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.