Employment

Unpaid wages: what to do under Georgian law

What to do when an employer has not paid wages, overtime or the final settlement: what is owed, the late-payment penalty, the time limits, the pre-trial demand, and the options of the Labour Inspection Service and the court.

What to do

  1. Composition of the debt: wages are payable at least once a month (Labour Code, Art. 41); overtime is paid at the increased hourly rate (Labour Code, Art. 27) (the employer keeps timesheets, must record hours worked and retain the records for 1 year (Labour Code, Art. 24)); downtime caused by the employer is paid in full (Labour Code, Art. 42); on dismissal, the final settlement is due no later than 7 calendar days after the employment relationship ends (Labour Code, Art. 44); compensation for unused leave is payable if the employer terminated the contract (Labour Code, Art. 31). Unlawful deductions must be returned: no more than 50% of wages may be withheld in a single payment (Labour Code, Art. 43).
  2. Penalty: for each day of delay in any payment or settlement, 0.07% of the overdue amount is due (Labour Code, Art. 41). Calculate it separately for each payment, from its due date until it is paid.
  3. Time limit: a claim under the Labour Code must be brought within 1 year from the moment the employee learned or should have learned of the violation (Labour Code, Art. 74). Do not rely on the 3-year period of the Civil Code for periodic payments (its application to wages is disputed) (Civil Code, Art. 129), because older months lapse one by one.
  4. Pre-trial (not mandatory, but advantageous): a written notice to the employer stating the exact basis and the demands (Labour Code, Art. 62); the employer must respond within 10 calendar days (Labour Code, Art. 62); if there is no agreement within 14 calendar days, the matter goes to court (Labour Code, Art. 62); a party that avoids the procedure bears the burden of proof (Labour Code, Art. 62). In parallel, the Labour Inspection Service (შრომის ინსპექციის სამსახური) may act (Labour Code, Art. 75): for each violation it issues a warning or a fine (Labour Code, Art. 77).
  5. Court: a labour dispute is considered within 1 month at the latest (Civil Procedure Code, Art. 59); the claim may be secured by attaching the employer's property and funds (Civil Procedure Code, Art. 198); wages awarded for no more than 3 months may be made subject to immediate enforcement (Civil Procedure Code, Art. 268).
  6. Employer's insolvency: file the claim in the insolvency proceedings; check the order of priority of employee claims against the law in force.
  7. Where to apply: the Labour Inspection Service; the court, civil panel of the district (city) court.
  8. Evidence: employment contract and orders, pay slips, bank statements, correspondence and promises to pay, testimony of colleagues; timesheets should be requested from the employer.
  9. Pitfalls: missing the one-year Labour Code time limit by relying on the Civil Code period; an incomplete notice, since the claim cannot be increased during the dispute, so state the entire debt and the penalty at once; confusing gross and net amounts; wages paid 'in an envelope' are almost impossible to prove.

Be sure to check

  • composition of the debt (wages, overtime, final settlement, leave) and the 0.07% daily penalty
  • Labour Code time limit: 1 year from the moment the violation became known
  • procedure: written notice, response within 10 / 14 days, then the Labour Inspection Service and/or the court
  • securing the claim and immediate enforcement; risk of the employer's insolvency

Provisions in force (texts in Georgian)

საქართველოს შრომის კოდექსი

საქართველოს სამოქალაქო კოდექსი

საქართველოს სამოქალაქო საპროცესო კოდექსი

საქართველოს კანონის „რეაბილიტაციისა და კრედიტორთა კოლექტიური დაკმაყოფილების შესახებ“ პროექტი და მისგან გამომდინარე კანონპროექტები

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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