Internal Labour Rules and Their Role
The foundation of disciplinary liability is often the internal labour rules: the employer is entitled to adopt internal labour rules and is obliged to familiarize employees with them. This written document may define the duration of the working week and working day and rest time, the time, place and manner of remuneration, the rules for paid and unpaid leave, the protection of working conditions, the forms of incentives and liability and the rules of their application, as well as the procedure for examining applications and complaints. Specific rules may also be adopted in view of the specifics of the work.
The law also sets boundaries here: the employer must ensure the principle of equal treatment of employees and reflect anti-discrimination provisions in the internal rules and other documents, must facilitate the realization of the rights of persons with disabilities, and any provision of the internal rules that contradicts the law, the individual or collective employment contract is void.
Dismissal on Disciplinary Grounds
Among the grounds for termination of an employment contract, two are disciplinary: the employee's gross violation of an obligation imposed by the individual or collective contract or the internal labour rules; and an ordinary violation of such an obligation where a measure of disciplinary liability has already been applied against the employee within the last 1 year. One violation must therefore be gross enough by itself, while the second time repetition decides.
An important restriction applies: a violation of an obligation imposed by the internal labour rules becomes a ground for termination only where the internal rules form part of the employment contract. The law also expressly protects certain categories: termination is impermissible on grounds of discrimination, during the period following notification of pregnancy, during military or alternative service, or while serving as a juror.
Notice and Compensation
Under the general rule, when terminating on the defined grounds the employer must warn the employee at least 30 calendar days in advance by sending prior written notice, and in that case the employee receives compensation of at least 1 month's remuneration. An alternative exists: the employer may warn the employee at least 3 calendar days in advance, but then compensation of at least 2 months' remuneration is paid. Where the employee leaves of their own accord, that employee must warn the employer at least 30 calendar days in advance.
These rules strike a balance: the less time the employee has after notice, the greater the compensation due — and vice versa. Matching the correct procedure to the specific ground matters, because a wrongly chosen track renders the decision itself contestable. In the disciplinary setting this means the employer must first determine which charge it holds — a gross violation or a repetition — and only then select the corresponding variant of notice and compensation.
Demanding Substantiation and Court Challenge
Employees hold particularly significant guarantees: within 30 calendar days of receiving notice of termination, the employee may send the employer a written demand for written substantiation of the ground for termination. The employer is obliged to substantiate the ground in writing within 7 calendar days of the demand. If no substantiation is provided in time, the employee may challenge the decision in court within 30 calendar days, and in that case the burden of proving the factual circumstances shifts to the employer.
The general period for a challenge is likewise 30 calendar days — from receipt of the substantiation or, where no demand was made, from receipt of the notice of termination. Where the court declares the decision void, the employer must, by court decision, reinstate the person in the former workplace, ensure equivalent work or pay compensation determined by the court; the employee may also claim compensation for forced idleness from the date of termination until enforcement of the judgment. When setting that compensation the court takes into account what the employer already paid under the notice rules, so the amounts already received do not duplicate the award.
Frequently Asked Questions on Disciplinary Procedures
When is dismissal on disciplinary grounds possible?
On a gross violation of an obligation or on a repeated violation where a disciplinary measure was applied within the last 1 year — and only where the internal rules form part of the employment contract.
What compensation do employees receive?
With 30 days' notice — at least 1 month's remuneration; with 3 days' notice — at least 2 months' remuneration.
How must the employer substantiate the dismissal?
In writing, within 7 calendar days of the written demand; otherwise the burden of proof in court shifts to the employer.
What does a successful challenge achieve?
Reinstatement in the former position, equivalent work or court-determined compensation, plus compensation for forced idleness from termination until enforcement.
How We Help on Legal.ge
A disciplinary dispute demands exact tracking of deadlines: notice, substantiation and challenge periods are interdependent, and one missed step can undo the position. The Legal.ge team assists employees in demanding substantiation and pursuing a challenge, and employers in applying internal rules and procedures correctly. Contact us — we will assess your case and defend your interests.