Dismissal Paperwork: The General Rules
Every document terminating an employment contract in Georgia must rest on a chain of lawful grounds. The American at-will employment model does not operate here: the Labour Code establishes a closed list of termination grounds and subjects each case to written form, deadlines and compensation floors. This page describes the mechanics of that paperwork: which ground must be named in which document, what must be sent to the employee within which period, and where the boundaries lie that annul a dismissal if crossed.
Four articles carry the entire process: Article 47 — the list of grounds; Article 48 — the notice procedure, deadlines and compensation; Article 44 — the deadline for the final settlement; and Article 46 — suspension of the employment relationship, which is not termination and must be kept documentarily separate from it.
The Closed List of Grounds and the Role of Internal Rules
The first paragraph of Article 47 enumerates the grounds for termination: economic, technological or organizational changes requiring a reduction of the workforce; expiry of the contract's term; completion of the work stipulated by the contract; the employee leaving of their own accord on the basis of a written declaration; written agreement of the parties; mismatch of qualifications or professional skills with the position; gross breach of a duty; repeated breach of a duty within the last 1 year after a disciplinary measure; prolonged incapacity exceeding 40 consecutive calendar days or 60 calendar days in total within 6 months; entry into force of a court judgment precluding performance; a court decision declaring a strike unlawful; death; commencement of liquidation; and another objective circumstance justifying termination.
For disciplinary grounds the Code sets a clear condition: a breach of duties imposed by internal labour rules becomes a ground for termination only if those rules are part of the employment contract. The documentary chain is therefore: internal rules → their incorporation into the contract → recording of the breach → termination. A missing link in this chain collapses the dismissal in court. The same article prohibits termination on any other ground, on grounds of discrimination, during the protected period following notification of pregnancy, during call-up or service in the military, and while serving as a juror.
Notice Procedure, Deadlines and Compensation
Article 48 regulates two scenarios. First: on the economic, organizational, qualification, prolonged-incapacity or objective-circumstance grounds, the employer must warn the employee with advance written notice at least 30 calendar days before, and compensation of at least 1 month's remuneration is due. Second: on the same grounds, a short notice of at least 3 calendar days is possible — but then the compensation is at least 2 months' remuneration. When the employee leaves on their own initiative, they give written notice at least 30 calendar days in advance.
After receiving the notice, the employee has 30 calendar days to demand written substantiation, and the employer must provide it within 7 calendar days of the demand. The employee then has 30 calendar days to apply to the court; if the employer never issues the substantiation, the 30-day court window still runs and the burden of proving the facts shifts to the employer. Where the termination is annulled, the court orders reinstatement, equivalent work, or compensation, and the employee is additionally entitled to forced-idle pay from the date of termination until the decision is enforced.
The Settlement Deadline and the Suspension Boundary
Article 44 fixes the last deadline: upon termination, the employer must make the final settlement no later than 7 calendar days from termination, unless the contract or the law provides otherwise. Unused leave, bonuses and other accrued amounts must be calculated and paid within that week.
The final boundary is suspension. Under Article 46, suspension is the temporary non-performance of the contract and is not termination. Its grounds include, for example, strike, exercise of electoral rights, summons to an authority, military service, pregnancy and childbirth leave, childcare or adoption leave, placement in a shelter for victims of violence for no more than 30 calendar days a year, temporary incapacity not exceeding 40 consecutive calendar days or 60 calendar days in total within 6 months, training not exceeding 30 calendar days a year, and leaves. As a rule, remuneration is not paid during suspension, save for statutory exceptions. Documentarily, this means the suspension order and the dismissal order are different acts and cannot substitute for each other.
Frequently Asked Questions
Below we summarize the questions most often asked about termination paperwork.
How far in advance must the employee be notified?
On the employer's main grounds — at least 30 calendar days by written notice, or at least 3 calendar days where compensation of at least 2 months' remuneration is paid. On the employee's own initiative — at least 30 calendar days.
Can an employee be dismissed for breaching internal rules?
Only if the internal labour rules are part of the employment contract. Otherwise the ground does not operate and the dismissal is void.
When must the final settlement take place?
Together with the termination, no later than 7 calendar days from it, unless a different period is set by contract or law.
Is suspension the same as dismissal?
No. Suspension is temporary non-performance that does not end the contract; it has its own grounds and deadlines and must be documented separately.
How We Help on Legal.ge
On Legal.ge we audit dismissal documentation against every requirement of the Code, structure the deadlines for notice and substantiation, and draft the acts that will survive court review. If you have been dismissed and your window has not yet closed, contact us — we will assess the lawfulness of the notice and plan your defence.