Grounds of Liability and Appeal
Under the Law of Georgia on Labor Safety, liability for violating labor safety norms is determined by this law and by other legislative and sub-legislative acts of Georgia, while matters connected with administrative offense proceedings are also regulated by the Code of Administrative Offenses. A decision of the supervisory organ on an administrative offense case is appealed in the manner established by Georgian legislation, and the form of the administrative offense protocol and the rules for its completion and submission are determined by an administrative-legal act of the minister. The first stage of the defense is therefore establishing what kind of violation the facts have been classified as and by which procedure the decision may be challenged.
Administrative Penalties and the Instruction
The administrative penalties provided for by the law are a warning, a fine and suspension of the work process. When applying a warning or a fine, the supervisory organ issues an instruction to correct the detected violation within a reasonable period. The reasonable period is determined on the basis of consultation with the employer, the labor safety specialist and the employees' representative, and is recorded in a protocol signed by both parties. After the period expires, the organ inspects the violator and draws up an inspection act recording whether the instruction was fulfilled or not. This mechanism creates room for defense: timely fulfillment of the instruction averts the harsher penalty.
The Fine Tiers
Under the relevant norm of the law, a violation of the requirements it provides for causes a warning. Failure to comply with an instruction issued on the basis of that warning leads to a fine by category: a natural person with income of up to 100 000 lari in the previous calendar year is fined 100 lari, but no more than 2 000 lari for the non-fulfillment of each requirement; a natural person with income of 100 000 lari or more — 200 lari, but no more than 4 000 lari; a VAT payer whose taxable operations over the previous 12 calendar months do not exceed 100 000 lari — 200 lari, but no more than 4 000 lari; the same with operations between 100 000 and 500 000 lari — 600 lari, but no more than 10 000 lari; with operations exceeding 500 000 lari — 1 000 lari, but no more than 14 000 lari; and any other employer — 100 lari, but no more than 2 000 lari. Repetition of the same act within 1 calendar year of the imposition of the penalty causes a fine at double the amount. Where the fine is not paid within the established period, the supervisory organ charges arrears at double the amount of the fine, and compulsory enforcement follows if the fine and arrears remain unpaid within 30 days of the imposition of the arrears. Where a critical non-conformity endangers the life or health of an employee or a third party, the organ must suspend the work process at the specific section or workplace and submit a motion to the court within 24 hours to have the suspension approved; after the violation is corrected, the authorized official must cancel the suspension within 24 hours. The appeal opens administrative proceedings with all their guarantees: the violator may submit explanations and evidence, challenge both the protocol and the decision, and, where the work process is suspended, rely on a motion for judicial confirmation. Defense is therefore not merely a matter of paying or contesting the fine, but of using procedural rights to the full.
Frequently Asked Questions
What penalties does the law provide?
A warning, a fine and suspension of the work process. A violation of the requirements first causes a warning; the fine attaches to the non-fulfillment of the instruction.
How is the correction period set?
By the supervisory organ through consultation with the employer, the labor safety specialist and the employees' representative; the period is fixed in a protocol signed by both parties.
What happens on repetition of the same violation?
Repetition of the same act within 1 calendar year of the imposition of the penalty causes a fine at double the amount.
What if the fine remains unpaid?
Arrears at double the amount of the fine are charged, followed by compulsory enforcement if payment is not made within 30 days; payment of the fine does not release from the arrears.
May the decision be challenged?
Yes — under the procedure established by the Code of Administrative Offenses, and decisions on suspension of the work process require confirmation by the court.
How We Help on Legal.ge
If your enterprise has received an instruction, a fine or a suspension of the work process for violations of labor safety rules, write to us through the contact form on this site. The legal specialists of Legal.ge will examine the correctness of the classification and of the fine tier, and help you with the appeal or the timely correction of the violation. A correct response reduces cost and stops escalation — contact us. Мы оценим ваш экспортный портфель целиком и укажем позиции с наивысшим риском, предложив порядок действий по каждой из них. Мы разграничим формальные и существенные нарушения и подготовим позицию, отражающую оба аспекта спора, с опорой на протоколы и акты проверки.