Labour Code of 2006
Date:25 May 2006;
(view in NATLEX »)
Size of enterprises excluded (≤): none
Article 1 of the Labour Code (LC)
Workers' categories excluded: none
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.
In 2009-2012, there is a reform of the Labour Code by the tripartite working group under the aegis of the ILO.
Valid reasons for FTC use: no limitation
Art. 6 LC
Maximum number of successive FTCs: no limitation
Maximum cumulative duration of successive FTCs: no limitation
Maximum probationary (trial) period (in months): 6 month(s)
Art. 9 LC
Obligation to provide reasons to the employee: Yes Valid grounds (justified dismissal): none
Art. 37 LC
Art. 2 LC
Art. 36 LC on suspension of employment during which the employment cannot be terminated.
Notification to the worker to be dismissed: written
Notice period:
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:
tenure ≥ 9 months:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
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
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
tenure ≥ 6 months: 1 month(s)
tenure ≥ 9 months: 1 month(s)
tenure ≥ 1 year: 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:
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)
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.
Compensation for unfair dismissal - free determination by court: Yes
Reinstatement available: No
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
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
Ordinary courts have jurisdiction over individual labour disputes.
Existing arbitration: Yes
Art. 47(6) and 48(5) LC.
Burden of Proof: both