The current Labor Code carries the interests of both the employer and the employee and implements a number of levers in the labor market to protect their rights. In the article, we briefly review the particularly important aspects of labor relations and the mechanisms for protecting labor rights for employees.
• Job Interview (pre-contractual period)
The employer is entitled to obtain only the information about the potential employee that is necessary to know based on the specifics of the job. Candidate’s personal data is confidential and may not be shared without consent. Because of personal characteristics such as skin color, ethnicity, social status, etc. Refusal to hire a person is a case of discrimination, which unequivocally contradicts the principles provided by the Georgian legislation and the Labor Code.
• Is there an age limit for entering the labor relationship?
The Labor Code regulates the issue of labor capacity. A person under the age of 14 has the right to be employed in the field of sports, culture and art. Person under the age of 16-18 uses limited labor capacity to the extent that it is not allowed for a minor to have an employment relationship with a gaming business, a night entertainment establishment, works related to the manufacture, transportation and sale of erotic and pornographic products, pharmaceutical and toxic substances.
• What necessary elements should the labor contract contain?
It is necessary to specify in the contract regulating labor relations:
1. Date of commencement of work and duration of employment relationship
2. Working time and rest time
3. Type or description of work to be performed
4. Rules of remuneration for labor and overtime work
5. Duration of paid leave.
Without the specified essential conditions, the contract is threatened with nullity. Contractual consideration of essential terms ensures the safety of the employee and eases the burden of proof. If the duration of the employment relationship exceeds 1 month, it must be concluded in writing.
Unilaterally changing the mentioned essential conditions by the employer is against the Labor Code. An agreement between the parties is necessary for the change. Consensus cannot be forced.
The bylaws of the organization can be a part of the agreement.The by-laws regulate the organizational arrangement of the institution, the duration of rest, the place and manner of payment of wages, the duration and manner of giving paid leave, etc.
If a person already has a disciplinary offense and violates the bylaws within 1 year, the employer has the right to dismiss him from his position.
• Probationary contract and internship
Often these two elements of labor law are confused and it seems that the line between them is very blurred, although in reality their purpose is radically different.
Internship is a form of labor relationship, the main purpose of which is to give the employee the opportunity to acquire professional knowledge and skills on the one hand, and on the other hand, the employer to prepare a qualified staff adapted to the specifics of the job.
The maximum term of an unpaid internship is 6 months, and a paid internship is 1 year. Internships in one organization can be completed only once. It is necessary to conclude the contract in written form.
In contrast to the internship, when a person is employed on a probationary period, it is necessary to pay for the work. The maximum term of the contract can be 6 months, and in this case it is necessary to follow the written form. During the probation period, the employer has the right to dismiss the employee from the position without any reason.
working hours
The standard working time should not exceed 40 hours per week (48 hours per week is allowed in an enterprise with a specific working mode). The duration of continuous rest of the employee between working days/shifts should not be less than 12 hours. The employer is obliged to provide the employee with rest for at least 24 hours continuously during the 7-day period.
Hours exceeding the standard working time are compensated according to the rules of overtime pay. The Labor Code does not specify exactly how much overtime work should be compensated, however, according to court practice, it amounts to 1.25 times the amount of the standard working time compensation.
Work performed on holidays recognized by the Labor Code must also be compensated according to the conditions of overtime work.
• Vacation
Any person in an employment relationship who has been employed for more than 11 months is entitled to paid leave. The duration of the latter should be at least 24 days. The duration of the vacation period can be increased by agreement. An employee working in hard, harmful or dangerous work is given an additional paid vacation in the amount of 10 calendar days per year. However, each employee has the right to use leave without pay – at least 15 calendar days per year.
On the basis of his request, the employee is given paid leave due to pregnancy and childbirth (maternity leave) in the amount of 126 calendar days, and in case of complications of childbirth or the birth of twins – in the amount of 143 calendar days.
An employee is granted 604 calendar days of unpaid childcare leave at his request.
• The procedure for terminating the employment contract (leaving the job/dismissal)
A very specific, well-founded reason is required for dismissing a person. The Labor Code of Georgia enumerates the grounds for termination of the employment relationship and takes into account both the expiration of the contract and other objective reasons (organizational changes, insufficient qualification, substantial violation of internal regulations, etc.). It is not allowed to dismiss an employee in absence of the listed circumstances. Even in the case of the existence of the grounds mentioned above, it is necessary for the employer to follow the procedure provided for terminating the contract. The employer is obliged to notify the employee about the dismissal at least 30 calendar days in advance, in which case the employee has the right to request 1 month’s salary as compensation. If the employer violates the given time frames and notifies the employee only 3 days in advance about the termination of the contract, the latter can request compensation in the amount of 2 months’ salary.
The employee is also entitled to request written justification from the employer within 30 days of the grounds for dismissal.
• What should we do if the employer violates our rights listed above?
Restoring the violated rights of employees is the prerogative of the relevant administrative bodies and the court. A body similar to the supreme authority in Georgia is the Labor Inspection, which was established in 2021, and after that the mandate of the supreme authority is progressively increasing. An employee can apply to the labor inspection for the protection of working conditions and safety, as well as other basic rights of employees (eg: provision of rest time, maintenance of decent working conditions, overtime pay).
The labor inspectorate can ensure the protection of the rights of employees through fines or recommendations.
In order to satisfy the compensation, reinstatement and other such requirements, which need substantive consideration, the employee must apply to the court.
