ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Site map | Contact us franšais | español
> GOVERNANCE - home > Employment protection legislation database - EPLex >

Georgia
 


Source and scope of regulations - 2011    

References
  • Labour Code of 2006
    Date: 25 May 2006 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Remarks:
  • Article 1 of the Labour Code (LC)

Workers' categories excluded: none
Remarks:
  • Article 1 of the LC "Scope of Application"
    1. This Labor Code regulates labour and subsequent relations on the territory of Georgia that are not otherwise regulated by an international agreement of Georgia or a special law.
    2. The issues related to labor relations, that are not regulated by this Code or other special law, shall be regulated by the norms of the Civil Code.


Reforms under process
In 2009-2012, there is a reform of the Labour Code by the tripartite working group under the aegis of the ILO.


Types of employment contracts - 2011    

+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • Art. 9 LC

Fixed term contract (FTC):
  • Valid reasons for FTC use: no limitation
    Remarks:
    • Art. 6 LC
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation

Substantive requirements for dismissals (justified and prohibited grounds) - 2011    

+ show references

Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): none
Remarks:
  • Art. 37 LC


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
Remarks:
  • Art. 2 LC


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


Procedural requirements for individual dismissals - 2011    

+ show references

Notification to the worker to be dismissed: no specific form required

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.

    Pay in lieu of notice: No

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2011    

    + show references

    Definition of collective dismissal (number of employees concerned):
    There is no mention of collective dismissal for economic reasons in the Labour Code.

    Prior consultations with trade unions (workers' representatives): No

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2011    

    + show references

    Severance pay:
    • tenure ≥ 6 months: 1 month(s)
    • tenure ≥ 9 months: 1 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 1 month(s)
    • tenure ≥ 4 years: 1 month(s)
    • tenure ≥ 5 years: 1 month(s)
    • tenure ≥ 10 years: 1 month(s)
    • tenure ≥ 20 years: 1 month(s)
    Redundancy payment:
    Remarks:
    • No specific redundancy payment - See severance pay.
    • tenure ≥ 6 months: 1 month(s)
    • tenure ≥ 9 months: 1 month(s)
    • tenure ≥ 1 year: 1 month(s)
    • tenure ≥ 2 years: 1 month(s)
    • tenure ≥ 4 years: 1 month(s)
    • tenure ≥ 5 years: 1 month(s)
    • tenure ≥ 10 years: 1 month(s)
    • tenure ≥ 20 years: 1 month(s)

    Notes / Remarks
    Article 39(3) of the Labour Code "Derangement of the Contract": 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.

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2011    

    + show references

    Compensation for unfair dismissal - free determination by court: Yes

    Reinstatement available: No

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

    Preliminary mandatory conciliation: 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.

    Competent court(s) / tribunal(s): ordinary courts

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

    Existing arbitration: Yes

    Remarks:
    • Art. 47(6) and 48(5) LC.

    Source of additional information - 2009    

    + show references

    Other documents

    » Labour Code of Georgia, 2006