Working without a written contract: how to prove the employment relationship: what to do under Georgian law

What to do

1. Classification: an employment contract may be oral (Labour Code of Georgia, Art. 12); employment relations arise from the actual start of work (Art. 15). What must be proved is the employment relationship itself — work for an employer under conditions of organised labour for remuneration (Art. 2): schedule, subordination, workplace, regular pay.
2. Deadlines: claims under the Labour Code (wages and other) — 1 year from when the employee learned of the violation (Art. 74). If the employee was dismissed — challenging the termination — 30 calendar days from the notice (Art. 48).
3. Evidence: the fact of work is proved by the employee, including through witnesses, written and physical evidence (Civil Procedure Code of Georgia, Art. 102); no evidence has a predetermined force (Art. 105). Correspondence with the manager (assignments, schedule), transfers, photos at the workplace, uniform or badge, witnesses.
4. Shifting the burden: a written demand — if the employer evaded the conciliation procedure, the burden of proof is on the employer (Labour Code, Art. 62); request timesheets, video, cash-shift records — if the employer does not produce a requested document, the court may release the employee from proving the fact (Civil Procedure Code, Art. 136).
5. Procedure: there is no special proceeding for “establishing the fact of an employment relationship” — in a dispute, only a claim is available (Civil Procedure Code, Art. 311): for wages or reinstatement, the existence of the relationship is the basis of the claim. In parallel, the Labour Inspection: for relationships longer than 1 month, written form is mandatory and is the employer’s duty (Labour Code, Art. 12); for violations of the Labour Code, the Labour Inspection issues a warning or a fine to the employer and does not recover money for the employee (Art. 77).
6. Claims: wages, holiday pay, reinstatement or compensation; penalty of 0.07% for each day of delay (Labour Code, Art. 41).
7. Where to apply: the employer — written demand; court — district or city court; Labour Inspection — fine to the employer.
8. Evidence: correspondence, photos or video, transfers, access pass, witnesses.
9. Traps: believing that without a paper contract there are no rights; waiting for a “establishment of the fact” in a special proceeding instead of filing a claim; missing the 30-day deadline if the employee was in fact dismissed.

Be sure to check

• an oral contract is valid; employment relations arise from the actual start of work
• how to prove it (witnesses, correspondence, transfers) and how to shift the burden (demand, requesting documents)
• a claim for wages or reinstatement, not a separate establishment of fact; the Labour Inspection imposes fines but recovers no money
• deadlines: 1 year for monetary claims, 30 days when the employment is terminated