The drafting of internal labour rules in Georgia is attached directly to the statute, and one terminological circumstance must be cleared away at the very first step: some older sources refer to the internal rules by a different article number, whereas in the Labour Code currently in force the internal rules are codified by Article 23 — even the second part of Article 47 refers to the internal rules by that current numbering. The three pillars of this page are: Article 23 — the internal-rules norm itself; Article 47 — the condition of its enforceability; and Article 1 — the lower boundary of its content. The acknowledgement-page and disclaimer regime of United States law does not exist in the Georgian system — the enforceability of internal rules derives from their incorporation into the contract, not from a formal act of confirming awareness.
What the internal rules are and what they define
Under Article 23 of the Code the employer has the right to establish internal labour rules and is obliged to communicate them to the employees. The internal rules are a written document by which may be defined: the duration of the working week and the start and end times of work, the duration of shifts; the duration of breaks; the time, place and procedure of remuneration; the duration and granting procedure of paid and unpaid leave; rules for the protection of working conditions; the types of incentives and liability and the rules of their application; and the procedure for reviewing applications and complaints. Taking account of the specifics of the work, special rules may also be defined — the list is not closed, but every additional rule must preserve compliance with the law.
The decisive condition of enforceability
Article 47 determines the practical significance of the internal rules. Among the grounds for termination of an employment contract are the employee's gross breach of an obligation imposed by the internal rules or — against the background of a disciplinary measure already applied within the last 1 year — a repeated breach. But the second part of the same article sets a boundary for these grounds: a breach of an obligation imposed by the internal rules becomes a ground for dismissal only if the internal rules are part of the employment contract. This is the decisive drafting choice: the internal rules are either signed together with the contract or are indicated in the contract as its part — otherwise disciplinary sanctions can no longer serve as a ground for dismissal.
The lower boundary of the content
Article 1 sets a boundary for every provision of the internal rules: an employment contract may not define norms different from those provided by law that worsen the position of the employee. The sixth part of Article 23 repeats the same directly with respect to the internal rules: a provision of the internal rules that contravenes the law, the individual employment contract or a collective agreement is void. In drafting, every item must pass this double test: inviolability of the statutory minimum and consistency with the individual and collective contracts.
The equal-treatment duty
The fourth part of Article 23 regulates a separate block of drafting: the employer is obliged to take measures to secure the principle of equal treatment of employees and, among other things, to reflect anti-discrimination provisions in the internal rules and other documents. Under the same article the employer is obliged to facilitate the realisation of the rights of persons with disabilities at the workplace, within the scope of reasonable accommodation. This means that where a modern internal-rules document is a document of work schedule and discipline, it is equally a document of equality and accommodation.
The practical sequence of drafting comprises five steps. First — filling in the list of Article 23: every mandatory item is defined with regard to the specifics of the organisation. Second — defining additional special rules only where the nature of the work requires them. Third — reflecting the anti-discrimination provisions and the application and complaint review procedure. Fourth — organising the mechanism of incorporation into the contract, so that the condition of the second part of Article 47 is satisfied. Fifth — recording familiarisation: the confirmation of every employee's familiarisation with the rules remains documented. In this sequence the document becomes complete, enforceable and lawful at the same time.
Frequently asked questions
Below are the questions most frequently raised about drafting internal labour rules.
Which article governs the internal rules?
Article 23 under the law in force; the old numbering survives in older sources and is no longer operative — the document must be tied to Article 23.
How do the rules become enforceable?
By becoming part of the contract — under the second part of Article 47 a breach of their obligations becomes a ground for dismissal only in that case.
May the rules contain conditions worse than the law?
No — under Article 1 a worsening norm is inadmissible, and under Article 23 a provision contrary to the law and the contracts is void.
Who must be familiarised with the rules?
Every employee — communication of the rules is the employer's duty under Article 23.
How We Help on Legal.ge
The specialists of Legal.ge draft and review internal labour rules in accordance with Articles 23, 47 and 1: we fill in the content provided by law, organise the mechanism of incorporation into the contract and verify every provision for compliance with the minima. Submit a request on this page — receive ready internal rules or an audit of the existing ones.