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Violation of Labor Rights

Can a director be jailed for firing staff?

Yes, if the firing is illegal and discriminatory (e.g., pregnancy-related), it constitutes a criminal offense.

Difference between civil and criminal labor cases?

Civil deals with compensation/reinstatement. Criminal deals with punishing the employer (fine, prison).

What counts as discrimination?

Different treatment based on race, gender, religion, political views, etc.

How to avoid charges?

Always document objective reasons for dismissal carefully.

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2 min

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Violation of Labor Rights Defense (Article 169)

Violation of labor legislation (Article 169 of the Criminal Code) involves illegal dismissal from work, illegal refusal to hire, or non-compliance with employment contract terms. This article is often used against employers who violate anti-discrimination norms (e.g., firing a pregnant woman) or refuse to execute a court decision reinstating an employee. While labor disputes typically fall under civil law, certain actions are criminalized. Company directors and HR managers need qualified defense to prove that their decisions were based on legitimate business needs rather than discriminatory motives.

What Does This Service Cover?

Lawyers listed on Legal.ge offer defense for Article 169 cases:

  • Justifying Dismissal: Presenting evidence that the employee was fired on legal grounds (e.g., incompetence, disciplinary misconduct) and not due to personal or discriminatory reasons.
  • Refuting Discrimination Charges: Proving that refusal to hire was based on objective criteria, not the candidate''s gender, race, or religion.
  • Enforcement Issues: If reinstatement is impossible (e.g., role elimination), the lawyer helps find alternatives to avoid criminal liability for non-enforcement of court orders.
  • Negotiation: Settling disputes with former employees through compensation.

Common Scenarios and Real-World Situations

Article 169 is applied in:

The first scenario is "Pregnancy." Firing or refusing to hire a woman due to pregnancy. This is a direct criminal offense.

The second scenario is "Union Activity." Persecuting an employee for joining a trade union. Defense must prove other valid reasons for action.

The third case is "Political Views." Dismissal based on differing political opinions.

Georgian Legal Framework

Regulations:

  • Criminal Code: Article 169 (Violation of Labor Legislation).
  • Labor Code: Defines legitimate grounds for contract termination.

Service Process Step-by-Step

  1. Audit: Checking dismissal orders and grounds.
  2. Testimony: Interviewing management and staff.
  3. Court: Defense against criminal prosecution.

Why Use Legal.ge?

Criminalizing labor disputes is a risk for managers. On Legal.ge, find lawyers to protect you from baseless charges.

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