Labour Code of Georgia
Text of the document
📑 Contents (93 articles)
Organic Law of Georgia
Labour Code of Georgia
Article 1. Scope of Application🔗
1. This Law regulates labour and related relations in the territory of Georgia, unless they are regulated differently by another special law or by international treaties of Georgia.
2. Issues related to labour relations that are not regulated by this Law or another special law shall be regulated by the norms of the Civil Code of Georgia.
3. An employment contract may not establish norms different from those provided for by this Law that worsen the employee's position.
Organic Law of Georgia No. 729 of 12 June 2013 – website, 4 July 2013.
Article 2. Labour Relations🔗
1. Labour relations is the performance of work by an employee for an employer for remuneration under conditions of the organisational regulation of labour.
2. Labour relations arise on the basis of the equality of rights of the parties by an agreement reached as a result of the free expression of will.
3. In labour and pre-contractual relations, including when publishing a vacancy announcement and at the selection stage, any kind of discrimination is prohibited on grounds of race, skin colour, language, ethnic and social belonging, nationality, origin, property or class status, place of residence, age, sex, sexual orientation, disability, belonging to a religious, public, political or other association, including a trade union, family status, political or other views, or other characteristic.
4. (removed – 29 September 2020, No. 7177)
.
4¹. (removed – 29 September 2020, No. 7177) .
5. (removed – 29 September 2020, No. 7177) .
6. (removed – 29 September 2020, No. 7177) .
7. (removed – 29 September 2020, No. 7177).
Organic Law of Georgia No. 729 of 12 June 2013 – website, 4 July 2013.
Organic Law of Georgia No. 4279 of 19 February 2019 – website, 25 February 2019.
Organic Law of Georgia No. 4549 of 3 May 2019 – website, 10 May 2019.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 3. Subjects of labour relations🔗
1. The subjects of labour relations are an employer or an association of employers and an employee or an association of employees, which is established with the aims and in the manner provided for by the Organic Law of Georgia “On Trade Unions” and Conventions No. 87 and No. 98 of the International Labour Organization (hereinafter – association of employees).
2. An employer is a natural or legal person, or an association of persons, for whom certain work is performed on the basis of an employment contract.
3. An employee is a natural person who, on the basis of an employment contract, performs certain work for the employer.
4. The subjects of individual labour relations are an employer and an employee.
5. The subjects of collective labour relations are one or more employers or one or more associations of employers and one or more associations of employees.
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Organic Law of Georgia No. 3826 of 30 November 2018 – website, 14.12.2018
Article 3¹. (removed)🔗
Organic Law of Georgia No. 195 of 28 December 2012 – website, 30.12.2012
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Article 4. Concept of labour discrimination🔗
1. For the purposes of this Law, discrimination is the deliberate or negligent distinction or exclusion of a person or the granting of an advantage to a person on the grounds of race, skin colour, language, ethnic or social belonging, nationality, origin, property or rank status, status under an employment contract, place of residence, age, sex, sexual orientation, disability, health condition, belonging to a religious, public, political or other association (including a trade union), family status, political or other opinion, or another characteristic, which aims at or results in the denial or infringement of equal opportunity or treatment in employment and professional activity.
2. For the purposes of this Law, discrimination is direct where, on the ground of any characteristic provided for by paragraph 1 of this Article, a person is treated unequally in comparison with another person who is, was or could have been the object of more favourable treatment in the same or a similar situation.
3. For the purposes of this Law, discrimination is indirect where a neutral provision, criterion or practice, on the ground of any characteristic provided for by paragraph 1 of this Article, places a person in a less favourable position in comparison with another person, except where such provision, criterion or practice is objectively justified by a legitimate aim and the means employed are necessary and proportionate for achieving that aim.
4. Where a woman and a man perform equal work, the employer shall ensure that they are paid equal remuneration for that work.
5. Harassment at the workplace (including sexual harassment) is a form of discrimination, namely, unwanted conduct towards a person conditioned by any characteristic provided for by paragraph 1 of this Article, which aims at or results in the violation of that person's dignity and the creation for that person of an intimidating, hostile, degrading, humiliating or offensive environment.
6. Sexual harassment is unwanted conduct of a sexual nature towards a person, which aims at and/or results in the violation of that person's dignity and creates for that person an intimidating, hostile, degrading, humiliating or offensive environment.
Note: For the purposes of this Law, conduct of a sexual nature is the uttering of phrases of a sexual nature to a person and/or addressing a person with such phrases, the showing of genitals and/or any other non-verbal physical conduct of a sexual nature.
7. It shall be prohibited to terminate an employment contract with an employee and/or to subject an employee to any kind of negative treatment and influence upon him/her because the employee applied to the relevant body with a statement or complaint for protection against discrimination or cooperated with that body.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 5. Scope of the Prohibition of Discrimination🔗
Discrimination is prohibited in employment relations and pre-contractual relations (including when publishing a vacancy notice and at the selection stage), in employment and professional activity. The prohibition of discrimination extends, inter alia, to:
a) selection criteria and employment conditions in pre-contractual relations, as well as access to career advancement, at all levels of professional hierarchy, regardless of field of activity;
b) access, at all levels of professional hierarchy, to all forms of professional orientation, qualification upgrading, vocational training and professional retraining (including practical professional experience);
c) conditions of work, remuneration and termination of employment relations;
d) membership in and activities of an association of employees, an association of employers, or an organization whose members belong to a specific professional group, including benefits received from this organization;
e) conditions of occupational social protection, including conditions of social security and health protection.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 6. Requirements Characteristic of the Work🔗
The necessity of a difference in respect of a person arising from the essence or specific nature of the work or the conditions of its performance shall not be considered discrimination if it serves the achievement of a legitimate aim and is a necessary and proportionate means for achieving it.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 7. Burden of Proof🔗
In the event of a dispute related to the prohibition of discrimination, the burden of proof shall be borne by the employer if the candidate or employee indicates facts and/or circumstances that create a basis for a reasonable presumption that the employer has violated the requirement on the prohibition of discrimination.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 8. Special Measures of Protection or Support🔗
Special measures implemented to meet the needs of persons who are generally recognized as needing special protection or support, taking into account age, sex, disability, family responsibilities, social or cultural status, shall not be considered discrimination.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 9. Reasonable accommodation🔗
For the purpose of protecting the principle of equal treatment in respect of a person with disabilities, in particular the principle of reasonable accommodation, the employer shall, where necessary, take appropriate measures so that a person with disabilities has an equal opportunity for access to employment, career advancement, raising of qualifications, vocational training and vocational retraining, except where such a measure imposes a disproportionate burden on the employer. This burden shall not be considered disproportionate if, in relation to the specific measure, state support programmes for persons with disabilities, benefits and/or other alternative means apply.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 10. Emergence of labour capacity and minimum age for employment🔗
1. The labour capacity of a natural person arises from the age of 16.
2. The labour capacity of a minor under 16 arises with the consent of their legal representative or the curatorship/guardianship body, if the relevant employment relationship does not contradict the interests of the minor, does not harm their moral, physical and mental development and does not restrict their right and opportunity to receive compulsory primary and basic education. The consent of the minor's legal representative or the curatorship/guardianship body remains in force with respect to a subsequent employment relationship of a similar nature as well.
3. An employment contract with a minor under 14 may be concluded only for carrying out an activity in the field of sport, art or culture, or for performing advertising work.
4. It is prohibited to conclude an employment contract with a minor for performing work related to the gambling business, a night entertainment establishment, the production, transportation and sale of erotic and pornographic products, pharmaceutical and toxic substances.
5. It is prohibited to conclude an employment contract with a minor or with a pregnant, postpartum or nursing woman for performing heavy, harmful or hazardous work.
6. It is prohibited to employ, in an institution defined by the Law of Georgia "On Early and Preschool Upbringing and Education" or the Law of Georgia "On General Education", in an institution providing any type of educational/instructional/upbringing service for minors (including an out-of-school educational and upbringing institution), in an institution (shelter) serving victims of human trafficking (trafficking), in a shelter/crisis centre defined by the Law of Georgia "On the Elimination of Violence against Women and/or Domestic Violence, Protection of and Assistance to Victims of Violence", in a specialised institution/specialised institution provided for by the Law of Georgia "On Social Assistance", a person who has been convicted for committing a crime against sexual freedom and inviolability provided for by the Law of Georgia "On Combating Crimes against Sexual Freedom and Inviolability", regardless of the removal or expungement of the conviction.
7. It is prohibited to employ, in the relevant institution defined by Georgian legislation, a person who has been convicted for committing a crime against sexual freedom and inviolability provided for by the Law of Georgia "On Combating Crimes against Sexual Freedom and Inviolability", or who, on the basis of the same law, has been deprived of the right to work in the said institution.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 11. Pre-contractual relationship and exchange of information before conclusion of an employment contract🔗
1. The employer shall have the right to obtain information about the candidate, except for information that is not related to the performance of work and is not necessary to assess the candidate's ability to perform specific work and to make an appropriate decision.
2. The candidate shall be obliged to notify the employer of any circumstance that may hinder the candidate in the performance of work or endanger the employer's interests.
3. The employer shall have the right to verify the accuracy of the information submitted by the candidate.
4. Information about the candidate obtained by the employer and information submitted by the candidate may not, without the candidate's consent, be made available to another person, except in cases provided for by Georgian legislation.
5. The candidate shall have the right to request the documents submitted by him/her if the employer has not concluded an employment contract with him/her.
6. The employer shall be obliged to provide the candidate with the following information:
a) on the work to be performed;
b) on the form (oral or written) and term (fixed-term or indefinite) of the employment contract;
c) on working conditions;
d) on the employee's legal status in employment relations;
e) on remuneration for work.
7. The pre-contractual relationship with the candidate shall be considered completed by the employer's conclusion of an employment contract with the candidate or by notification of refusal to employ.
8. The employer shall not be obliged to substantiate its decision to refuse to employ the candidate.
9. In the pre-contractual relationship, before conclusion of an employment contract, the employer shall be obliged to acquaint the candidate with the provisions defined by Georgian legislation on the principle of equal treatment of persons and the means of its protection, and also to take measures to ensure observance of the principle of equal treatment of persons at the workplace, including by reflecting provisions prohibiting discrimination in the internal labour regulations, collective agreements and other documents and ensuring their implementation.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 12. Conclusion of an Employment Contract🔗
1. An employment contract is concluded in oral or written form, for a definite or indefinite term.
2. If the duration of the employment relationship exceeds 1 month, the employment contract must be concluded in written form.
3. Except in the case where the term of the employment contract is 1 year or more than 1 year, a fixed-term employment contract is concluded only if any of the following grounds exists:
a) work of a specific volume is to be performed;
b) seasonal work is to be performed;
c) the volume of work temporarily increases;
d) an employee temporarily absent from work on the ground of suspension of the employment relationship is replaced;
e) the employment contract provides for the subsidisation of labour remuneration determined by the Law of Georgia "On Promotion of Employment";
f) there is another objective circumstance that justifies the conclusion of a fixed-term employment contract.
4. If the term of the employment contract is more than 30 months, or if the employment relationship continues as a result of concluding fixed-term employment contracts successively two or more times and its duration exceeds 30 months, it shall be considered that an open-ended employment contract has been concluded. Fixed-term employment contracts shall be considered to have been concluded successively if the existing fixed-term employment contract was extended immediately upon expiry of its term or the next fixed-term employment contract was concluded within 60 days from the expiry of the term of the first fixed-term employment contract.
5. If a fixed-term employment contract is concluded without any of the grounds provided for by paragraph 3 of this article, it shall be considered that an open-ended employment contract has been concluded.
6. The restrictions imposed by this article on the conclusion of a fixed-term employment contract shall not apply to an entrepreneur provided for by the Law of Georgia "On Entrepreneurs" if 48 months have not passed since its state registration (start-up enterprise) and it meets the additional conditions established by the Government of Georgia (if such conditions are established), provided that for the purposes of this paragraph the duration of a fixed-term employment contract may not be less than 3 months.
7. The operation of paragraph 6 of this article shall not apply to an entrepreneurial entity created as a result of reorganisation, on the basis of the transfer of assets of another entrepreneurial entity into ownership or use, or on the basis of a sham transaction.
8. Except for the case of concluding an employment contract on any of the grounds provided for by subparagraphs "a"–"f" of paragraph 3 of this article, if the employment relationship was started during the 48-month period determined by paragraph 6 of this article, after the expiry of this period it shall be considered that an open-ended employment contract has been concluded.
9. The employer shall be obliged to notify a person employed for a fixed term of existing vacancies, so that he/she has, like another employee, an equal opportunity to occupy positions existing within the framework of an open-ended employment contract.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Organic Law of Georgia No. 899 of 2 August 2021 – website, 4 August 2021.
Organic Law of Georgia No. 1039 of 1 December 2021 – website, 06.12.2021.
Article 13. Language of the employment contract🔗
A written employment contract shall be concluded in a language understandable to the parties. A written employment contract may be concluded in several languages. If a written employment contract is concluded in several languages, it shall contain a stipulation as to which language version of the employment contract is given priority in the event of a discrepancy between the provisions of the employment contracts.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 14. Content of the employment contract🔗
1. The essential terms of an employment contract are:
a) information on the parties to the employment contract;
b) the date of commencement of work and the duration of the employment relationship;
c) working time and rest time;
d) the place of work and information on the employee's various places of work, if his/her permanent or principal place of work is not determined;
e) the position (if any, the rank, grade, category, etc. shall be indicated) and the type or description of the work to be performed;
f) labour remuneration (the salary shall be indicated, as well as, if any, the supplement) and the procedure for its payment;
g) the procedure for remuneration of overtime work;
h) the duration of paid leave, the duration of unpaid leave and the procedure for granting such leave;
i) the procedure for termination of the employment relationship by the employer and the employee;
j) the provisions of collective contracts − if such provisions regulate the working conditions of employees differently.
2. The employer shall, at the request of the employee, issue a certificate of employment. This certificate shall contain data on the work performed, the labour remuneration and the term of the employment contract.
3. An employment contract may determine that the internal labour regulations form part of the employment contract. In this case, the employer shall, before the conclusion of the employment contract, make the internal labour regulations (if any) known to the person. The employer shall make any amendment made to the internal labour regulations known to the employee within 14 calendar days of its introduction.
4. If several employment contracts are concluded with an employee which only supplement and do not entirely replace one another, all the employment contracts remain in force and shall be considered as one employment contract.
5. The previous employment contract remains in force to the extent that its provisions have not been amended by the subsequent employment contract.
6. If several employment contracts are concluded with an employee which concern the same term, priority shall be given to the last employment contract.
7. A term of an individual employment contract concluded with an employee which contradicts this Law or a collective contract concluded with the same employee shall be void, except where the individual employment contract improves the employee's position.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 14¹. Use of words with content reflecting biological sex within the scope of employment relations🔗
The part of any obligation imposed within the scope of employment relations, any instruction given within the scope of employment relations and/or any agreement concluded within the scope of employment relations that, due to having content reflecting biological sex, implies refraining from the use of any word or combination of words shall be void.
Organic Law of Georgia No. 4455 of 17 September 2024 – website, 3 October 2024.
Article 15. Emergence of employment relations🔗
Employment relations arise from the moment when the employee actually starts performing work, unless otherwise provided by the employment contract.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 16. Part-time work🔗
1. A person employed on part-time work is an employee whose normal working time per week or on average over a period of employment relationship of up to 1 year is less than the normal working time of a person employed on full-time work under analogous conditions.
Note: For the purposes of this Article, a person employed on full-time work is an employee who, under an employment contract of the same type, performs the same or similar work for the same employer and is employed in the same direction, same department or service. In the absence of a person employed on full-time work under analogous conditions in the same direction, same department or service, the person employed on full-time work under analogous conditions with the same employer shall be taken into account. In the absence of such a person, the person employed on full-time work in the same field of activity shall be taken into account.
2. Different treatment in relation to working conditions of a person employed on part-time work compared with a person employed on full-time work under analogous conditions solely because this person is employed on part-time work is prohibited, except where the different treatment is justified by objective grounds.
3. Termination of an employment contract with an employee due to his/her refusal to transfer from full-time work to part-time work or from part-time work to full-time work shall be inadmissible, except where the employer has the right, subject to compliance with the relevant preconditions, to terminate the employment contract with the employee on the ground provided for by subparagraph “a” of paragraph 1 of Article 47 of this Law.
4. Where an objective possibility exists, the employer shall be obliged to:
a) take into account the employee's request to transfer from full-time work to part-time work existing with the employer;
b) take into account the employee's request, where a possibility exists, to transfer from part-time work to full-time work or to increase working time;
c) timely disseminate information on existing full-time and part-time work in order to ensure facilitation of transfer from full-time work to part-time work or from part-time work to full-time work;
d) take into account incentive measures at all levels of the organisation (including in leading/managerial positions) for the accessibility of part-time work, as well as, if appropriate, for the promotion of career advancement, vocational training and professional mobility of a person employed on part-time work.
5. The employee's right to be employed in more than one full-time or part-time work may be restricted by an employment contract if the person for whom additional work is to be performed is a competitor of the employer.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 17. Probationary period🔗
1. For the purpose of determining a person's suitability for the work to be performed, by agreement of the parties, an employment contract with a probationary period of not more than 6 months may be concluded with him only once. An employment contract with a probationary period shall be concluded only in written form.
2. Work performed during the probationary period shall be remunerated. The amount of this remuneration and the procedure for its payment shall be determined by agreement of the parties.
3. The employer shall have the right, at any time during the probationary period, to conclude a fixed-term or open-ended employment contract with the employee or to terminate the employment contract concluded with him with a probationary period.
4. The requirements provided for by Article 48 of this Law shall not apply to the case of termination of an employment contract concluded with a probationary period, unless otherwise determined by the employment contract concluded with a probationary period. In the case of termination of an employment contract concluded with a probationary period, the employee shall be paid remuneration for work in accordance with the time worked.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 18. Internship🔗
1. An intern is a natural person who performs certain work for the employer in exchange for remuneration or without it, in order to improve qualifications, acquire professional knowledge, skills or practical experience.
2. The employer shall be prohibited from using an intern's labour for the purpose of avoiding the conclusion of an employment contract. An intern shall not replace an employee. The employer shall not have the right to hire an intern in place of an employee with whom the employment relationship has been suspended and/or terminated.
3. The duration of an unpaid internship shall not exceed 6 months, and the duration of a paid internship – 1 year. A person shall have the right to undergo an unpaid internship with the same employer only once.
4. The relationship between the intern and the employer shall be governed by a written contract. This contract shall describe in detail the work to be performed by the intern.
5. All minimum standards of protection provided for by this Law (except Chapter VII of this Law) shall apply to a contract concluded with an intern. The requirements provided for by Article 48 of this Law shall not apply to the case of termination of a contract concluded with an intern, unless otherwise determined by the contract concluded with the intern.
6. The norms of this Article shall apply only if otherwise is not determined by a special law.
7. The operation of this Article shall not extend to public institutions, including legal entities of public law.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 19. Obligation to perform work personally🔗
The employee shall be obliged to perform the work personally.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 20. Change of the terms of an employment contract🔗
1. The employer has the right, by notifying the employee, to specify individual circumstances of the performance of the work provided for by the employment contract, which do not change the essential terms of the employment contract.
2. The essential terms of an employment contract may be changed only by agreement of the parties. If the employment contract does not contain any essential term, the determination of such a term is possible with the employee's consent.
3. A change of the essential terms of an employment contract conditioned by a change in the legislation of Georgia does not require the employee's consent.
4. The following change of circumstances shall not be considered a change of the essential terms of an employment contract:
a) a change by the employer of the place of performance of the work indicated to the employee, if by available public transport means no more than 3 hours per day are required for the employee to travel from the place of residence to the new place of performance of the work and back, and at the same time this does not require disproportionate expenses;
b) a change of the time of starting or finishing work by no more than 90 minutes.
5. A simultaneous change of both circumstances provided for by paragraph 4 of this article shall be considered a change of the essential terms of an employment contract.
6. If the state of health of an employee who is a pregnant, newly delivered or nursing woman, according to a medical conclusion, does not allow the possibility of performing the work provided for by the employment contract, she has the right, within the framework of reasonable accommodation, to request the performance of work corresponding to her state of health with the same employer.
7. In the event of the impossibility of alleviating the working conditions or transferring to light work of an employee who is a pregnant, newly delivered or nursing woman, taking into account the period indicated in the medical conclusion, as well as the fact of pregnancy, recent childbirth or nursing, the employee shall be released from the performance of the duties determined by the employment contract. The said period shall not be counted for her within the period of temporary incapacity for work provided for by subparagraph "i" of paragraph 2 of Article 46 and subparagraph "i" of the first paragraph of Article 47 of this Law. During the period of release from the performance of the duties determined by the employment contract, the issue of the employee's remuneration shall be determined by agreement between the employee and the employer.
8. The employee has the right, after the end of leave due to pregnancy and childbirth, leave due to child care, leave due to adoption of a newborn, to return to the same work with the same working conditions, as well as to enjoy any improved working conditions to the extent that she would have been entitled to receive had she not taken the corresponding leave.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 21. Business trip🔗
1. A business trip is a temporary change by the employer of the employee's workplace, arising from the interests of the work.
2. Sending an employee on a business trip by the employer shall not be considered a change to the essential terms of the employment contract, if the period of the business trip does not exceed 45 calendar days per year.
3. Exceeding by the employer of the period provided for by paragraph 2 of this article shall be considered a change to the essential terms of the employment contract.
4. The employer shall be obliged to fully reimburse the employee for expenses related to the business trip.
5. The norms of this article shall apply only if otherwise is not provided by the employment contract.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 22. Promotion of professional development🔗
1. The employer shall promote the improvement of the employee's qualifications.
2. After the end of leave due to pregnancy and childbirth, leave due to child care, leave due to adoption of a newborn, upon the employee's request, the employer shall be obliged to ensure the improvement of the employee's qualifications, if this is necessary for him/her to perform the work provided for by the employment contract and does not give rise to disproportionate expenses for the employer.
3. If the employer makes a decision on the employee's participation in professional retraining, improvement of qualifications or another training course, the employee's participation in this course shall be counted as working time and shall be remunerated.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 23. Internal labour rules🔗
1. The employer has the right to establish internal labour rules. It shall make the internal labour rules known to the employee.
2. The internal labour rules is a written document by which the following may be determined:
a) the duration of the working week, the time of commencement and the time of completion of work on a working day, and in the case of shift work – the duration of the shift;
b) the duration of rest;
c) the time, place and procedure for the payment of remuneration for work;
d) the duration of paid leave and the procedure for granting it;
e) the duration of unpaid leave and the procedure for granting it;
f) the rules for the protection of working conditions;
g) the types of incentives, the types of liability and the rules for their application;
h) the procedure for the consideration of an application/complaint.
3. Taking into account the specifics of the work, the employer may determine special rules by the internal labour rules.
4. The employer shall take measures to ensure the observance of the principle of equal treatment of employees in the institution, including by reflecting anti-discrimination provisions in the internal labour rules and other documents and ensuring their implementation.
5. The employer shall facilitate the realisation of the rights of persons with disabilities at the place of employment, including, within the framework of reasonable accommodation, by observing and fulfilling the mandatory standards/normatives provided for by Article 36 of the Law of Georgia on the Rights of Persons with Disabilities.
6. A provision of the internal labour rules that contradicts this Law, an individual employment contract or a collective contract shall be void.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020
Article 24. Duration of Working Time🔗
1. Normal working time is any period of time during which the employee works under the employer's direction and performs his/her activity and/or fulfils his/her duties. Break time and rest time shall not be counted as working time.
2. The duration of normal working time shall not exceed 40 hours per week.
3. In an enterprise with a specific work regime, where there is a continuous regime of production/work process lasting more than 8 hours, the duration of normal working time shall not exceed 48 hours per week. The Government of Georgia, after consultation with social partners, shall determine the list of sectors with a specific work regime.
4. The duration of the employee's continuous rest between working days/shifts shall not be less than 12 hours.
5. If during a working day the duration of working time exceeds 6 hours, the employee shall have the right to a break. The duration of the break shall be determined by agreement of the parties. If during a working day the duration of working time is at least 6 hours, the duration of the break shall be at least 60 minutes.
6. An employee who is a nursing woman and feeds a child under 1 year shall, upon her request, be granted an additional break for feeding the child during the working day of not less than 1 hour. The break for feeding the child shall be counted as working time and shall be paid.
7. In addition to the 12-hour daily rest time provided for by paragraph 4 of this article, the employer shall ensure that the employee rests for at least 24 continuous hours within a 7-day period. By agreement of the parties, the employee may, within a period of not more than 14 days, take 24-hour rest time twice in succession.
8. The working time of a minor from 16 to 18 years of age shall not exceed 36 hours per week and 6 hours during a working day.
9. The working time of a minor from 14 to 16 years of age shall not exceed 24 hours per week and 4 hours during a working day.
10. The legal representative or supporter of a person with disabilities shall have the right, in addition to rest days, once a month to take an additional paid rest day or to agree with the employer on working time different from that provided for by the internal labour regulations.
10¹. A person who is a donor of blood or its component shall have the right to be released from work at the time of donating blood or its component. The employer shall, upon prior agreement, release the employee without hindrance to donate blood or its component. The working hours missed by the employee for the purpose of donating blood or its component shall, upon submission of documentation confirming the donation of blood or its component, be considered excused and the employee shall retain remuneration for work.
11. The employer shall record, in writing and/or electronically, the time worked by employees on a working day and shall make the monthly document recording working time (hours worked) available to the employee, except where, given the specifics of the organisation of work, this is impossible. The employer shall keep the document recording working time (hours worked) for 1 year. The form of recording working time shall be determined by the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia (hereinafter – the Minister) after consultation with social partners.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Organic Law of Georgia No. 2401 of 15 December 2022 – website, 27.12.2022.
Article 25. Working time determined for shift work🔗
1. If the employer's activity involves a continuous 24-hour production/work process, the parties shall be entitled to conclude an employment contract on shift work, subject to the conditions of paragraph 4 of Article 24 of this Law and provided that the employee is given adequate rest time for the hours worked.
2. Shift work is a method of organising working time whereby employees successively replace one another in the same job in accordance with a defined schedule, including a rotational plan, so that the production/work process may be continued for longer than the length of the working week established for the employee.
3. Working in two consecutive shifts is prohibited.
4. Shift work and the transition from one shift to another shall be determined by a shift schedule approved by the employer, taking into account the specifics of the work. The employee shall be notified of a change in the shift schedule at least 10 days in advance, if, given extreme production necessity, this is not impossible.
5. The rules for regulating working time in the mining and extraction sector shall be determined by the Minister after consultation with social partners.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 26. Rules for summarised recording of working time🔗
Taking into account working conditions, where it is impossible to comply with the daily or weekly duration of working time, the introduction of a summarised recording of working time shall be permissible.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 27. Overtime work🔗
1. Overtime work is the performance of work by an employee, by agreement of the parties, during a period of time the duration of which exceeds the standardised working time. The duration of overtime work performed by a minor during a working day shall not in total exceed 2 hours, and during a working week in total − 4 hours.
2. Overtime work shall be remunerated at an increased hourly rate of remuneration. The amount of this remuneration shall be determined by agreement of the parties. Overtime work shall be remunerated together with the monthly remuneration payable after the performance of the overtime work.
3. The parties may agree to grant the employee proportionate additional rest time in exchange for remuneration for overtime work. The employee shall be granted additional rest time no later than 4 weeks after the performance of the overtime work, unless otherwise determined by agreement of the parties.
4. The employer shall be obliged to notify the employee in writing 1 week in advance of the overtime work to be performed, except in the case where, proceeding from the employer's objective need, such notification is impossible.
5. The employee shall be obliged to perform overtime work:
a) to prevent a natural disaster and/or to eliminate its consequences − without overtime remuneration;
b) to prevent an industrial accident and/or to eliminate its consequences − with overtime remuneration.
6. In the case provided for by paragraph 5 of this Article, it shall be prohibited to engage in overtime work, without her/his consent, an employee who is a pregnant, newly delivered or nursing woman, a person with disabilities, a minor, a legal representative or supporter of a person with disabilities, or who has a child under 3 years of age.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 28. Restriction of employment on night work🔗
1. For the purposes of this Law, night time means the period from 22:00 to 6:00.
2. A person employed on night work is any person who, within the daily standardised working time, during night time, normally works not less than 3 hours, and any person who works a specified proportional part of the annual working time during night time. The proportional rate of night work in the annual working time shall be determined by the Minister after consultation with the social partners.
3. It is prohibited to employ a minor, a pregnant, a woman who has recently given birth or a nursing woman on night work. It is prohibited to employ a person with disabilities or a person who has a child under 3 years of age on night work without his/her consent.
4. In heavy, harmful or hazardous working conditions, the maximum working time within 24 hours for a person employed on night work shall not exceed 8 hours. This rule shall not apply to shift work.
5. At the request of a person employed on night work, the employer shall be obliged to ensure, at his/her own expense, that the person undergoes a preliminary (pre-employment) and subsequent periodic medical examination in compliance with the principle of medical confidentiality. The periodicity and scope of this medical examination shall be determined by the Minister after consultation with the social partners.
6. Where a person employed on night work has, according to a medical opinion, a health-related problem due to the performance of night work, the employer shall, where possible, transfer him/her to suitable day work.
Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 29. Right to undergo medical examinations🔗
1. A pregnant woman shall, on the basis of her request, be granted additional time for undergoing a medical examination, if this examination is to be conducted during working time.
2. Working hours missed by a pregnant woman due to undergoing medical examinations shall, upon submission of documentation confirming the conduct of these examinations, be considered excused and her remuneration shall be retained.
Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 30. Public holidays🔗
1. Public holidays are:
a) 1 and 2 January – New Year holidays;
b) 7 January – the day of the Nativity of our Lord Jesus Christ;
c) 19 January – Epiphany – the day of the Manifestation of our Lord Jesus Christ;
d) 3 March – Mother's Day;
e) 8 March – International Women's Day;
f) 9 April – the day of the adoption of the Act on the Restoration of the State Independence of Georgia, the day of National Unity of Georgia, Civil Accord and Commemoration of those who died for the homeland;
g) Easter days – Good Friday, Holy Saturday, the day of the Glorious Resurrection of our Lord Jesus Christ; the day of commemoration of the deceased – the second day of Easter, Monday (the dates are movable);
h) 9 May – Victory over Fascism Day;
i) 12 May − the day of the allotment of Georgia to the Most Holy Theotokos, the day of commemoration of the founder of the Georgian Church as an Apostolic See – Saint Andrew the Apostle – the day of hope;
i¹) 17 May – the day of the sanctity of the family and respect for parents;
j) 26 May – Independence Day of Georgia;
k) 28 August – the day of the Dormition of the Most Holy Theotokos (Mariamoba);
l) 14 October – the day of Mtskhetoba (Svetitskhovloba, the Feast of the Robe);
m) 23 November – Saint George's Day.
2. An employee has the right, instead of the public holidays provided for by this Law, to request other days of rest, which shall be determined by the employment contract.
3. In addition to the public holidays provided for by this Law, other public holidays may also be determined by a Resolution of the Government of Georgia. The employer has the right to require the employee to perform work, instead of a public holiday determined by a Resolution of the Government of Georgia, on the next day of rest provided for by paragraph 7 of Article 24 of this Law.
4. Performance of work by an employee on the public holidays provided for by paragraph 1 of this Article shall be considered overtime work and the conditions for its remuneration shall be determined in accordance with the procedure established by paragraphs 2 and 3 of Article 27 of this Law.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Organic Law of Georgia No. 4455 of 17 September 2024 – website, 03.10.2024.
Article 31. Duration of leave🔗
1. An employee shall have the right to enjoy paid leave – at least 24 working days per year.
2. An employee shall have the right to enjoy unpaid leave – at least 15 calendar days per year.
3. An employee shall be granted additional paid leave:
a) for work in heavy, harmful or hazardous conditions – 10 calendar days per year;
b) when participating in measures related to a state of war and/or a state of emergency, an emergency situation, after their completion, on a one-time basis − not more than 15 calendar days;
c) after the expiry of the rotation period in a peacekeeping operation and return to Georgia − 30 calendar days.
4. An employment contract may determine terms and conditions different from those provided for by this Article. These terms and conditions shall not worsen the employee's situation.
5. When an employment contract is terminated at the employer's initiative, the employer shall be obliged to compensate the employee for unused leave in proportion to the duration of the employment relationship.
6. Void shall be that condition of an employment contract by which the right to enjoy paid leave annually is waived or denied.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Organic Law of Georgia of 21 September 2023 No. 3542 – website, 12.10.2023.
Article 32. Rule for granting leave🔗
1. An employee shall acquire the right to request leave after 11 months of work. By agreement of the parties, leave may be granted to the employee before the expiry of the said period as well.
2. By agreement of the parties, from the second year of work, leave may be granted to the employee at any time during the working year.
3. By agreement of the parties, the employee may use leave in parts.
4. The period of temporary incapacity for work, leave due to pregnancy, childbirth and childcare, leave due to the adoption of a newborn and additional leave due to childcare shall not be counted in leave.
5. Unless otherwise determined by an employment contract, the employer shall have the right to establish the order of granting paid leave to employees during the year.
6. The conditions determined by paragraphs 1 and 5 of this Article shall not apply to the cases provided for by subparagraphs „b“ and „c“ of paragraph 3 of Article 31 of this Law.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Organic Law of Georgia of 21 September 2023 No. 3542 – website, 12.10.2023.
Article 33. Obligation to give the employer prior notice when taking unpaid leave🔗
When taking unpaid leave, the employee shall be obliged to notify the employer 2 weeks in advance of taking the said leave, except in the case where, due to an urgent medical need or family circumstances, notification is impossible.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 34. Emergence of the right to request leave🔗
1. In the period calculated for the emergence of the right to request leave, the time actually worked by the employee shall be counted, as well as the time of forced suspension caused by the employer's fault.
2. In the period calculated for the emergence of the right to request leave, the time of absence from work by the employee for an unjustified reason or unpaid leave of more than 7 working days shall not be counted.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 35. Exceptional cases of postponement of paid leave🔗
1. If granting paid leave to the employee in the current year may have a negative impact on the normal conduct of the work process, with the employee's consent, postponement of the leave to the following year shall be permissible. Postponement of paid leave of a minor to the following year shall be prohibited.
2. Postponement of paid leave to the following year for 2 consecutive years shall be prohibited.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 36. Leave pay of the employee🔗
The leave pay of the employee shall be determined from the average remuneration for labour of the 3 months preceding the leave, if the time worked since the commencement of work by him/her or since the last leave is less than 3 months – from the average remuneration for labour of the months worked, and if he/she receives a monthly fixed remuneration for labour – according to the remuneration for labour of the last month.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 37. Leave due to pregnancy and childbirth, leave due to child care🔗
1. An employee, upon his/her request, shall be granted paid leave due to pregnancy and childbirth of 126 calendar days, and in the case of childbirth complications or the birth of twins — of 143 calendar days.
2. An employee shall have the right to distribute the leave provided for by paragraph 1 of this article, at his/her discretion, over the periods before and after childbirth.
3. An employee, upon his/her request, shall be granted leave due to child care of 604 calendar days, and in the case of childbirth complications or the birth of twins — of 587 calendar days. Of this leave, 57 calendar days shall be paid.
4. The leave due to child care provided for by paragraph 3 of this article may be used in full or in part by the child's mother or father. The enjoyment of the leave due to pregnancy and childbirth provided for by paragraph 1 of this article shall be the exclusive right of the child's mother, however the child's father shall have the right to use those days of the said leave which the child's mother has not used.
5. When taking leave due to child care, an employee shall be obliged to notify the employer 2 weeks in advance of taking the said leave. An employee shall use the leave due to pregnancy and childbirth and the paid part of the leave due to child care consecutively, for 183 or 200 calendar days, respectively.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 38. Leave due to adoption of a newborn🔗
An employee who has adopted a child under 1 year of age, upon his/her request, shall be granted leave due to adoption of a newborn of 550 calendar days from the birth of the child. Of this leave, 90 calendar days shall be paid.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 39. Remuneration of leave due to pregnancy and childbirth, leave due to child care and leave due to adoption of a newborn🔗
Leave due to pregnancy and childbirth, leave due to child care and leave due to adoption of a newborn shall be remunerated from the State Budget of Georgia, in accordance with the procedure established by the legislation of Georgia. The amount of the monetary assistance to be given for the period of paid leave due to pregnancy and childbirth and paid leave due to child care, as well as paid leave due to adoption of a newborn, shall be determined by a Resolution of the Government of Georgia. The employer and the employee may agree on additional remuneration of the said leaves.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Organic Law of Georgia No. 2438 of 16 December 2022 – website, 27.12.2022.
Article 40. Additional leave due to childcare🔗
1. On the basis of his/her request, in full or in parts, but not less than 2 weeks per year, an employee shall be granted additional unpaid leave of 12 weeks due to childcare, until the child reaches 5 years of age.
2. Additional leave due to childcare may be granted to an employee who actually cares for the child.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 41. Form, amount and time of payment of remuneration for labour🔗
1. Remuneration for labour is basic or minimum remuneration or wage or any other remuneration paid in monetary form or in kind and which the employee receives directly or indirectly from the employer in exchange for the performance of work.
2. The form and amount of remuneration for labour shall be determined by the employment contract.
3. Remuneration for labour shall be paid at least once a month.
4. The employer shall be obliged, for each day of delay of any remuneration or settlement, to pay the employee 0.07 percent of the delayed amount. This rule shall not apply to the remuneration for forced downtime provided for by paragraph 9 of Article 48 of this Law.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 42. Remuneration for labour during forced absence from work🔗
1. Unless otherwise determined by the employment contract, during forced absence from work caused by the employer's fault, the employee shall be paid remuneration for labour in full.
2. Forced absence from work caused by the employee's fault shall not be remunerated.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 43. Deduction from remuneration for labour🔗
1. The employer shall have the right to deduct from the employee's remuneration for labour an amount paid in excess or any other amount which, arising from the employment relationship, the employee is to pay to him.
2. The total amount to be deducted at one time from the employee's remuneration for labour shall not exceed 50 percent of the remuneration for labour.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 44. Final settlement upon termination of the employment relationship🔗
Upon termination of the employment relationship with the employee, the employer shall be obliged to make the final settlement not later than 7 calendar days from its termination, unless otherwise determined by the employment contract or by law.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 45. Right to be provided with a safe and healthy working environment🔗
1. The employer shall provide the employee with a working environment that is maximally safe and healthy for the employee's life and health.
2. The employer shall, within a reasonable time, provide the employee with the complete, objective and comprehensible information at his disposal about all factors that affect the employee's life and health or the safety of the natural environment.
3. The employee shall have the right to refuse to perform work, an assignment or an instruction that contradicts the law or, due to the failure to ensure labour safety conditions, poses a clear and substantial threat to his or a third person's life and health, property or the safety of the natural environment. The employee shall immediately notify the employer of the circumstance because of which he refuses to perform the obligation assumed under the employment contract.
4. The employer shall introduce a preventive system ensuring labour safety and shall timely provide the employee with appropriate information about the risks related to labour safety and the measures to be taken for their prevention, as well as the rules for handling hazardous equipment; at the same time, if necessary, provide the employee with personal protective equipment, replace dangerous devices, in accordance with technological progress, in a timely manner with safe or less dangerous devices, and take all other reasonable measures to protect the employee's safety and health.
5. The employer shall take all reasonable measures for the timely localization and liquidation of the consequences of an industrial accident, for the provision of first aid and evacuation.
6. The employer shall fully compensate the employee for damage caused by deterioration of health related to the performance of work and for the expenses of necessary treatment.
7. The employer shall ensure the protection of a pregnant woman from such work as poses a threat to her or the fetus's well-being, physical and mental health.
8. The list of heavy, harmful and hazardous-condition works, labour safety rules, including the cases and rules for conducting mandatory periodic medical examination of the employee at the employer's expense, shall be determined by the legislation of Georgia.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 46. Suspension of employment relationship🔗
1. Suspension of an employment relationship is the temporary non-performance of the work provided for by an employment contract, which does not result in termination of the employment relationship.
2. The grounds for suspension of an employment relationship are:
a) strike;
b) lockout;
c) exercise of the active electoral right and/or the passive electoral right;
d) appearance before an investigative, prosecution or court body in the cases provided for by the procedural legislation of Georgia;
e) conscription of persons liable for military service into national military service or into non-military, alternative labour service;
f) conscription into reserve military service;
g) leave due to pregnancy and childbirth, leave due to childcare, leave due to adoption of a newborn, additional leave due to childcare;
h) placement of a victim of violence against women and/or domestic violence in a shelter and/or a crisis centre, if she is no longer able to perform her official duties, but for not more than 30 calendar days per year;
i) temporary incapacity for work, if its term does not exceed 40 consecutive calendar days or the total term within 6 months does not exceed 60 calendar days;
j) upgrading of qualifications, professional retraining or study, the duration of which shall not exceed 30 calendar days per year;
k) unpaid leave;
l) paid leave.
3. In the event of an employee submitting a request for suspension of the employment relationship on a ground provided for by paragraph 2 of this Article (except for subparagraph „b“ of paragraph 2 of this Article), the employer shall suspend the employment relationship for a reasonable period. The employment relationship shall be considered suspended from the submission of the said request until the elimination of the relevant ground for its suspension.
4. In the event of suspension of an employment relationship, except for the cases provided for by subparagraphs „f“ and „l“ of paragraph 2 of this Article, the employee shall not be paid remuneration for work, unless otherwise determined by the legislation of Georgia or an employment contract.
5. In the cases provided for by the procedural legislation of Georgia, the expenses related to appearance before an investigative, prosecution or court body shall be reimbursed from the State Budget of Georgia, in accordance with the procedure established by the legislation of Georgia.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Organic Law of Georgia No. 3542 of 21 September 2023 – website, 12.10.2023
Article 47. Grounds for termination of the employment contract🔗
1. The grounds for termination of the employment contract are:
a) economic circumstances, technological or organizational changes that make reduction of the workforce necessary;
b) expiry of the term of the employment contract;
c) performance of the work provided for by the employment contract;
d) leaving of the position/work by the employee of his/her own will, on the basis of a written application;
e) written agreement of the parties;
f) inconsistency of the employee's qualification or professional skills with the position held/work performed by him/her;
g) gross violation by the employee of an obligation imposed on him/her by an individual employment contract or a collective contract and/or internal labour rules;
h) violation by the employee of an obligation imposed on him/her by an individual employment contract or a collective contract and/or internal labour rules, if within the last 1 year any measure of disciplinary liability provided for by the individual employment contract or the collective contract and/or internal labour rules has already been applied to him/her;
i) unless otherwise determined by the employment contract − long-term incapacity for work, if its duration exceeds 40 consecutive calendar days or the total duration within 6 months exceeds 60 calendar days, and at the same time the employee has used the leave provided for by Article 31 of this Law;
j) entry into legal force of a court judgment or other decision that excludes the possibility of performing the work;
k) a decision adopted by the court in accordance with paragraph 3 of Article 67 of this Law and entered into legal force, declaring the strike unlawful;
l) death of the employer natural person or of the employee;
m) commencement of liquidation proceedings of the employer legal entity;
n) another objective circumstance that justifies termination of the employment contract.
2. Violation of an obligation imposed by internal labour rules, provided for by subparagraphs „g“ and „h“ of paragraph 1 of this Article, may become a ground for termination of the employment contract only if the internal labour rules are part of the employment contract.
3. In the case of termination of the employment contract on the ground provided for by subparagraph „n“ of paragraph 1 of this Article, the employer shall be obliged to substantiate, in the written notice determined by paragraph 1 or 2 of Article 48 of this Law, the objective circumstance which, in its opinion, justifies the termination of the employment contract.
4. The legal representative of a minor or the curatorship/guardianship body shall have the right to demand termination of the employment contract with the minor, if continuation of the work will cause harm to the life, health or other significant interests of the minor.
5. Termination of the employment contract shall be inadmissible:
a) on a ground other than the ground provided for by paragraph 1 of this Article;
b) on the ground of discrimination provided for by Article 4 of this Law;
c) during the period determined by subparagraph “g” of paragraph 2 of Article 46 of this Law, from the notification by a female employee to the employer about her pregnancy, except in the case of termination of the employment contract on the ground provided for by subparagraphs “b”, “c”, “d”, “e”, “g”, “h”, “j” or “l” of paragraph 1 of this article;
d) due to the call-up of the employee to national military service of conscripts, non-military alternative labour service, or reserve military service, and/or during the period of the employee's service in national military service of conscripts, non-military alternative labour service, or reserve military service, except in the case of termination of the employment contract on the ground provided for by subparagraphs “b”, “c”, “d”, “e”, “g”, “h”, “j” or “l” of paragraph 1 of this article;
e) during the period of the employee's service as a juror in court, except in the case of termination of the employment contract on the ground provided for by subparagraphs “b”, “c”, “d”, “e”, “g”, “h”, “j” or “l” of paragraph 1 of this article.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Organic Law of Georgia No. 3542 of 21 September 2023 – website, 12 October 2023.
Article 48. Rule for termination of the employment contract🔗
1. When the employer terminates the employment contract on the ground provided for by subparagraphs „a“, „f“, „i“ or „n“ of paragraph 1 of Article 47 of this Law, he/she shall be obliged to warn the employee at least 30 calendar days in advance by sending a prior written notice. In this case, the employee shall be given compensation in the amount of not less than 1 month's remuneration.
2. When the employer terminates the employment contract on the ground provided for by subparagraphs „a“, „f“, „i“ or „n“ of paragraph 1 of Article 47 of this Law, the employer is entitled to warn the employee at least 3 calendar days in advance by sending a prior written notice. In this case, the employee shall be given compensation in the amount of not less than 2 months' remuneration.
3. When the employment contract is terminated at the initiative of the employee on the ground provided for by subparagraph „d“ of paragraph 1 of Article 47 of this Law, he/she shall be obliged to warn the employer at least 30 calendar days in advance by sending a prior written notice.
4. The employee has the right, within 30 calendar days from receipt of the employer's notice on termination of the employment contract, to send him/her a written notice requesting a written substantiation of the ground for termination of the employment contract.
5. The employer shall be obliged, within 7 calendar days from the submission of the request by the employee, to substantiate in writing the ground for termination of the employment contract.
6. The employee has the right, within 30 calendar days from receipt of the employer's written substantiation, to appeal to court the employer's decision on termination of the employment contract. In the event of the court refusing to admit the claim filed by the employee or leaving the claim unexamined, the employee has the right to apply again to the court with the same claim within 30 calendar days from the delivery to him/her of the ruling on refusal to admit the claim or of the ruling on leaving the claim unexamined.
7. If the employer does not substantiate in writing the ground for termination of the employment contract within 7 calendar days from the submission of the request by the employee, the employee has the right, within 30 calendar days, to appeal to court the employer's decision on termination of the employment contract. In this case, the burden of proving the factual circumstances of the dispute shall be borne by the employer. If the employee does not request from the employer the written substantiation of the ground for termination of the employment contract provided for by paragraph 4 of this Article, the employee has the right to appeal to court the employer's decision on termination of the employment contract within 30 calendar days from receipt of the employer's notice on termination of the employment contract.
8. In the event of the court declaring invalid the employer's decision on termination of the employment contract, by a court judgment, the employer shall be obliged to reinstate in the original workplace the person whose employment contract was terminated, or provide him/her with equivalent work, or pay him/her compensation in the amount determined by the court.
9. The employee shall have the right, in addition to reinstatement in the original or equivalent workplace provided for by paragraph 8 of this Article or payment of compensation imposed instead thereof, to demand remuneration for forced absence from the date of termination of the employment contract until the date of enforcement of the court judgment that has entered into legal force on declaring invalid the employer's decision on termination of the employment contract. When determining the remuneration for forced absence, the court shall take into account the compensation given by the employer to the employee in accordance with paragraph 1 or 2 of this Article.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 5 October 2020.
Article 49. Mass dismissal🔗
1. Mass dismissal shall be considered termination by the employer of employment contracts within 30 calendar days on a ground not conditioned by the employee's person or conduct or by the expiry of the employment contract:
a) with not fewer than 10 employees − in an organisation in which the number of employees is more than 20 but fewer than 100;
b) with not fewer than 10 per cent of the employees − in an organisation in which the number of employees is more than 100.
2. If the employer plans a mass dismissal, it shall be obliged to start consultations within a reasonable time with the employees' association (in its absence − with the employees' representatives) with the intention of reaching a possible agreement. The consultations shall at least cover the ways and means of avoiding the mass dismissal or reducing the number of employees to be dismissed and the possibility of supporting the re-employment of the dismissed employees or their retraining.
3. The employer shall be obliged, not less than 45 calendar days before the mass dismissal, to send written notification to the Minister and to those employees whose employment contracts will be terminated. The employer shall be obliged to send a copy of the notification sent to the Minister to the employees' association (in its absence − to the employees' representatives). The mass dismissal shall enter into force 45 calendar days after the sending of the said notification to the Minister.
4. Employees shall be given the opportunity to submit constructive proposals. The employer shall be obliged to notify the employees' association (in its absence − the employees' representatives) in writing of the following information: the reasons for the planned mass dismissal, the number and category of employees to be dismissed, the total number and categories of employees in the organisation, the period of time during which the mass dismissal will be carried out, the criteria by which the selection of the employees to be dismissed is made and compensation is paid to them.
5. The employer shall be obliged to send to the Minister a copy of the written notification about the information provided for by paragraph 4 of this Article, sent to the employees' association (in its absence − to the employees' representatives).
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 50. Transfer of Undertaking🔗
1. For the purposes of this Law:
a) transfer of an undertaking means transfer, on the basis of a transaction or law, of an undertaking or business or part of an undertaking or business to another employer, which, inter alia, implies the transfer of an economic activity in the course of which its identity and/or essential similarity is preserved and which involves an organised grouping of resources for the performance of principal and ancillary economic activities;
b) transferor undertaking means a natural person, legal entity or association of persons whose employer status in relation to the undertaking or business or part of the undertaking or business is terminated as a result of the transfer of the undertaking;
c) transferee undertaking means a natural person, legal entity or association of persons that acquires employer status as a result of the transfer of the undertaking.
2. Termination of an employment contract by the transferor of the undertaking or the transferee of the undertaking on the ground of the transfer of the undertaking shall be inadmissible. This does not exclude the right to terminate an employment contract on the ground provided for by subparagraph "a" of paragraph 1 of Article 47 of this Law, subject to compliance with the relevant preconditions.
3. The rights and obligations of the transferor undertaking arising from an employment relationship existing at the date of transfer of the undertaking shall be transferred to the transferee undertaking on the ground of the transfer of the undertaking.
4. Failure by the transferor undertaking to notify the transferee undertaking of the rights or obligations arising from an existing employment relationship does not exclude the transfer of these rights or obligations and the transfer of the employees' rights related thereto vis-à-vis the transferor undertaking or the transferee undertaking.
5. As a result of the transfer of the undertaking, the transferee undertaking shall be obliged, until the expiry or early termination of the collective agreement or until the entry into force of a new collective agreement, to perform the terms provided for by the collective agreement. These terms shall apply to the transferee undertaking to the same extent as they applied to the transferor undertaking. The said obligation shall be in effect for 1 year from the date of transfer of the undertaking.
6. If an undertaking or business or part of an undertaking or business retains its autonomy, the employees' association representing the employees affected by the transfer of the undertaking shall retain the status and function existing before the date of transfer of the undertaking for the same term and under the same conditions.
7. The transferor undertaking and the transferee undertaking shall be obliged to provide to the employees' association representing the employees affected by the transfer of the undertaking the following information: the date of transfer of the undertaking, the reasons for the transfer of the undertaking, the legal, economic and social consequences of the transfer of the undertaking for the employees, and information on the measures being implemented in respect of the employees. In the absence of an employees' association, the said information must in any case be provided in advance to the employees and/or employees' representatives.
8. The transferring enterprise shall be obliged to provide the information provided for by paragraph 7 of this article to the employees' association 30 days before the date of transfer of the enterprise. The receiving enterprise shall be obliged to provide the said information to the employees' association within a reasonable time, but not less than 30 days before the day when the transfer of the enterprise affects the employees' working conditions.
9. If the transferring enterprise or the receiving enterprise plans to carry out measures in respect of employees, it shall be obliged to hold consultations with the employees' representatives not less than 30 days in advance regarding the said measures with the intention of reaching an agreement.
10. Responsibility for termination of the employment contract shall be borne by the receiving enterprise if the employment contract is terminated on the ground that the transfer of the enterprise entails a change in working conditions to the detriment of the employees.
11. This article shall not apply to the case of transfer of an enterprise in the event of insolvency of the enterprise within the framework of the Law of Georgia "On Rehabilitation and Collective Satisfaction of Creditors".
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Organic Law of Georgia No. 100 of 28 January 2021 – website, 29.01.2021.
Article 51. Continuation of work at the employer's instruction🔗
If the term of the employment contract has expired, but, due to the nature of the work, immediate cessation of work would cause significant damage and endanger human health, the employee shall be obliged, at the employer's instruction, to continue working until such situation ends, and the employer shall be obliged to give him/her remuneration for work.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 52. General Provisions🔗
1. An employee and an employer shall have the right, without prior permission, to form an association and/or become a member of another association.
2. An employers' association and an employees' association shall have the right to develop their own statutes and regulations, establish governing bodies, elect representatives and conduct their activities.
3. An employers' association and an employees' association shall have the right to form a federation, a confederation and to join it. The said association, federation or confederation shall have the right to join an international employers' association or an international employees' association.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 53. Prohibition of discrimination on the ground of membership in an employees' association🔗
1. Discrimination of an employee on the ground of membership in an employees' association or participation in the activities of this association and/or other action aimed at:
a) hiring an employee or retaining employment for the employee in exchange for refusing to join an employees' association or leaving this association;
b) termination of the employment relationship with an employee or otherwise harassing the employee on the ground of membership in an employees' association or participation in the activities of this association.
2. During working time, an employee may participate in the activities of an employees' association by agreement with the employer.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 5 October 2020.
Article 54. Prohibition of interference in the activities of an employers' association and an employees' association🔗
1. Any form of interference by an employers' association and an employees' association, their members and representatives in each other's activities is prohibited.
2. For the purposes of this article, interference in the activities of an employers' association or an employees' association means any action aimed at obstructing the activities of the said association by financial or other means in order to exercise control over it.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 5 October 2020.
Article 55. General provisions🔗
1. A collective agreement is concluded between one or more employers/one or more employers' associations and one or more employees' associations.
2. A collective agreement:
a) determines working conditions;
b) regulates relations between the employer and the employee;
c) regulates relations between one or more employers/one or more employers' associations and one or more employees' associations.
3. The parties themselves determine the terms of the collective agreement.
4. In the event that one of the parties submits an initiative to conclude a collective agreement, the parties are obliged to conduct negotiations in good faith.
5. During the negotiation process, the parties provide each other with information on issues related to the negotiations. A party has the right not to provide confidential information to the other party, and in the case of providing confidential information and/or other information − to demand that the confidentiality of this information be protected.
6. Interference by state and municipal bodies in the process of concluding a collective agreement is inadmissible. A collective agreement concluded through their interference is void.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 5 October 2020.
Article 56. Representation🔗
1. For the purpose of concluding or terminating a collective contract, changing its terms or protecting the rights of employees, an association of employees shall act through a representative.
2. Representation shall be confirmed in accordance with the procedure determined by the relevant association of employees.
3. Any capable natural person may be a representative of an association of employees.
4. A representative of an association of employees shall act only in the interests of those employees who have granted him/her the right of representation.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 57. Collective contract🔗
1. A collective contract shall be concluded only in written form.
2. A collective contract shall be concluded for a definite or an indefinite term.
3. A collective contract concluded for a definite term shall provide for the date of its entry into force and the date of expiry of the term.
4. A collective contract concluded for an indefinite term shall provide for provisions on its review, amendment and termination.
5. The existence of a collective contract does not restrict the right of the employer or the employee to terminate the employment relationship. This does not result in the termination of the employment relationship with other employees who are parties to the said contract.
6. The subjects of a collective contract shall be precisely defined by this contract.
7. Obligations provided for by a collective contract shall extend to its parties. If a collective contract is concluded between an employer and one or more associations of employees and more than 50 per cent of the employees working in the relevant enterprise are members of that association, another employee working in the same enterprise has the right to submit to the employer a written request that he/she also become a party to that collective contract. The employer shall be obliged to satisfy the said written request within 30 calendar days of its receipt. This paragraph does not prohibit another association of employees, which unites less than 50 per cent of the employees working in that enterprise, from conducting separate negotiations with the employer and concluding a separate collective contract.
8. The provisions of a collective contract are an integral part of the individual employment contracts of the employees provided for by this contract.
9. A condition of a collective contract that contradicts this Law shall be void.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 58. Material liability for damage caused🔗
In an individual employment relationship, damage caused by one party to the other party shall be compensated in accordance with the procedure established by the legislation of Georgia.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 59. Written contract on liability🔗
1. A written contract may determine the type and scope of the individual liability of an employee, if this follows from the specifics of the work.
2. A written contract on full material liability may be concluded with an adult employee who carries out the storage, processing, sale (transfer), transportation or use in the production process of valuables transferred to him/her.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 60. Restrictions provided for by an employment contract🔗
1. An employment contract may determine the obligation of an employee not to use the knowledge and qualifications acquired in the performance of the terms of the employment contract for the benefit of a competing employer of his/her employer. This restriction may be applied for 6 months after the termination of the employment relationship, provided that during the period of effect of this restriction the employer pays the employee remuneration in an amount not less than that existing at the time of termination of the employment relationship.
2. The restriction provided for by paragraph 1 of this article may not be imposed on an employee working in the field of education, science or culture.
3. Damage caused in violation of the requirements provided for by this article shall be compensated in accordance with the procedure established by the legislation of Georgia.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 61. Dispute🔗
1. A dispute is a disagreement arising in the course of an employment relationship, the resolution of which falls within the lawful interests of the parties to the employment contract.
2. A dispute arises by a party sending the other party written notice of the disagreement.
3. The grounds for the arising of a dispute may be:
a) violation of human rights and freedoms provided for by the legislation of Georgia;
b) violation of an individual employment contract, a collective contract or working conditions;
c) a disagreement between an employee and an employer related to the essential terms of the individual employment contract concluded between them and/or to the terms of a collective contract. This disagreement shall be resolved in compliance with the conciliation procedures provided for by Article 62 or 63 of this Law.
4. Consideration of a dispute does not entail suspension of the employment relationship.
5. A dispute arising in the course of an individual employment relationship shall be resolved in compliance with the conciliation procedures provided for by Article 62 of this Law and/or by applying to a court or arbitration.
6. A dispute arising in the course of a collective employment relationship shall be resolved in compliance with the conciliation procedures provided for by Article 63 of this Law and/or by applying to a court or arbitration.
7. An employee participating in a collective contract has the right, in the event of a relevant dispute, to defend his/her rights individually and without restriction in relation to another specific matter.
Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 62. Consideration and resolution of an individual dispute🔗
1. An individual dispute shall be resolved through conciliation procedures between the parties, which implies holding direct negotiations between the employee and the employer.
2. A party sends the other party written notice on the commencement of conciliation procedures. This notice shall precisely indicate the grounds for the arising of the dispute and the party's claims.
3. The other party shall consider the written notice provided for by paragraph 2 of this Article and notify the party of its decision in writing within 10 calendar days of receipt of the said notice.
4. The parties or their representatives adopt a written decision, which becomes part of the existing employment contract.
5. If within 14 calendar days of receipt of the written notice provided for by paragraph 2 of this Article no agreement has been reached, the party has the right to apply to a court.
6. If within 14 calendar days of receipt of the written notice provided for by paragraph 2 of this Article a party has avoided participation in the conciliation procedures, the burden of proving the factual circumstances of the dispute shall be borne by that party.
7. The parties may agree to refer the dispute to arbitration.
8. It is inadmissible for a party to increase the claim or change the subject matter of the dispute in the course of consideration of the dispute.
Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 63. Consideration and resolution of a collective dispute🔗
1. A collective dispute (a dispute between an employer and a group of employees (not fewer than 20 employees) or between an employer and an association of employees) shall be resolved through conciliation procedures between the parties, which implies holding direct negotiations between the employer and the group of employees or between the employer and the association of employees, or mediation, in the case of sending a relevant written notification to the Minister by one of the parties.
2. A party shall send the other party a written notification on the commencement of conciliation procedures. This notification shall precisely indicate the grounds for the origin of the dispute and the party's claims.
3. At any stage of the negotiations, a party shall be entitled, in order to reach an agreement, to send the Minister a written notification on the appointment of a dispute mediator for the purpose of commencing mediation. This notification shall be delivered to the other party to the dispute on the same day.
4. After receiving the written notification provided for by paragraph 3 of this Article, the Minister shall, on its basis, appoint a dispute mediator in accordance with the rules for the consideration and resolution of a collective dispute through conciliation procedures approved by a normative act of the Government of Georgia. At any stage of the dispute, the Minister shall be entitled, in the case of the existence of a high public interest, without a written application of a party, to appoint a dispute mediator on its own initiative. The parties shall be notified in writing of the appointment of the dispute mediator.
5. At any stage of the dispute, the Minister shall be entitled to take a decision on the termination of conciliation procedures.
6. The parties shall be obliged to participate in the conciliation procedures and to attend the meetings held for this purpose by the dispute mediator.
7. At the request of the Minister, the dispute mediator shall be obliged to send it a report relating to the dispute.
8. At any stage of the dispute, the parties may agree on referring the dispute to arbitration.
9. The dispute mediator shall be obliged not to disclose information or a document that became known to it as a dispute mediator.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 64. Strike and Lockout🔗
1. A strike is a temporary voluntary refusal by an employee, in the event of a dispute, to perform, in whole or in part, the obligations under an employment contract. Persons defined by the legislation of Georgia shall not have the right to participate in a strike.
2. A lockout is a temporary voluntary refusal by an employer, in the event of a dispute, to perform, in whole or in part, the obligations under an employment contract.
3. In a collective dispute, the right to strike or the right to lockout arises upon the expiry of 21 calendar days from the sending of a written notification to the Minister in accordance with paragraph 3 of Article 63 of this Law, or from the appointment of a mediator to the dispute by the Minister on his/her own initiative in accordance with paragraph 4 of the same Article.
4. In a collective dispute, its parties shall, no later than 3 calendar days before the start of a strike or lockout, notify each other and the Minister in writing of the time, place and nature of the strike or lockout and information on the number of persons participating in the strike.
5. During a strike or lockout, the parties shall be obliged to continue conciliation procedures.
6. A lockout may not last more than 90 calendar days.
7. During a strike or lockout, the employer shall not be obliged to pay the employee remuneration.
8. A strike or lockout shall not be grounds for termination of the employment relationship.
Organic Law of Georgia No 7177 of 29 September 2020 – website, 05.10.2020
Article 65. Postponement and Suspension of a Strike and Lockout🔗
If human life and health, the safety of the natural environment, as well as the operation of a vitally important service are threatened, the court shall have the right to postpone once the start of a strike or lockout for not more than 30 days, and to suspend a strike or lockout that has started for the same period.
Organic Law of Georgia No 7177 of 29 September 2020 – website, 05.10.2020
Article 66. Vital services🔗
1. The full exercise of the right to strike shall be inadmissible by an employee who performs work for the purpose of carrying out an activity whose complete cessation of the work process poses a clear and imminent threat to the life, personal safety or health of the entire society or a certain part thereof.
2. The list of vital services (in the narrow meaning of this term) carrying out the activity provided for by paragraph 1 of this Article shall be determined by the Minister after consultation with social partners. Employees working in a vital service have the right to strike if they ensure the provision of minimum service. The scope of the minimum service shall be determined by the Minister after consultation with social partners. When determining the scope of the minimum service by the Minister, only the work process that is necessary for the protection of the life, personal safety or health of the entire society or a certain part thereof shall be taken into account.
3. Employees who do not have the possibility to fully exercise the right to strike have the right to demand, in accordance with Article 63 of this Law, the resolution of the collective dispute through conciliation procedure, mediation and/or arbitration between the parties.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 67. Unlawful strike and lockout🔗
1. During a state of emergency or martial law, the right to strike or the right to lockout may be restricted by a Decree of the President of Georgia. The Decree requires the countersignature of the Prime Minister of Georgia.
2. If one of the parties avoided participation in conciliation procedures and organised a strike or lockout, such strike or lockout shall be declared unlawful.
3. The court issues a judgment on declaring the strike or lockout unlawful. This judgment shall be immediately communicated to the parties. A court judgment on declaring a strike or lockout unlawful shall be executed immediately.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 68. Guarantees of the employee🔗
1. An employee's participation in a strike may not be considered a violation of labour discipline and become grounds for termination of the employment contract, except in the case of an unlawful strike.
2. If the court declared the lockout unlawful, the employer shall be obliged to restore the employment relationship with the employee and compensate him/her for the missed working hours.
3. An employee who did not participate in the strike but was unable to perform work due to the strike may, by agreement of the parties, be transferred by the employer to another work or be compensated for the period of suspension according to the hourly rate of labour remuneration.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 05.10.2020.
Article 69. Enforcement of an agreement reached as a result of mediation🔗
1. If, in a collective labour dispute provided for by Article 63 of this Law, an agreement is reached as a result of mediation, a party to the dispute shall have the right to apply to a court for the purpose of enforcing this agreement. In enforcing the said agreement, the rules established by the Civil Procedure Code of Georgia shall apply.
2. The court shall refuse to enforce an agreement reached as a result of mediation if the content of this agreement contradicts the legislation of Georgia or the public order existing in Georgia, or if, based on the content of the said agreement, its enforcement is impossible.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 52¹. (removed)🔗
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Organic Law of Georgia No. 3114 of 5 July 2018 – website, 11.07.2018
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 52². (removed)🔗
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 52³. (removed)🔗
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 52⁴. (removed)🔗
Organic Law of Georgia No. 729 of 12 June 2013 – website, 04.07.2013
Organic Law of Georgia No. 6857 of 15 July 2020 – website, 28.07.2020
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 70. Promotion of the provision of information and of the holding of consultations between the employer and the employee🔗
1. In an enterprise where at least 50 employees regularly work, the employer shall ensure the provision of information and the holding of consultations in accordance with the procedure established by this Chapter.
2. The right of employees to information and consultation may be exercised through an employees' representative. For the purposes of this Chapter, the employees' representative may be one of the following persons:
a) a representative of an employees' association provided for by Article 3 of this Law – a person who has been granted representative authority of the employees' association on the basis of the charter of the employees' association;
b) an authorized representative of employees elected in accordance with paragraph 3 of this Article.
3. Employees shall elect an authorized representative of employees for a definite term, by a simple majority of votes, at a meeting attended by more than half of the employees working in the enterprise. The proceedings of this meeting and the decisions taken at it shall be reflected in the minutes of the meeting. The number of authorized representatives of employees shall be determined directly by the employees in compliance with the following principle: if 50 to 100 employees work in the enterprise, the employees shall elect at least 3 authorized representatives of employees, and if more than 100 employees work in the enterprise – for every 100 employees – an additional 1 authorized representative of employees. In the event of a written request by at least 10 percent of the employees working in the enterprise, the employer shall ensure the possibility of electing authorized representatives of employees.
4. In an enterprise where there is 1 or more than 1 employees' association and there are authorized representatives of employees, for joint consultation with the employer they shall determine authorized representatives in proportion to the number of members represented by them, so that each is ensured at least 1 authorized representative.
5. In an enterprise where there is both a representative of an employees' association and an authorized representative of employees, the employer shall, where necessary, take appropriate measures so that the existence of the authorized representative of employees does not lead to a weakening of the position of the employees' association or its representatives, and also in order to encourage cooperation between the authorized representative of employees and the employees' association on all relevant issues.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 71. Procedures for the provision of information and holding of consultations🔗
1. The employer shall provide the employees' representatives with information and hold consultations with them on the following issues:
a) on the existing and possible development relating to the enterprise's activities and economic situation;
b) on the employment situation, structure, possible development and planned measures in the enterprise, which may have a material impact on the employees' remuneration and working conditions and/or endanger the continuation of the employment relationship;
c) on a decision that may entail the implementation of substantial changes in the organisation of work.
2. The employer shall provide the employees' representatives with the relevant information within a reasonable period, but no later than 30 days before the day on which the employer adopts a decision that may affect the employees' interests. The said information shall be provided in writing. Its content shall enable the employees' representatives to adequately study the relevant issue and prepare for consultation.
3. The employer and the employees' representatives shall, on the basis of the information provided by the employer, hold consultations on the issue provided for by paragraph 1 of this Article.
Note: For the purposes of this Chapter, consultation is a good-faith exchange of positions and dialogue between the employer and the employees' representatives with the intention of reaching a possible agreement for the resolution of the relevant issue within the limits of what is possible.
4. Consultations shall be held through meetings between the director of the enterprise or a representative of the relevant management level (if any) and the employees' representatives. The duration and frequency of the meetings shall be adequate. The said meetings shall give the employees' representatives the opportunity to receive information on the employer's response to the employees' views and recommendations and on the basis for that response.
5. The employer and the employees' representative may agree in writing on practical mechanisms for providing information and holding consultations. If the foregoing is not already required by a special law, a collective agreement may provide for a mechanism for establishing a committee at the workplace for the purpose of providing information by the employer to the employees' representative and holding consultations between them.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 72. Confidential Information🔗
1. Employee representatives and an expert who provides support to them shall not have the right to disclose to an employee or a third party confidential information provided to them by the employer within the scope of the enterprise's legitimate interests. This prohibition shall apply without limitation. It shall remain in force also after the expiry of the term of authority of the employee representatives or the expert.
2. The employer shall have the right to refuse to provide information or to hold consultations if the said refusal, on objectively justified grounds, significantly infringes the functioning of the enterprise or causes damage to it. Employee representatives shall have the right to appeal the said refusal in court. If the employer's refusal is not objectively justified, the court shall be entitled to order it to provide information or hold consultations.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 73. Provision of Information at the Workplace, Holding of Consultations and Other Guarantees🔗
1. The rules established by this Chapter shall apply without limitation to the procedures for the provision of specific information and the holding of consultations provided for by Articles 49 and 50 of this Law.
2. The provision of information and the holding of consultations shall not infringe or negate the freedom of association or the right of employees to associate and of the employer to collective bargaining.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 74. Limitation Period🔗
A person shall have the right, except for a claim provided for by Article 48 of this Law, to apply to the court with another claim arising from this Law within 1 year after he/she learned or should have learned of the violation of the right.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 75. State supervision over the labour legislation of Georgia🔗
1. The Legal Entity of Public Law subordinated to state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia − the Labour Inspection Service (hereinafter − the Labour Inspection) is entitled to ensure the effective application of the Constitution of Georgia, the international treaties of Georgia, this Law, the Organic Law of Georgia “On Labour Safety”, the Law of Georgia “On Labour Migration”, the Law of Georgia “On Public Service”, the norms of the legislation of Georgia prohibiting forced labour − trafficking at the workplace, the Resolutions of the Government of Georgia, the Orders of the Minister, any other normative act of Georgia on labour rights and labour conditions, employment contracts, collective employment contracts, as well as agreements reached as a result of mediation within the framework of collective disputes and the norms of arbitration awards (hereinafter – labour norms).
2. The matters related to the effective application of labour norms, the functions and powers of the Labour Inspection shall be determined by the Organic Law of Georgia “On Labour Safety”, the Law of Georgia “On Labour Inspection” and the Law of Georgia “On Labour Migration”.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Organic Law of Georgia No. 2930 of 17 May 2023 – website, 02.06.2023
Article 76. Power of the Labour Inspection to impose administrative penalties🔗
1. Administrative liability and administrative penalties for the violation of labour norms shall be determined by this Law, the Organic Law of Georgia “On Labour Safety” and the Law of Georgia “On Labour Migration”.
2. The Labour Inspection shall have the power to consider cases of administrative offences related to the violation of labour norms and to impose the administrative penalties provided for by Articles 77−80 of this Law, the Organic Law of Georgia “On Labour Safety” and the Law of Georgia “On Labour Migration”.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Organic Law of Georgia No. 2930 of 17 May 2023 – website, 02.06.2023
Article 77. Violation of norms provided by law🔗
1. In the event of violation of a norm provided by this Law (except Articles 47–50 of this Law) or by the Law of Georgia “On Public Service” (except Articles 19–24, 53, 72–77, 82 and 85–119 of the Law of Georgia “On Public Service”), each violation shall entail a warning or a fine:
a) in the case of an employer natural person with income of up to GEL 100,000 according to the previous calendar year − in the amount of not less than GEL 200, but not more than GEL 400;
b) in the case of an employer natural person with income of GEL 100,000 or more according to the previous calendar year − in the amount of not less than GEL 300, but not more than GEL 800;
c) in the case of an employer registered as a VAT payer (except a natural person), whose total amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months does not exceed GEL 100,000, − in the amount of not less than GEL 300, but not more than GEL 800;
d) in the case of an employer registered as a VAT payer (except a natural person), whose total amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 100,000, but does not exceed GEL 500,000, − in the amount of not less than GEL 400, but not more than GEL 900;
e) in the case of an employer registered as a VAT payer (except a natural person), whose total amount of VAT-taxable transactions carried out during the previous continuous 12 calendar months exceeds GEL 500,000, − in the amount of not less than GEL 600, but not more than GEL 1,000;
f) in the case of any other employer, including a person not registered as a VAT payer (except a natural person), − in the amount of not less than GEL 200, but not more than GEL 400.
2. A violation provided for by paragraph 1 of this Article, committed against a minor, a pregnant woman or a person with disabilities, −
shall entail a fine in the double amount of the corresponding fine provided for by paragraph 1 of this Article.
3. Commission of the same act repeatedly within 1 calendar year after the imposition of an administrative penalty for a violation provided for by paragraph 1 or 2 of this Article −
shall entail a fine in the double amount of the fine imposed for the corresponding violation.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 78. Violation of the principle of prohibition of discrimination🔗
1. Violation by the employer of the principle of prohibition of discrimination provided for by this Law, including direct discrimination and indirect discrimination, harassment and sexual harassment at the workplace, the principle of reasonable accommodation, and the provision on payment of equal remuneration for equal work −
shall entail a warning or a fine, in accordance with the procedure established by paragraph 1 of Article 77 of this Law, in the amount of three times the corresponding fine.
2. Commission of the same act repeatedly within 1 calendar year after the imposition of an administrative penalty for the violation provided for by paragraph 1 of this Article −
shall entail a fine in the amount of double the fine imposed for the corresponding violation.
Note: In case of harassment and/or sexual harassment, imposition of liability on the offending employee does not release the employer from the corresponding liability. The employer may be held liable if the fact of harassment and/or sexual harassment became known to him/her and he/she did not notify the Labour Inspection about this fact and/or did not take appropriate measures to suppress the said act.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 79. Forced labour🔗
1. Forced labour, that is, any work which a person would not perform voluntarily and the performance of which is demanded of him/her under threat of any sanction, if the said act does not contain elements of a criminal offence, −
shall entail a fine, in accordance with the procedure established by paragraph 1 of Article 77 of this Law, in the amount of three times the corresponding fine.
2. The violation provided for by paragraph 1 of this Article, committed against a minor, a pregnant woman or a person with disabilities, −
shall entail a fine in the amount of double the fine provided for by paragraph 1 of this Article.
3. Commission of the same act repeatedly within 1 calendar year after the imposition of an administrative penalty for the violation provided for by paragraph 1 or 2 of this Article −
shall entail a fine in the amount of double the fine imposed for the corresponding violation.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 5 October 2020.
Article 80. Violations arising from collective labour relations🔗
1. Failure by an employer or an association of employees:
a) to participate in conciliation procedures;
b) to fulfil an agreement reached on a collective labour dispute, including an agreement reached as a result of mediation −
shall result in a warning or a fine, taking into account the procedure established by paragraph 1 of Article 77 of this Law, in the amount of the corresponding fine.
Note: When fining an association of employees, the fine shall be determined in accordance with the income of the employer that is in a collective labour relationship with the association of employees, in compliance with the procedure established by paragraph 1 of Article 77 of this Law.
2. Failure by an employer:
a) to allocate a suitable place for holding a meeting (gathering) of employees organised by an association of employees, or obstruction of its holding;
b) to fulfil the obligations related to the provision of information and the holding of consultations provided for by Chapter XV of this Law, including refusal to provide information or to participate in consultations, −
shall result in a warning or a fine, taking into account the procedure established by paragraph 1 of Article 77 of this Law, in the amount of the corresponding fine.
3. The repeated commission of the same act within 1 calendar year after the imposition of an administrative penalty for a violation provided for by paragraph 1 or 2 of this Article −
shall result in a fine in the double amount of the fine imposed for the corresponding violation.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 81. Civil liability of the employer🔗
The imposition by the Labour Inspection of an administrative penalty provided for by this Law on an employer shall not release it from other liability that a court may impose on the employer within the framework of civil proceedings initiated by a person.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020
Article 82. General provisions🔗
1. The Tripartite Commission of Social Partnership (hereinafter – the Tripartite Commission) is an advisory body accountable to the Chairperson of the Tripartite Commission – the Prime Minister of Georgia.
2. In carrying out its activities, the Tripartite Commission shall be guided by the Constitution of Georgia, international treaties of Georgia, other laws of Georgia, resolutions of the Parliament of Georgia, decrees and ordinances of the President of Georgia, resolutions and ordinances of the Government of Georgia, orders of the Prime Minister of Georgia and other legal acts.
3. The parties to the Tripartite Commission are the Government of Georgia, associations of employers operating in various sectors in Georgia, and associations of employees.
4. Each party to the Tripartite Commission shall have 6 members in the Tripartite Commission. These members may be representatives of various organizations. The decision on including representatives of these organizations in the composition of the Tripartite Commission shall be taken by the Chairperson of the Tripartite Commission.
5. Each association of employers and association of employees that is a party to the Tripartite Commission shall itself take the decision on selecting its own representatives to be nominated as members of the Tripartite Commission.
6. Persons with representative authority of the parties shall be nominated as members of the Tripartite Commission, who, in turn, shall present to the Chairperson of the Tripartite Commission the remaining 5-5 members of the Tripartite Commission.
7. In the Tripartite Commission, the representatives of the Government of Georgia, together with the Chairperson of the Tripartite Commission, shall be persons holding leading positions in the following state institutions:
a) Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia;
b) Ministry of Justice of Georgia;
c) Ministry of Economy and Sustainable Development of Georgia;
d) Ministry of Regional Development of Georgia;
e) Ministry of Education, Science and Youth of Georgia.
Organic Law of Georgia of 29 September 2020 No. 7177 – website, 5 October 2020.
Organic Law of Georgia of 16 March 2021 No. 391 – website, 18 March 2021.
Organic Law of Georgia of 30 November 2023 No. 3883 – website, 15 December 2023.
Organic Law of Georgia of 16 April 2025 No. 490 – website, 16 April 2025.
Article 83. Social partnership and principles of the activity of the tripartite commission🔗
1. Social partnership is a system of dialogue and cooperation on matters related to labour relations between social partners − representatives of the employer (employers' association), the employee (employees' association) and a state institution.
2. The activity of the tripartite commission is based on the following principles:
a) equality and independence of the parties;
b) respect for the interests of the social partner;
c) trust and good faith;
d) coordination and responsibility;
e) awareness;
f) fulfilment of obligations;
g) tripartism;
h) consensus.
3. Social partnership may develop at national, sectoral, territorial, enterprise and other organisational levels.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 84. Functions of the tripartite commission🔗
The functions of the tripartite commission are:
a) promotion of the development of social partnership in Georgia, as well as of conducting social dialogue between employees, employers and the Government of Georgia at all levels, encouragement of reaching agreement and consensus between the members of the tripartite commission;
b) holding consultations with the Government of Georgia on matters related to labour, economic and social policy falling within the sphere of common interest (including on reforms and legislative amendments that concern the State Budget of Georgia, the minimum wage and other matters that may influence the interests of employers and employees);
c) elaboration of proposals and recommendations on other matters related to labour and social policy that are important for the members of the tripartite commission and their submission to the Government of Georgia.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 85. Powers of the Tripartite Commission🔗
1. The Tripartite Commission, within the scope of its competence, is entitled to:
a) consider the issues raised by the parties in accordance with the procedure established by the legislation of Georgia;
b) hear at its sitting information from the parties of the Tripartite Commission on the issues falling within its competence;
c) request, in accordance with the procedure established by the legislation of Georgia, from the bodies of the executive authority of Georgia and of the relevant municipality, as well as from other institutions, the materials necessary for its consideration of the issues;
d) if necessary, in order to develop appropriate proposals and recommendations, invite, in accordance with the procedure established by the legislation of Georgia, representatives of various agencies, specialists of the relevant field and experts. When inviting them, a conflict of interest shall be excluded;
e) develop and submit to interested persons proposals on the issues falling within its competence.
2. The term of office of a member of the Tripartite Commission is 3 years. The new composition of the Tripartite Commission shall be determined before the expiry of the term of office of its previous composition.
3. The statute of the Tripartite Commission, which determines the composition, structure, rules of activity and approval of the composition of the Tripartite Commission, shall be approved by a Resolution of the Government of Georgia.
4. The Tripartite Commission is entitled to create permanent or temporary subcommittees and working groups for the consideration of specific issues. Within the Tripartite Commission, a subcommittee shall operate permanently, the function of which is to hold tripartite consultations on issues related to international labour standards provided for by Convention No. 144 "concerning Tripartite Consultations to Promote the Implementation of International Labour Standards" adopted at the sixty-first session of the International Labour Conference (Geneva, 21 June 1976).
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 86. Application of the Law to Existing Labour Relations🔗
This Law applies to existing labour relations, regardless of the time of their origin.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
Article 87. Entry into Force of the Law🔗
This Law shall enter into force upon publication.
Organic Law of Georgia No. 7177 of 29 September 2020 – website, 05.10.2020.
President of Georgia M. Saakashvili
Tbilisi,
17 December 2010.
No. 4113-rs