Request written reasons for dismissal and do not miss the deadline: what to do under Georgian law

What to do

1. Establish the date of receipt of the notice and the type of contract. Where a contract is terminated during a probation period, the requirements of Art. 48 (including the request for justification) do not apply unless the contract provides otherwise (Labour Code of Georgia, Art. 17). Deadlines are counted as follows: the day of the event (receipt of the notice or reply) is not included in the period (Civil Code of Georgia, Art. 122); if the last day falls on a non-working day, the period moves to the next working day (Civil Code, Art. 127).
2. Request: a request for a written justification of the dismissal ground — in writing, within 30 calendar days of receiving the employer’s notice (Labour Code, Art. 48). Deliver it in a provable way (signature on a copy, registered mail, e-mail). If the ground is “о”, check whether it is already justified in the notice: for dismissal on the “other objective circumstance” ground (sub-paragraph “о”), the employer must justify it in the notice itself (Art. 47).
3. Reply: the employer must justify the ground in writing within 7 calendar days of the request (Art. 48); then a claim — within 30 calendar days of receiving the written justification (Art. 48). Silence: if no justification is given within 7 days — a claim within 30 calendar days, with the burden of proving the disputed facts on the employer (Art. 48) — the main gain of the request.
4. Without a request: if no justification was requested — a claim within 30 calendar days of receiving the dismissal notice (Art. 48). If little time remains before the 30 days end, still send the request on time: it starts new deadlines. Prepare the claim in parallel.
5. Do not confuse the deadlines: the general one-year limitation period for claims under the Labour Code does not apply to challenging a dismissal under Art. 48 — the deadlines of Art. 48 itself apply (Art. 74). If a claim is rejected on formal grounds — the court refuses to accept it or leaves it without consideration — the same claim may be filed again within 30 calendar days of service of the ruling (Art. 48).
6. What to ask for in the claim: if the dismissal is declared invalid — reinstatement in the former or an equivalent position, or compensation, plus forced-absence pay (Art. 48).
7. Where to apply: the request — to the employer itself; the claim — civil panel of the district or city court.
8. Evidence: dismissal notice with the date of receipt (envelope, e-mail, signature); copy of the request for justification with proof of delivery and date; the employer’s reply; employment contract.
9. Traps: counting the deadline from the last working day or from the order, rather than from receipt of the notice; relying on the general one-year period, or on negotiations and the Labour Inspection — the 30-day deadline is not suspended; an oral request, or a request without proof of delivery; not requesting the justification, and thereby losing the shift of the burden of proof.

Be sure to check

• request for written justification — within 30 calendar days of receiving the notice
• the employer replies within 7 days; claim — 30 days from the reply; silence → burden of proof on the employer
• without a request — claim within 30 days of the notice; the general one-year period for challenging a dismissal does not apply
• how to count the deadline and how to deliver the request in a provable way