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> GOBERNANZA - página de entrada > EPLex: una base de datos sobre la legislación de protección del empleo > Georgia

Georgia - Vías de recurso y procedimientos contenciosos en casos de litigios individuales


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Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Article 481 – Review and resolution of collective disputes

    1. A collective dispute (dispute between an employer and a group of employees or an employer and an employees’ association) must be resolved under conciliation procedures between the parties. This implies direct negotiations between an employer and a group of employees (at least 20 employees) or an employer and an employees’ association, or mediation, if one of the parties has sent a written notification to the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health, and Social Affairs of Georgia (‘the Minister’).
    2. A party shall notify the other party in writing about initiating conciliation procedures. The notification must specify the reason for arising the dispute and claims of the party.
    3. For reaching agreement at any stage of negotiations, a party may apply to the Minister in writing for appointing a dispute mediator for initiating mediation. The written notification shall be delivered to the other party to the dispute on the same day.
    4. Based on the received written notification under paragraph 3 of this article, the Minister shall appoint a dispute mediator according to the procedure for reviewing and resolving collective disputes under conciliation procedures approved by a normative act of the Government of Georgia. In the case of high public interest, the Minister may appoint a dispute mediator at any stage of the dispute without written application of a party. The fact of appointment shall be notified in writing to the parties involved.
    5. The Minister may make a decision at any stage of the dispute to terminate conciliation procedures.
    6. Parties shall be obliged to participate in conciliation procedures and attend meetings held by the dispute mediator for that purpose.
    7. If the Minister so requests, the dispute mediator shall be obliged to send him/her a report on the dispute.
    8. Parties may agree at any stage of a dispute to refer the dispute to arbitration.
    9. A dispute mediator shall be obliged not to disclose the information or the document he/she becomes aware of as a dispute mediator.

Carga de la prueba: ambos

Remarks:
  • The Labour Code contains no provision on the burden of proof in general. There a few provisions on specific situations.
    Article 38 (7) LC provides that if an employer fails to provide a written substantiation of the grounds for terminating a labour agreement within seven calendar days after an employee submits the request, the employee may appeal in court against the employer’s decision on terminating the labour agreement within 30 calendar days. In this case, the burden of proof for determining facts of the dispute shall lie on the employer.

    Moreover, Article 48 LC establishes that an individual labour dispute might be solved through conciliation. In that case, paragraph 6 provides that If a party avoided participating in the conciliation procedures within 14 calendar days after receiving the written notification under paragraph 2 of this article, the burden of proof for determining the facts of the dispute shall lie on that party.

    Cases related to prohibition of discrimination and termination of employment of employees members of employees associations, Article 40 (3) LC provides that the burden of proof (...) shall lie on the employer, if the employees alleges circumstances providing a reasonable cause to believe that employers acted in breach of the requirement(s) of paragraph (1)(b) of this article and/or Article 37(3)(b) of this Law.

    Note, however, that the court practice established a uniform case-law approach according to which in all dismissal matters, the burden of proof to justify the validity of termination shall always be placed on the employer.

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

NOTE: This information has changed since the previous period covered.
Remarks:
  • Article 481 – Review and resolution of collective disputes

    1. A collective dispute (dispute between an employer and a group of employees or an employer and an employees’ association) must be resolved under conciliation procedures between the parties. This implies direct negotiations between an employer and a group of employees (at least 20 employees) or an employer and an employees’ association, or mediation, if one of the parties has sent a written notification to the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health, and Social Affairs of Georgia (‘the Minister’).
    2. A party shall notify the other party in writing about initiating conciliation procedures. The notification must specify the reason for arising the dispute and claims of the party.
    3. For reaching agreement at any stage of negotiations, a party may apply to the Minister in writing for appointing a dispute mediator for initiating mediation. The written notification shall be delivered to the other party to the dispute on the same day.
    4. Based on the received written notification under paragraph 3 of this article, the Minister shall appoint a dispute mediator according to the procedure for reviewing and resolving collective disputes under conciliation procedures approved by a normative act of the Government of Georgia. In the case of high public interest, the Minister may appoint a dispute mediator at any stage of the dispute without written application of a party. The fact of appointment shall be notified in writing to the parties involved.
    5. The Minister may make a decision at any stage of the dispute to terminate conciliation procedures.
    6. Parties shall be obliged to participate in conciliation procedures and attend meetings held by the dispute mediator for that purpose.
    7. If the Minister so requests, the dispute mediator shall be obliged to send him/her a report on the dispute.
    8. Parties may agree at any stage of a dispute to refer the dispute to arbitration.
    9. A dispute mediator shall be obliged not to disclose the information or the document he/she becomes aware of as a dispute mediator.

Carga de la prueba: ambos

Remarks:
  • The Labour Code contains no provision on the burden of proof in general, there a few provisions on specific situations.
    Article 38 (7) provides that If an employer fails to provide a written substantiation of the grounds for terminating a labour agreement within seven calendar days after an employee submits the request, the employee may appeal in court against the employer’s decision on terminating the labour agreement within 30 calendar days. In this case, the burden of proof for determining facts of the dispute shall lie on the employer.

    Moreover, Article 48 establishes that an individual labour dispute might be solved through conciliation. In that case, paragraph 6 provides that If a party avoided participating in the conciliation procedures within 14 calendar days after receiving the written notification under paragraph 2 of this article, the burden of proof for determining the facts of the dispute shall lie on that party.

    Cases related to prohibition of discrimination and termination of employment of employees members of employees associations, Article 40 (3) provides that the burden of proof for the claim submitted in the case provided for by paragraph (1)(b) of this article and/or on the grounds under Article 37(3)(b) of this Law shall lie on employers if employees allege the circumstances providing a reasonable cause to believe that employers acted in breach of the requirement(s) of paragraph (1)(b) of this article and/or Article 37(3)(b) of this Law.

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 48(7) LC

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 48(7) LC

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 48(7) LC

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 48(7) LC

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Remarks:
  • Art. 38.8 LC states that if the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court.

Posibilidad de readmisión:

NOTE: This information has changed since the previous period covered.
Remarks:
  • Art. 38.8 LC states that If the court voids the employer’s decision for termination of the labour agreement, under the court’s decision, the employer shall restore the person, whose labour agreement was terminated, to his/her original job or provide the person with an equal job or pay such a person the compensation in the amount fixed by the court..

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 48(7) LC

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Posibilidad de readmisión: No

Remarks:
  • Although there is no provisions on the reinstatement in the Labour Code, there are some rare cases in the judicial practice.

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 47(6) and 48(5) LC.

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Posibilidad de readmisión: No

Remarks:
  • Although there is no provisions on the reinstatement in the Labour Code, there are some rare cases in the judicial practice.

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 47(6) and 48(5) LC.

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Posibilidad de readmisión: No

Remarks:
  • Although there is no provisions on the reinstatement in the Labour Code, there are some rare cases in the judicial practice.

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 47(6) and 48(5) LC.

Carga de la prueba: ambos

+ show references

Compensación por despido injustificado - libre determinación de la Corte:

Posibilidad de readmisión: No

Remarks:
  • Although there is no provisions on the reinstatement in the Labour Code, there are some rare cases in the judicial practice.

Conciliación previa obligatoria: No

Remarks:
  • Art. 48(6) of the Labour Code: An individual dispute may be settled through conciliatory procedures and individual negotiations as well as through a court.

Corte o Tribunal competente: jurisdicción ordinaria

Remarks:
  • Ordinary courts have jurisdiction over individual labour disputes.

Arbitraje:

Remarks:
  • Art. 47(6) and 48(5) LC.

Carga de la prueba: ambos