Dismissal of an employee: what to do under Georgian law

What to do

1. Classify the ground and the initiator: the grounds for terminating an employment contract form an exhaustive list, including economic, technological or organisational changes requiring redundancies (Labour Code of Georgia, Art. 47); fixed-term or open-ended contract; whether there was pressure to sign an “agreement of the parties” (this changes the ground).
2. Check the procedure: for dismissals that require notice — written notice at least 30 calendar days in advance and compensation of at least one month’s salary (Labour Code, Art. 48), or notice at least 3 calendar days in advance and compensation of at least two months’ salary (Art. 48).
3. Defence algorithm: within 30 calendar days of receiving the notice, the employee may request in writing a written justification (წერილობითი დასაბუთება) of the dismissal (Art. 48); the employer must justify the ground in writing within 7 calendar days of the request (Art. 48); a claim to court — within 30 calendar days of receiving the written justification (Art. 48). Otherwise: if no justification is given within 7 days — a claim within 30 calendar days, with the burden of proving the facts on the employer (Art. 48); if no justification was requested — a claim within 30 calendar days of receiving the dismissal notice (Art. 48).
4. Strategy if little time remains from the notice: still send the request for justification before the period expires — it gives the employer a short time to reply; silence shifts the burden of proof onto it; the claim period then runs from the reply or from the expiry of the reply period. Prepare the claim in parallel.
5. What to demand if the dismissal is unlawful: if the dismissal is declared invalid, the court reinstates the employee in the former or an equivalent position, or awards compensation (Art. 48); in addition — forced-absence pay (იძულებითი განაცდური) until the judgment is enforced (Art. 48); plus, where the contract was terminated on the employer’s initiative — compensation for unused leave in proportion to length of service (Labour Code, Art. 31) and a penalty for delayed payment.
6. Check special guarantees and prohibitions, if relevant: discrimination, pregnancy, parental leave, trade union membership.
7. Amounts and calculations: for each day of delayed payment — 0.07% of the delayed amount (Labour Code, Art. 41).
8. Where to apply: court (civil panel of the district or city court); violations of labour norms — Labour Inspection Service (შრომის ინსპექციის სამსახური).
9. Evidence: employment contract, dismissal order or notice, correspondence, payslips, bank statements, witnesses.
10. Traps: missing the short 30-day deadlines; signing an “agreement of the parties” instead of a dismissal on the employer’s ground.

Be sure to check

• ground and compliance with the dismissal procedure (notice and compensation)
• 30-day deadlines: request for justification → 7 days → claim
• what can be claimed: reinstatement or compensation, and forced-absence pay
• where to apply and what evidence to collect