Employment

Dismissed for gross or repeated misconduct: what to do under Georgian law

What to do if you were dismissed for a gross or repeated breach of duties: the legal grounds, the 30-day deadlines for requesting written reasons and filing a claim, and the evidence to collect.

What to do

  1. Classification: ground “з” — a gross breach of duties under the contract and/or the internal rules; the law does not provide a list of “gross” misconduct (Labour Code of Georgia, Art. 47); or ground “т” (repeated breach) — only if a disciplinary measure has already been applied within the last 1 year (Labour Code, Art. 47). If no ground is specified, request the justification.
  2. Deadlines: request for written justification — within 30 calendar days of receiving the notice (Labour Code, Art. 48); the employer’s reply — within 7 calendar days (Art. 48); claim — within 30 calendar days of receiving the justification (Art. 48); no reply within 7 days — claim within 30 calendar days, with the burden of proof on the employer (Art. 48); without a request — claim within 30 calendar days of the notice (Art. 48).
  3. Elements: whether there was a misconduct and fault; for “т” — the date and document of the earlier measure. Internal rules: a breach of the internal rules is a ground only if the rules form part of the contract (Art. 47); employees are familiarised with the rules before the contract is signed, and with any changes within 14 calendar days (Art. 14).
  4. Procedure: a written warning 30 days in advance and compensation are mandatory only for grounds “а”, “в”, “и”, “о” — not for “з” or “т” (Art. 48). Their absence is therefore not an argument; the arguments are lack of proof, disproportionality, and the missed one-year window. Note: the ban on dismissing a pregnant employee does not apply to grounds “з” and “т” (Art. 47).
  5. Burden of proof: each party proves the grounds for its claims and objections — the employer proves the misconduct (Civil Procedure Code of Georgia, Art. 102).
  6. Claims: reinstatement in the same or an equivalent position, or compensation (Labour Code, Art. 48); plus forced-absence pay until the judgment is enforced (Art. 48); final pay and unused leave. Authority: Labour Inspection fines do not cover Arts. 47–50 — the lawfulness of the dismissal is decided by the court (Labour Code, Art. 77).
  7. Where to apply: civil panel of the district (city) court.
  8. Evidence: dismissal order or notice, the justification or proof of its request; the contract (whether the rules are included), the rules with a signed acknowledgment; the document and date of the earlier penalty; reports, explanations, timesheets; sick-leave certificates, correspondence, witnesses.
  9. Traps: considering a disciplinary dismissal unlawful only because no warning or compensation was given; waiting for the Labour Inspection and missing the 30-day deadlines; a reprimand older than 1 year, or a penalty not provided for in the rules; looking for a closed list of “gross” misconduct modelled on the Russian Labour Code — the court assesses the severity.

Be sure to check

  • ground: gross breach, or repeated breach where a measure was applied within the last 1 year; internal rules count only if they are part of the contract
  • 30-day deadlines: request for justification → 7 days → claim; without a request — 30 days from the notice
  • a warning and compensation are not required for a disciplinary dismissal; the key is the employer’s proof of the misconduct
  • what to demand: reinstatement or compensation, and forced-absence pay; the dispute goes to court, not to the Labour Inspection

Provisions in force (texts in Georgian)

საქართველოს შრომის კოდექსი

საქართველოს სამოქალაქო საპროცესო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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