Resignation at own request: what to do under Georgian law

What to do

1. Basis and form: resignation at one’s own wish is an independent ground for terminating the contract. It is formalised by the employee’s written application (Labour Code, Art. 47). Notice: the employee must notify the employer in writing at least 30 calendar days in advance (Labour Code, Art. 48). The date on which the application is delivered starts the period, so keep a copy with a mark of receipt.
2. Leaving earlier: by written agreement of the parties, the contract may be terminated on any agreed day. This is a lawful way to leave without working the full notice period (Labour Code, Art. 47). Without agreement, the employer may require compliance with the notice period.
3. Money on leaving: the final settlement must be made no later than 7 calendar days after termination, unless the contract or law provides otherwise (Labour Code, Art. 44). For each day of delay in the settlement, the penalty is 0.07% of the amount withheld (Labour Code, Art. 41). Unused leave: the law directly links the obligation to compensate unused leave to termination on the employer’s initiative (Labour Code, Art. 31). Therefore, before submitting the application, consider using your leave or agreeing its compensation in writing.
4. Documents: at the employee’s request, the employer must issue a certificate of employment (work performed, pay, contract term) (Labour Code, Art. 14). If pay has not been made, submit a written claim, then apply to the Labour Inspection Service or the court. A claim under the Labour Code (other than challenging a dismissal) must be filed within 1 year from when the employee learned of the violation (Labour Code, Art. 74).
5. Where to apply: the employer (application, claim); Labour Inspection Service (შრომის ინსპექციის სამსახური); court.
6. Evidence: the resignation application with a mark of receipt (or proof of sending), the employment contract, pay slips, correspondence about the leaving date and leave.
7. Traps: an oral agreement to leave, without a written agreement — the employer may require the notice period to be worked; unused leave on resignation at one’s own wish is not always compensated automatically; waiting for months for the final settlement instead of sending a written claim with accruing penalty.

Be sure to check

• written application and the notice period
• how to leave earlier (agreement of the parties)
• final settlement within 7 days and a 0.07% penalty for delay
• what happens to unused leave