Form and Duration of the Employment Contract
Under the Labour Code of Georgia, an employment contract is concluded in oral or written form, for a fixed or an indefinite term. Where the employment relationship lasts longer than 1 month, the contract must be concluded in written form. A properly drafted document therefore begins with the question of the form and the term of engagement, because the entire subsequent architecture of the contract follows from that choice.
A fixed-term contract — unless its term is 1 year or more — may be concluded only where a statutory ground exists: performance of work of a specific volume, seasonal work, a temporary increase in the volume of work, temporary replacement of an employee whose employment relationship is suspended, wage subsidization under the Law on the Promotion of Employment, or another objective circumstance that justifies a fixed term. A fixed-term contract concluded without any of these grounds is deemed to be concluded for an indefinite term.
The rules on successive contracts are equally important. If the term of the contract exceeds 30 months, or if the relationship continues through two or more successive fixed-term contracts and its total duration exceeds 30 months, the contract is deemed concluded for an indefinite term. Fixed-term contracts are considered successive if the existing contract was continued immediately upon expiry, or if the next contract was concluded within 60 days of the expiry of the first. A special exception applies to startup enterprises: for an entrepreneur less than 48 months from its state registration that meets additional conditions set by the Government, the restrictions on fixed-term contracts do not apply, although for this purpose the duration of a fixed-term contract may not be less than 3 months. If the relationship began within that 48-month window and the term then expired, the contract is regarded as indefinite. The employer must also inform a person employed under a fixed-term contract about existing vacancies, so that they have the same opportunity to hold positions under indefinite contracts as other employees.
The Pre-Contractual Stage and the Exchange of Information
The relationship between the parties before conclusion is separately regulated. The employer is entitled to obtain information about the candidate, except information that is not connected with the performance of the work and is not necessary for assessing the candidate’s ability to perform the specific job. The employer may also verify the accuracy of the information submitted. The candidate, for their part, must inform the employer of any circumstance that may prevent them from performing the work or threaten the employer’s interests.
Confidentiality is protected: information obtained about the candidate may not be made accessible to a third party without the candidate’s consent, except in cases provided for by Georgian legislation. If the employer does not conclude a contract, the candidate has the right to demand the return of the documents submitted. The employer, in turn, must provide the candidate with information about the work to be performed, the form of the contract (oral or written) and its term (fixed or indefinite), the working conditions, the employee’s legal status in the employment relationship, and the remuneration. The pre-contractual relationship ends when the contract is concluded or when the candidate is informed of the refusal; the employer is not obliged to justify a refusal to hire.
The guarantee of equal treatment is also born at this stage: before concluding the contract, the employer must introduce to the candidate the provisions on the principle of equal treatment of persons and the means of its protection, and must reflect anti-discrimination provisions in the internal labour rules, collective agreements and other documents, and ensure their enforcement.