Redundancy (staff reduction) is a legitimate tool for business optimization, but it requires strict legal justification. The employer must prove that the reduction is caused by real economic necessity, organizational changes, or improvements in technological processes. Often, companies make the mistake of dismissing an employee under the pretext of "redundancy" and hiring a new person for the same position the very next day. This is illegal and leads to disputes. This service helps companies correctly plan and execute individual or small-scale redundancies.
Lawyers registered on Legal.ge consult employers on selection criteria (who stays and who goes) to rule out discrimination. A complete documentary package is also prepared: reorganization order, new staffing table, and dismissal notices. The goal is to make the process transparent and minimize the risk of litigation.
What does the Redundancy Consultation service cover?
- Justification Preparation: Legal formulation of economic and organizational reasons for the order.
- Selection Criteria: Developing objective criteria (qualification, tenure, performance) to select employees.
- Documentation: Preparing reorganization plans, new structures, and dismissal orders.
- Notice Process: Monitoring compliance with the statutory 30-day advance notice period.
- Compensation Calculation: Calculating the minimum 1-month compensation and additional packages.
- Risk Management: Identifying pregnant women, those on maternity leave, and other protected groups whose redundancy is restricted.
Common scenarios requiring this service
A typical scenario is a company implementing new software, eliminating the need for a manual data entry operator. This is technological redundancy. Another scenario is merging departments to save costs, where one out of two managers must be selected. Here, objective evaluation is crucial so the dismissed person cannot claim discrimination. A third case is a sales decline forcing the company to reduce staff.
Georgian Legal Framework
Redundancy is regulated by Article 37(a) of the Labor Code (economic circumstances, technological or organizational changes). It is important that the reorganization is real, not fictitious. Court practice requires the employer to substantiate the link between reorganization and the abolition of a specific position.
Step-by-step service process
The lawyer reviews the company's plan. A reorganization order describing the reasons is drafted. Then employees are evaluated and selected. Selected candidates receive a warning. Finally, a dismissal order is issued, and compensation is paid.
Why choose a specialist on Legal.ge?
Incorrect redundancy is the most common cause of lost court cases. On Legal.ge, you will find experts who will help you conduct this unpopular process in full compliance with the law and with minimal damage to human resources.
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