The Essence of the Service: Enforcing a Monetary Award from a Labor Dispute
Enforcement of a financial claim arising from a labor dispute is the procedure through which a monetary award — for example unpaid or unduly withheld remuneration, salary, dismissal compensation or another amount recognized in the field of labor law — is actually collected within enforcement proceedings. The governing statute is the Georgian Law on Enforcement Proceedings: its Article 2 defines the acts subject to enforcement, Article 20 the rules on the enforcement sheet (writ), Article 25 the commencement of enforcement, and Article 31 the protection of the debtor's interests during compulsory enforcement.
In practice this final stage often proves the hardest: a favorable court decision must first be converted into an enforceable document, and then, through the National Bureau of Enforcement, carried through to actual payment. This page describes that path in detail — under the rules the law establishes precisely, and with the guarantees that protect the debtor as well.
Which Acts Are Subject to Compulsory Enforcement
Under Article 2 of the law, the acts subject to enforcement include, among others, decisions, rulings and determinations of courts that have entered into legal force in civil and administrative cases. A labor dispute is a civil case, so a court decision obtained against the debtor employer becomes enforceable on this basis once it enters into legal force. The same article also subjects to enforcement an arbitration award, a notarial act, an award of a foreign or international arbitration and other acts provided for by law — which matters where a labor dispute was resolved in arbitration or through a settlement given notarial form.
It should be noted that the list of enforceable acts in the law is broad and is amended periodically. For an exact catalogue the current wording should always be checked; this page sets out the categories most frequently used in the enforcement of labor disputes.
The Enforcement Sheet and the Commencement of Enforcement
Enforcement proceedings are not commenced without an enforcement sheet (the original writ), save for the exceptions expressly provided for by law (Article 20). The enforcement sheet is issued in respect of a decision subject to enforcement under this law, and it is issued to the creditor. In the labor context this means that, on the basis of the decision that has entered into legal force, the creditor — the former employee — receives the enforcement sheet and through it commences the collection of the monetary claim.
The National Bureau of Enforcement commences enforcement proceedings on the basis of the creditor's written application for compulsory enforcement and the enforcement sheet (Article 25). The sheet or the enforceable decision is submitted to the territorial organ of the Bureau according to the location of the debtor or the debtor's property; where the creditor is a natural person, observance of the territoriality principle is not mandatory. A certified copy of the enforceable decision must be attached to the sheet.
An important rule concerns interest and penalties: where the decision provides for an increase of the creditor's claim over the principal amount as a result of interest or penalty accrual, the accrual of interest or penalty on the principal stops from the day the enforcement proceedings commence, and resumes only from the day the Bureau returns the enforcement sheet to the creditor. In cases of unpaid salary this rule directly affects the economics of enforcement, so it must be taken into account when calculating the claim.
Notifying the Debtor and Protecting the Debtor's Interests
The National Bureau of Enforcement informs the debtor of the commencement of proceedings no later than 5 days after commencement. The debtor is told that, within 7 days of being informed, voluntary fulfillment of the claim will result in only the corresponding part of the enforcement fee prepaid by the creditor being charged, while failure to fulfill voluntarily will result in the full amount of the fee being charged; the debtor is also told of their rights, of the legal consequences of the commencement of enforcement proceedings, and of the possible compulsory measures. At the same time, in cases of collection of money, together with the delivery of the proposal the executor immediately begins the search, description and seizure of the debtor's property in the manner established by the law; the specific time and place of a compulsory enforcement measure are not additionally communicated to the debtor.
The debtor's — here the employer's — interests are protected by Article 31: where special circumstances at the place of enforcement (illness of the debtor or a family member, death or another emergency) make the continuation of the relevant action contrary to the general principles and norms of morality, the Bureau may, on the debtor's application, postpone a given compulsory measure for a period of up to 6 months, and may once extend that period by up to 6 further months. If after the expiry of that period the factual circumstances have not changed, the court may, on the debtor's application, fully or partially cancel the enforcement measure, prohibit it, or temporarily suspend it for up to 3 months. If the factual circumstances have changed, the court may, on the creditor's application, cancel or amend the ruling on enforcement. These applications are examined under the rules of the Civil Procedure Code.
Frequently Asked Questions
What is needed to commence enforcement proceedings?
The creditor's written application and the enforcement sheet. Proceedings are not permitted without the original writ; the sheet is issued in respect of an enforceable decision that has entered into legal force, and it is issued directly to the creditor.
What happens to interest after enforcement commences?
From the day the enforcement proceedings commence, the accrual of interest or penalty on the principal amount of the creditor's claim stops, and resumes only from the day the National Bureau of Enforcement returns the enforcement sheet to the creditor.
How quickly, and how, is the debtor notified of commencement?
The debtor is informed no later than 5 days from the commencement of the proceedings. A 7-day window for voluntary fulfillment follows: within it only a proportional part of the prepaid enforcement fee is charged; otherwise the fee is charged in full.
Can the debtor obtain a postponement of a compulsory measure?
Yes. In special circumstances — illness, death or another emergency — where continuation would contradict the principles of morality, the Bureau may postpone the measure for up to 6 months and extend it once by up to 6 further months; after expiry the court may cancel, prohibit or suspend the measure for up to 3 months.
How We Help on Legal.ge
Enforcing a financial claim from a labor dispute demands precise management of both the court and the enforcement stage. The Legal.ge platform lets you find an experienced labor and enforcement law lawyer who will help you obtain the enforcement sheet, draft the application correctly, take part in the search and seizure of the debtor's property and, where necessary, defend your interests before the Bureau or the court. Choose a specialist on our platform and carry your claim through to actual payment with professional support.