Overtime is not being paid: what to do under Georgian law

What to do

1. Deadline and penalty: a claim must be filed within 1 year from when you learned, or should have learned, of the violation (Labour Code, Art. 74). Overtime pay is due with the nearest monthly salary (Art. 27). The limitation period runs separately for each month, so older months expire first. For each day of delay there is a penalty of 0.07% of the amount withheld (Labour Code, Art. 41).
2. Whether there was overtime: the standard is no more than 40 hours per week (Labour Code, Art. 24); in continuous production (processes longer than 8 hours) it is up to 48 hours (Art. 24). Overtime is work beyond the standard and is permitted only by agreement of the parties (Art. 27). Work on public holidays (უქმე დღეები) counts as overtime (Art. 30). Rest between shifts must be at least 12 hours (Art. 24).
3. How much: overtime is paid at an increased hourly rate, and the amount of the increase is set by agreement (the law contains no coefficient) (Art. 27). A contract term that is worse than the law (for example, “overtime is included in the salary”) is void (Labour Code, Art. 14). By agreement, time off in proportion to the overtime worked may be given instead of money, no later than 4 weeks later (Art. 27).
4. Overtime demanded by the employer: the employer must give written notice 1 week in advance (Art. 27). Without consent, overtime may be required only in the event of a natural disaster (without extra pay) or an accident (with extra pay) (Art. 27). Even then, pregnant women, breastfeeding women, minors, persons with disabilities and parents of children under 3 may work overtime only with their consent (Art. 27).
5. Evidence: the employer keeps a daily record of hours, familiarises the employee with it monthly and retains it for 1 year (Labour Code, Art. 24). Request the timesheets in writing. Each party must prove its claims and objections (Civil Procedure Code, Art. 102).
6. Route: conciliation procedure. Send a written notice; the reply is due within 10 days; if there is no agreement within 14 calendar days, the matter goes to court (Labour Code, Art. 62). Then file a lawsuit. The Labour Inspection fines the employer for Labour Code violations but does not collect the debt owed to the employee (Labour Code, Art. 77).
7. Where to apply: the employer (demand); Labour Inspection Service; court — civil chamber of the district (city) court.
8. Evidence: contract, timesheets and pay slips, access passes and entry logs, messages sent outside working hours, bank statements, witnesses.
9. Traps: looking for a one-and-a-half or double rate as in the Russian Labour Code; applying the 3-year limitation period of the Civil Code instead of the 1-year Labour Code period; waiting for the Inspection instead of filing a lawsuit; failing to secure evidence while you still have access to work systems.

Be sure to check

• overtime is only by agreement and only beyond 40 hours per week; work on public holidays is also overtime
• payment at an increased rate, with the amount set by agreement (the law has no coefficient), or time off by agreement
• 1-year limitation period; penalty of 0.07% for each day of delay
• evidence of hours (timesheets held by the employer) and the route: demand → Inspection or court