A teacher's employment contract rests on the general labour legislation: form and term are determined by Article 12 of the Labour Code, essential conditions by Article 14, grounds for termination by Article 47, and the procedure of termination, notices and compensation by Article 48. The Law on General Education itself directly confirms that an employment contract between an institution and a teacher is concluded in the manner prescribed by Georgian legislation; the pedagogical specifics manifest themselves within these general norms.
Form and term — Article 12
An employment contract may be concluded orally or in writing, for a fixed or an indefinite term. If the employment relationship exceeds 1 month, written form is mandatory. A fixed-term contract — except where the term is 1 year or more — may be concluded only where a ground listed by law exists: work of a specific volume, seasonal work, a temporary increase in workload, replacement of a temporarily absent employee, wage subsidisation, or another objective circumstance.
The 30-month rule is important: if the contract term exceeds 30 months, or fixed-term contracts are concluded consecutively twice or more and the total duration of the relationship exceeds 30 months, the contract is deemed indefinite. The law describes consecutiveness precisely — a new fixed-term contract must be concluded within 60 days of the expiry of the first. A fixed-term contract concluded without a ground is likewise indefinite. At the same time, a starting enterprise — an entrepreneur whose registration is less than 48 months old — is not bound by the restrictions on fixed-term contracts, provided the contract duration is not less than 3 months; once that period expires and the relationship continues, it becomes indefinite.
Essential conditions — Article 14
The essential conditions of an employment contract are: information about the parties; the start date and duration of the relationship; working and rest time; the place of work; the position and the description of the work; remuneration and the manner of payment; the procedure for overtime pay; the duration of paid and unpaid leave and the manner of granting it; the procedure of termination; and the provisions of collective agreements where they regulate conditions differently. Upon request, the employer is obliged to issue a certificate of employment indicating the work, the remuneration and the term of the contract.
If the internal labour rules are declared part of the contract, the employer must introduce them to the employee before conclusion, and notify of any amendment within 14 calendar days of its introduction. For a teacher this is particularly significant, since teaching workload and pedagogical duties are often established by internal rules.
Grounds for termination — Article 47
The law lists a closed set of grounds for termination of an employment contract: the necessity of staff reduction; expiry of the term; completion of the work; the employee's own written resignation; agreement of the parties; mismatch of qualification; gross breach of an obligation; repeated breach within the last 1 year despite an already applied disciplinary measure; prolonged incapacity — exceeding 40 consecutive calendar days or 60 calendar days in total within 6 months; a court judgment; unlawful recognition of a strike; death; commencement of liquidation; or another objective circumstance. Termination on any other ground is impermissible — and on a discriminatory ground even more so.
Dismissal is especially restricted during the period following an employee's notification of pregnancy, during compulsory military or alternative service, and during jury service. The termination of a relationship with a minor employee may be demanded by the legal representative or the guardianship authority where continued work harms the minor's life, health or interests.
Procedure, compensation and dispute — Article 48
In the general dismissal cases the employer must give at least 30 calendar days' prior written notice and pay compensation of at least 1 month's remuneration; a 3-calendar-day notice is also possible — but then compensation is at least 2 months' remuneration. When a teacher leaves of their own will, they notify at least 30 calendar days in advance.
The dispute mechanism is precisely set: within 30 calendar days of receiving notice the employee may demand written substantiation; the employer answers within 7 calendar days; absent substantiation, a court challenge is possible within 30 calendar days, and the burden of proof shifts to the employer. Where the decision is declared void, the court orders reinstatement, an equivalent job or compensation, together with remuneration for forced absence.
Frequently asked questions
Below we answer the questions most frequently asked about the legal status of teachers.
Can a teacher's fixed-term contract be renewed indefinitely?
A term exceeding 30 months, or consecutive fixed-term contracts surpassing 30 months in total, are deemed indefinite. A fixed-term contract concluded without a lawful ground is also indefinite — the chain of renewals thus breaks automatically.
What must the contract contain?
Information on the parties, the start date and duration, working and rest time, the place of work, the position, remuneration and payment, overtime pay, leave, the termination procedure and, where relevant, collective-agreement provisions.
What compensation does a dismissed teacher receive?
With 30 days' notice — at least 1 month's remuneration; with 3 days' notice — at least 2 months'. A dismissal declared void adds reinstatement or an equivalent job and remuneration for forced absence.
How is a dismissal challenged?
Written substantiation is demanded within 30 calendar days of notice; the employer answers within 7 calendar days; the court challenge is again possible within 30 calendar days, and absent substantiation the burden of proof passes to the employer.
How We Help on Legal.ge
The lawyers of Legal.ge examine every aspect of a teacher's contract: the lawfulness of the fixed term, the essential conditions, the amendment of internal rules, the grounds of dismissal and compensation. We will help demand substantiation, prepare a court claim and achieve reinstatement or compensation. Contact us — the deadlines are statutory and must be used in time.