Executing dismissal procedures is one of the riskiest actions for an employer. Georgian court practice shows that employees win the majority of reinstatement disputes precisely due to procedural errors. The law requires not only the existence of a valid ground (e.g., disciplinary misconduct or incompetence) but also the correct written documentation of this ground and adherence to deadlines. Any flaw — citing the wrong article, violating the notice period, or late delivery of the order — can be grounds for the court to declare the dismissal illegal. This service ensures that the termination process is conducted with "surgical precision" and full compliance with the law.
What Does the Dismissal Procedures Service Cover?
Specialists on Legal.ge offer full legal support during the termination of employment relations:
- Legal Analysis of Grounds: Assessing whether there is sufficient evidence (disciplinary records, performance review results) for dismissal under a specific article.
- Document Preparation: Drafting the dismissal order, advance notice letter, and final settlement act.
- Managing Disciplinary Proceedings: Correctly conducting the procedure for obtaining an explanation from the employee, which is necessary for imposing disciplinary liability.
- Final Settlement: Accurate calculation of unused leave, current salary, and statutory compensation.
- Risk Minimization: Evaluating the prospect of potential litigation and recommending the collection of additional evidence.
Common Real-World Scenarios
Lawyer assistance is essential during the following types of dismissals:
- Disciplinary Misconduct: When an employee systematically arrives late, violates internal regulations, or behaves unethically.
- Incompetence/Performance Issues: When an employee fails to perform assigned duties (requires confirmation by attestation or objective criteria).
- End of Probation Period: Termination during the probation period, which implies a relatively simplified procedure but still requires justification.
- Expiration of Term: Correctly formalizing the non-renewal of a fixed-term employment contract.
Georgian Legislation and Legal Framework
Termination of employment relations is regulated by Articles 37, 47, and 48 of the Labor Code of Georgia. The Code imperatively establishes that the employer is obliged to substantiate the decision (Article 37, Paragraph 3). The burden of proof lies entirely with the employer — meaning they must prove in court that the dismissal was legal, rather than the employee proving it was illegal.
When dismissing for disciplinary misconduct or incompetence (Article 47, Paragraphs "z" and "t"), a prior written warning or the existence of a disciplinary penalty within the last year is required. For dismissal due to economic reasons (Article 47, Paragraph "a"), a notice of at least 30 days and 1 month's compensation are mandatory.
Step-by-Step Process with a Specialist
Procedural accuracy is maintained through the following steps:
- Case Review: The lawyer checks if there is a real, legal ground for dismissal.
- Strategy Selection: Determining the termination article (agreement, expiration, misconduct).
- Documentation: Preparing all necessary legal documents (order, notice).
- Execution: Delivering documents to the employee and controlling the final settlement payment.
Why Choose a Specialist on Legal.ge?
Many companies have lost disputes simply because they cited the wrong date in the order or forgot to send a warning letter. Legal.ge specialists, with a detail-oriented approach, protect you from costly mistakes. They ensure that every dismissal is legally "bulletproof" and minimize the risk of litigation.
Updated: ...