An internal investigation into alleged harassment in Georgia is a legally codified process: which facts the investigation must establish, who bears responsibility and what follows from inaction — all of this is determined by Articles 4, 5, 7, 78 and 62 of the Labour Code. Investigation models characteristic of foreign educational institutions do not exist in the Georgian system — the algorithm of an internal investigation is regulated entirely by the Georgian Labour Code, and it is precisely compliance with its articles that constitutes the employer's defence.
Which facts must be established
Article 4 of the Code defines exactly what conduct is being investigated. Workplace harassment, including sexual harassment, is a form of discrimination: unwanted conduct conditioned on a protected ground, which aims at or causes an infringement of dignity and creates an intimidating, hostile, degrading or offensive environment. Sexual harassment is defined separately as unwanted conduct of a sexual nature pursuing or causing the same result. The object of the investigation also includes retaliation: the termination of the employee's contract or any negative treatment because the employee applied or complained to the relevant body for protection against discrimination, or cooperated with it, is prohibited. The conclusion of an internal investigation must rest on precisely these three categories of facts.
The scope of application
Article 5 of the Code determines where the conduct was committed: discrimination is prohibited in labour and pre-contractual relations — including the publication of a vacancy announcement and the selection stage. The prohibition extends to selection criteria, employment conditions and access to career advancement at every level of the professional hierarchy regardless of the field of activity, as well as to access to every form of professional training and retraining. This means an internal investigation cannot confine itself to employees: episodes involving candidates also become the subject of investigation where an ongoing relationship is affected.
The burden of proof and employer liability
Article 7 regulates the architecture of the investigation precisely: in a dispute connected with the prohibition of discrimination the burden of proof lies on the employer where the candidate or the employee points to facts creating a basis for a reasonable assumption that the employer violated the prohibition. The internal investigation file is therefore the employer's principal instrument of defence: a properly compiled body of investigation material is the very evidence with which the employer shoulders the shifted burden.
The note to Article 78 defines the trigger of liability: an employer may be held liable where it became aware of a fact of harassment or sexual harassment and failed to notify the Labour Inspectorate of that fact or failed to take appropriate measures to stop the conduct. The violation entails a warning or a fine in the triple amount, and repetition within one calendar year — a fine in the double amount. From the moment of knowledge the employer chooses: notify the Inspectorate or take measures — and the internal investigation is precisely such a measure.
From the investigation to the conciliation procedure
The outcome of an investigation often grows into an individual dispute, and Article 62 of the Code regulates its path: one party sends the other a written notice with precise demands; the other party is obliged to communicate its decision in writing within 10 calendar days; where no agreement is reached, the right to apply to the court opens after 14 calendar days. The written decision reached becomes part of the existing employment contract — which means that part of the facts established by the investigation can be fixed by agreement and thereafter protected at the level of the contract.
The content of the investigation file is decisive for its subsequent use. It must reflect the time the complaint was received, the list of persons interviewed, the written evidence, the date the conclusion was adopted and the content of the measure taken. Where the employer takes a measure, the fact of action must be formally documented; where the decision is to inform the Inspectorate, a copy of the notification is attached to the file. Such discipline minimises the risk flowing from the note to Article 78 and eases the carriage of the burden distributed by Article 7.
Frequently asked questions
Below are the questions most frequently raised about internal harassment investigations.
Who must prove whether there was harassment?
Under Article 7 — where the employee presents a basis for a reasonable assumption, the burden shifts to the employer; the internal investigation file is the employer's means of defence.
When does the employer become liable?
Under the note to Article 78 — where it learned of the fact and neither notified the Inspectorate nor took measures; the sanction is a triple fine, on repetition — a double fine.
Does the investigation concern candidates too?
Yes — the prohibition covers pre-contractual relations as well, including the vacancy announcement and the selection stage.
What happens after the investigation?
The dispute is resolved under Article 62: a written notice, a reply within 10 calendar days and the court route after 14 calendar days; an agreement becomes part of the contract.
How We Help on Legal.ge
The specialists of Legal.ge assist in planning and conducting internal investigations into harassment in accordance with Articles 4, 5, 7, 78 and 62 of the Labour Code: we establish the factual circumstances, assess the distribution of the burden of proof, prepare the notification to the Inspectorate and the conciliation procedure. Submit a request on this page and receive a confidential assessment.