FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 6 LC
The fixed term contract can be used for the following reasons: a) work of specific volume has to be fulfilled; b) seasonal work has to be fulfilled; c) the volume of work increases temporarily; d) an employee who is temporarily absent from work is replaced on the basis of a suspension of labour relations; e) there is any other objective circumstance justifying the execution of the agreement for a definite period.

Maximum number of successive FTCs: no limitation

Remarks

Art. 6 LC states that the fixed term contract may be used two or more “timesu201d if the duration of the work is 30 months.

Maximum cumulative duration of successive FTCs: 30months

Remarks

Art. 6 LC

Maximum probationary (trial) period (in months): 6 months

Remarks

Art. 9 LC
The probationary period is payable and the agreement on probationary period shall be concluded in a written form

Obligation to provide reasons to the employee: Yes Valid grounds (justified dismissal): economic reasons, worker's conduct, worker's capacity

Remarks

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: race, colour, sex, sexual orientation, religion, political opinion, social origin, nationality/national origin, age, trade union membership and activities, disability, language, property, birth, ethnic origin

Remarks

Art. 2 LC
(...) (3) Any and all discrimination in a labour and/or pre-contractual relations due to race, skin colour, language, ethnic or social belonging, nationality, origin, material status or title, place of residence, age, sex, sexual orientation, marital status, handicap, religious, social, political or other affiliation, including affiliation to trade unions, political or other opinions shall be prohibited.

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.

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:

  • All: 1 months.

tenure ≥ 9 months:

  • All: 1 months.

tenure ≥ 2 years:

  • All: 1 months.

tenure ≥ 4 years:

  • All: 1 months.

tenure ≥ 5 years:

  • All: 1 months.

tenure ≥ 10 years:

  • All: 1 months.

tenure ≥ 20 years:

  • All: 1 months.

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): Art. 38.1 LC states that if at least 100 employees’ labour agreements are terminated within 15 calendar days on the grounds stipulated by Article 37(1)(a) of this Law (massive layoff), the employer shall give the Ministry of Labour, Health, and Social Affairs of Georgia and the employees whose labour agreements are terminated, at least 45 calendar days’ written notice prior to such a massive layoff.

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

Notification to the public administration: Yes

Remarks

Art. 38.1 LC

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:

Remarks

Art. 38 LC states that:

1. In terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) of this Law, 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.
2. In terminating the labour agreement on any of the grounds stipulated by Article 37(1)(a, f, i, n) of this Law, the employer may give the employee at least three calendar days prior written notice. In such case, the employee shall be granted a severance pay of at least two months’ salary within 30 calendar days after the termination of the labour agreement.
3. If the labour agreement is terminated on the initiative of the employee on the ground stipulated by Article 37(1)(d) of this Law, the employee shall give the employer at least 30 calendar days’ prior written notice.

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

Redundancy payment:

Remarks

No specific redundancy payment - See severance pay.

tenure ≥ 6 months: 1 months

tenure ≥ 9 months: 1 months

tenure ≥ 1 year: 1 months

tenure ≥ 2 years: 1 months

tenure ≥ 4 years: 1 months

tenure ≥ 5 years: 1 months

tenure ≥ 10 years: 1 months

tenure ≥ 20 years: 1 months

Compensation for unfair dismissal - free determination by court: Yes

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.

Reinstatement available: Yes

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..

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. 48(7) LC

Burden of Proof: both