What a Wage Arrears and Overtime Dispute Covers
A dispute over wage arrears and overtime begins under the Georgian Labour Code with demands that are simple to compute: how much, for which period, and at what rate. Remuneration is the basic or minimum remuneration, the salary or any other consideration paid in money or in kind which the employee receives from the employer in return for performing work. Its form and amount are determined by the employment contract, and it must be paid at least once a month. This means that delaying a salary for months, or paying it only in part, is always a violation of law, whatever reasons the employer invokes.
The core legal lever against arrears is the statutory interest: for each day of delay of any remuneration or settlement the employer must pay the employee 0.07 percent of the delayed amount. The rule accrues for every day of delay and is framed as an independent demand in the conciliation procedure or in court. A single exception exists: the rule does not apply to the compensation for forced absence provided by law.
Overtime Work — When and How It Must Be Paid
Overtime is work performed by agreement of the parties in a period of time whose duration exceeds the normalized working time. It is remunerated at an increased hourly rate of pay; the amount is determined by agreement of the parties, and payment must be made together with the first monthly remuneration following the overtime work. A minor's overtime work must not exceed 2 hours in total per working day and 4 hours in total per working week.
The rules fix two further details that matter in disputes: the employer must notify the employee in writing about overtime work 1 week in advance, unless warning is impossible due to the employer's objective needs; and the parties may agree, instead of pay, to grant proportionate additional rest time, which must be granted no later than 4 weeks after the overtime was worked. Work performed to prevent or eliminate the consequences of a natural disaster is performed without overtime pay, while preventing or eliminating the consequences of an industrial accident is paid with overtime pay. Deploying pregnant women, new mothers, nursing mothers and other protected employees to overtime without their consent is prohibited.
Forced Idle Time and the Final Settlement
The period of forced idle time often forms part of the dispute: unless the employment contract provides otherwise, an employee receives full remuneration for forced idle time caused by the employer's fault, while idle time caused by the employee's fault is not remunerated. If the enterprise stands idle and you could not work because of the employer, the claim for full pay for those days is directly secured by law.
On termination of the employment relationship the arrears crystallize in the final settlement: the employer must make it no later than 7 calendar days after termination, unless otherwise determined by the contract or by law. Once that deadline passes, the 0.07 percent accrues daily on the remaining amount. A dismissed employee should frame this demand together with the others — overtime, unused leave, accrued amounts — as a single package.
Deadlines and Procedure
A wage claim must be brought in court within 1 year from the moment the employee knew or should have known of the violation of the right — in arrears cases, typically the fixed payment date. Before the court, the Code prescribes conciliation procedures: a written notice with precise demands, the other party's duty to respond within the period fixed by law, and the right to apply to the court if no agreement is reached. The consideration of the dispute does not suspend the employment relationship.
What Does Not Apply in Georgia
The United States machinery of special wage liens on the employer's property and simplified small-claims courts for wage recovery does not exist in the Georgian system: the Georgian route runs through the demands of the Labour Code — the remuneration rules, the daily 0.07 percent and the limitation period — applied in the general procedure. Your computation and your claim must therefore be built on precisely these norms.
Frequently Asked Questions
Below we answer the questions that arise most frequently in disputes of this kind in our practice.
What interest accrues on delayed salary?
For each day of delayed remuneration or settlement the employer must pay 0.07 percent of the delayed amount. The rule does not extend to compensation for forced absence.
At what rate must overtime be paid?
Overtime is remunerated at an increased hourly rate; the specific amount is set by agreement of the parties and must be paid together with the first monthly remuneration after the work is performed.
When must the final settlement happen on dismissal?
No later than 7 calendar days after termination of the employment relationship, unless the contract or the law provides otherwise.
How long do I have to sue?
A claim arising from the Labour Code may be brought within 1 year from the moment you knew or should have known of the violation of your right.
How We Help on Legal.ge
The advocates of Legal.ge begin wage disputes with arithmetic: we analyse the contract, payrolls and time-keeping records, compute the principal arrears, the overtime at the increased rate and the daily 0.07 percent, and prepare the written notice and the statement of claim. Contact us — we will present the computation at the first consultation and will not let the limitation period slip.