenure ≥ 9 months
                      • 0 month(s).
                    • tenure ≥ 2 years
                      • 0 month(s).
                    • tenure ≥ 4 years
                      • 0 month(s).
                    • tenure ≥ 5 years
                      • 0 month(s).
                    • tenure ≥ 10 years
                      • 0 month(s).
                    • tenure ≥ 20 years
                      • 0 month(s).

                    Pay in lieu of notice: Yes

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Notice period:
                    Remarks:
                    • The Labour Code does not provide for a notice period for the worker to be given by the employer.
                      Article 39 of the Labour Code "Derangement of the Contract":
                      1. According to the provisions of this article, labor contract can be deranged at the initiative of one of the parties.
                      2. If the initiator of the contract derangement is the employee, s/he shall notify the employer in writing, at least 30 calendar days prior to derangement, unless otherwise envisaged by the contract.
                      3. If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.
                      4. If one of the parties violates his/her liabilities as determined by the labor contract, the provisions of paragraphs 2 and 3 of this article shall not apply.
                      • tenure ≥ 6 months
                        • 0 month(s).
                      • tenure ≥ 9 months
                        • 0 month(s).
                      • tenure ≥ 2 years
                        • 0 month(s).
                      • tenure ≥ 4 years
                        • 0 month(s).
                      • tenure ≥ 5 years
                        • 0 month(s).
                      • tenure ≥ 10 years
                        • 0 month(s).
                      • tenure ≥ 20 years
                        • 0 month(s).

                      Pay in lieu of notice: Yes

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      + show references

                      Notification to the worker to be dismissed: written

                      Notice period:
                      Remarks:
                      • The Labour Code does not provide for a notice period for the worker to be given by the employer.
                        Article 39 of the Labour Code "Derangement of the Contract":
                        1. According to the provisions of this article, labor contract can be deranged at the initiative of one of the parties.
                        2. If the initiator of the contract derangement is the employee, s/he shall notify the employer in writing, at least 30 calendar days prior to derangement, unless otherwise envisaged by the contract.
                        3. If the contract is deranged at the initiative of the employer, the employee shall be given at least a one-month pay unless otherwise envisaged by the contract.
                        4. If one of the parties violates his/her liabilities as determined by the labor contract, the provisions of paragraphs 2 and 3 of this article shall not apply.
                        • tenure ≥ 6 months
                          • 0 month(s).
                        • tenure ≥ 9 months
                          • 0 month(s).
                        • tenure ≥ 2 years
                          • 0 month(s).
                        • tenure ≥ 4 years
                          • 0 month(s).
                        • tenure ≥ 5 years
                          • 0 month(s).
                        • tenure ≥ 10 years
                          • 0 month(s).
                        • tenure ≥ 20 years
                          • 0 month(s).

                        Pay in lieu of notice: Yes

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No