What Wrongful Termination Means Under the Labour Code
Assessing a wrongful termination under the Georgian Labour Code comes down to two questions: did a lawful ground exist, and was the termination procedure observed. The United States model of at-will employment, under which an employer may end the relationship at any time and for almost any reason, does not operate in Georgia: terminating an employment contract always requires a ground named in the law and compliance with the prescribed procedure. The absence of either element alone turns the decision into the subject of a court challenge.
The first step of the challenge is always demanding substantiation: the employee may, within 30 calendar days of receiving the notice of termination, require the employer to substantiate the ground in writing, and the employer must answer within 7 calendar days of the demand. If the employer produces no substantiation, the employee may apply to the court within 30 calendar days, and the burden of proving the factual circumstances of the dispute shifts to the employer.
The Closed List of Termination Grounds
The grounds for terminating an employment contract are exhaustively listed in the Code and include: economic, technological or organizational changes necessitating a reduction of the workforce; expiry of the contract term; completion of the work stipulated in the contract; the employee's own-initiative departure on the basis of a written declaration; written agreement of the parties; lack of qualification or professional skills; gross breach of a duty; repeated breach of a duty where a disciplinary measure has already been applied within the last 1 year; prolonged incapacity where its duration exceeds 40 consecutive calendar days or the total within 6 months exceeds 60 calendar days; entry into legal force of a court judgment; a decision declaring a strike unlawful; death; the commencement of liquidation proceedings; and another objective circumstance justifying termination. No ground outside this list exists.
Dismissals grounded on internal rules receive special scrutiny: a breach of obligations imposed by the internal labour rules becomes a ground for termination only where the rules form part of the employment contract. The Code also defines periods in which termination is categorically prohibited: on discriminatory grounds; during the protected period following notification of pregnancy; on call-up to military or alternative labour service and during its performance; and while serving as a jury member. Violating any of these prohibitions means directly that the decision is unlawful.
The Termination Procedure and the Compensation Amounts
A breach of procedure is just as much a ground for annulment as the absence of a ground. Where the employer terminates on the economic, technological, organizational, qualification, prolonged-incapacity or other-objective-circumstance grounds, it must warn the employee with prior written notice at least 30 calendar days in advance and grant compensation of at least 1 month's remuneration. The employer may shorten the notice to at least 3 calendar days, but then the compensation must be at least 2 months' remuneration. Where the employee leaves on their own initiative, they warn the employer at least 30 calendar days in advance.
From receipt of the substantiation the employee has 30 calendar days to challenge the decision in court; without having demanded substantiation, the same window runs from receipt of the notice. If the claim is refused acceptance or left unexamined, a repeated application with the same claim may be filed within 30 calendar days of delivery of the ruling. When the court declares the termination decision null, the employer must reinstate the person at the former workplace, provide equivalent work, or pay compensation.
The Dispute Framework and What Does Not Apply
A challenged termination is a dispute as defined by the Code: it is born by written notice and is resolved through conciliation procedures and/or by applying to a court or arbitration, while the consideration of the dispute does not suspend the employment relationship. It must be stressed: the only route for challenging a wrongful termination is the court claim — for these cases the Code prescribes precisely the court mechanism, not an administrative complaint. And the American at-will model, where only the presence or absence of a contract decides the question, does not apply in Georgia: the Georgian system demands both a ground and a procedure.
Frequently Asked Questions
Below we answer the questions that arise most frequently in disputes of this kind in our practice.
Which actions can be grounds for termination?
Only the grounds named in the Code — the list is closed. If the ground of your dismissal does not fit the list, the decision is unlawful and can be challenged in court.
What if the employer produces no substantiation?
If no substantiation arrives within 7 calendar days of your demand, you have 30 calendar days to apply to the court, and the burden of proving the factual circumstances shifts to the employer.
Can an employee be dismissed during pregnancy?
During the protected period after the employer is notified of the pregnancy, termination is prohibited, except for certain grounds provided by law, such as expiry of the contract term, mutual agreement or the employee's own-initiative departure.
What do I get if I win?
By decision of the court the employer must reinstate you at the former workplace, provide equivalent work, or pay compensation.
How We Help on Legal.ge
The advocates of Legal.ge analyse the lawfulness of a dismissal along the Code's two axes: we test the ground against the closed list and the prohibitions, then test the procedure — the notice periods and the compensation amounts. We draft the demand for substantiation, count every procedural deadline and represent you in court. Contact us on the day of the dismissal itself — the 30-day windows start running from the very first day.