Internal Investigation: The Legal Frame
An internal investigation — into a disciplinary matter, harassment or another workplace incident — is in Georgia not a matter of corporate discretion but of a chain of three norms: the internal rules of labour set the standards, the norm on grounds of termination decides when a breach is serious enough, and the dispute-settlement procedure determines what happens after the findings. Foreign doctrinal constructions do not apply directly here — the Georgian investigation is built on internal rules and disciplinary grounds.
Three points decide the lawfulness of an investigation: the existence of the rule, the rule's linkage to the employment contract, and observance of the review procedure.
The Rule Base: What the Investigation Enforces
Under article 23 the employer has the right to adopt internal rules of labour and is obliged to acquaint the employees with them. The internal rules may define the working week and day, the length of a shift and of rest, the time, place and procedure of remuneration, paid and unpaid leave, the protection of labour conditions, the forms of incentive and liability, and — the decisive item — the procedure for considering applications/complaints. That last item is the procedural home of the internal investigation. A provision of the internal rules that contradicts the law, the individual employment contract or the collective agreement is void — an investigation cannot rest on a rule that is itself unlawful.
Article 23 also imposes two further duties that bear on the lawfulness of an investigation: the employer must take measures to secure the principle of equal treatment of employees, including reflecting anti-discrimination provisions in the internal rules and other documents and ensuring their performance; and it must facilitate the realization of the rights of persons with disabilities at the workplace, within reasonable accommodation. An investigation that ignores these duties leaves protected groups in an incorrect position.
The Disciplinary Chain and the Condition of Article 47
Article 47 establishes the grounds of termination as a closed list; among them are the gross violation of an obligation imposed by the individual or collective employment contract and/or the internal rules, and a repeated violation where a disciplinary measure has already been applied during the last 1 year. The list also covers the mismatch of qualification or professional skills with the position, prolonged incapacity for work — where its duration exceeds 40 consecutive calendar days or the total within 6 months exceeds 60 calendar days — and another objective circumstance justifying termination; in the latter case the employer must substantiate that circumstance in the written notice. A special condition distinguishes Georgia from other systems: a violation of an obligation imposed by the internal rules becomes a ground of termination only if the internal rules form part of the employment contract. This means that investigative materials survive in court when the violated rule is linked to the contract and the violation is documented.
Article 47 also defines protected categories: termination is impermissible on the ground of discrimination; during the period following the employee's notice of pregnancy — save for certain enumerated grounds; during call-up or service in the military or alternative labour service; and during the period of serving as a juror in court. For the investigator this list marks the boundary of the inquiry.
The practical conclusion: the investigative file must show the chain — rule, its link to the contract, the fact of violation, the measure; the absence of any link deprives the investigation of enforceability.
Growth into a Dispute and the Conciliation Procedure
If the findings do not reconcile the parties, the dispute regime begins: under article 62 an individual dispute is resolved by conciliation procedures — direct negotiations between employee and employer. A party sends the other a written notice stating precisely the ground of the dispute's origin and the party's claims; the other party must consider the notice and communicate its decision in writing within 10 calendar days of receipt; agreement must be reached within 14 calendar days of receipt — after that the right to apply to court opens. The parties may also agree to refer the dispute to arbitration. If a party evades participation in the procedure, the burden of proving the factual circumstances of the dispute falls on that party — documentation gathered during the investigation serves precisely to meet this burden. During the procedure an increase of the claim or a change of the subject of the dispute is impermissible.
The fixation of the outcome is likewise norm-regulated: within the conciliation procedure the parties adopt a written decision which becomes part of the existing employment contract — findings and agreement on them rise to the level of the contract, and a subsequent violation is assessed as a violation of the contract.
Frequently Asked Questions
Below we summarise the questions most frequently asked about internal investigations.
Which document grounds the investigation?
The internal rules of labour — including the item on the procedure for considering applications/complaints, with which employees must be acquainted.
When may breach lead to dismissal?
Only where the violated internal rules form part of the employment contract — otherwise the ground does not operate.
Which categories are protected?
Dismissal on grounds of discrimination is impermissible; the pregnancy-notice period, military or alternative service and jury duty are protected — save for certain enumerated grounds.
What happens with disagreement over the findings?
A dispute arises: written notice, a 10-day response, a 14-day conciliation window and then court; arbitration is also possible by agreement.
What does evasion of the procedure mean?
Refusal to participate within 14 calendar days shifts the burden of proof to the evading party.
How We Help on Legal.ge
On Legal.ge we place internal investigations on lawful rails: we draft the complaint procedure of the internal rules, build the evidence file that proves the contract chain, and carry the findings into the conciliation procedure. Contact us — your investigation will survive to court.