The Labour Migration Law and the Labour Inspection
Compliance with the rules on the employment of aliens in Georgia is determined by the Law on Labour Migration. Under Article 14 of that law, administrative liability for violations of the requirements in the sphere of labour migration is defined by this law, while the conduct of administrative offence cases is governed also by the Code of Administrative Offences and the Law on Labour Inspection. Control is exercised by the labour inspection, which is authorised to impose liability and administrative penalties on infringers.
For an employer this means that an audit is not a theoretical risk: a protocol drawn up by the inspection genuinely turns into a fine where the terms of the contract, the right to work or the documentation are not in order.
Mandatory Conditions of the Contract
Article 13-2 of the law provides that an employment contract between a labour immigrant and a local employer must indicate, together with the essential conditions envisaged by the Labour Code: the name, surname and personal number of the labour immigrant, or the number of his residence card or passport; the name and identification number of the employer organisation; its legal and actual addresses and bank details; the date of entry into force and the term of the contract; the workplace, including the full name of the structural unit, and its full address; and the basic rights, duties and liability of the parties.
The form is also strictly defined: the contract is concluded only for a fixed term, in writing, in Georgian and in the labour immigrant's native language or another language understandable to him. This requirement is often left unsatisfied — and it is precisely what becomes the basis of a protocol.
Working Without the Right
Article 16-1 establishes the heaviest sanction: any remunerated activity carried out by a labour immigrant without the right to labour activity entails a fine on the local employer of 2 000 GEL, individually per each labour immigrant, and at the same time a fine on the labour immigrant himself of 2 000 GEL. For a self-employed alien the fine is likewise 2 000 GEL.
Repetition increases the price: a repeated commission of the same violation entails a double fine, and where the person already penalised commits it again — a triple amount. Thus a single uncorrected defect turns within a short time into a repeatedly increased fine.
Violation of the Terms of the Contract
Article 16-4 treats a violation of the terms of the labour contract as a warning or a fine, by category: an individual employer with income of up to 100 000 GEL in the previous year — no less than 200 GEL but no more than 400 GEL; an individual with income over 100 000 GEL — 300 to 800 GEL; a VAT payer whose taxable operations over 12 months do not exceed 100 000 GEL — 300 to 800 GEL; from 100 000 to 500 000 GEL — 400 to 900 GEL; over 500 000 GEL — no less than 600 and no more than 1 000 GEL; other employers — 200 to 400 GEL.
Aggravating circumstances: a violation committed against a minor, a pregnant woman or a person with disabilities entails a double fine; repetition within 1 calendar year of the imposition of a penalty again means a double amount.
The Duty to Cooperate with the Inspection
Article 16-2 regulates obstruction of the labour inspection's activity or failure to present the alien's identification documentation. The fines here are significantly higher: for an individual employer — 1 000 GEL with income up to 100 000 GEL and 2 000 GEL above that; for VAT payers — 2 000, 5 000 or 7 000 GEL depending on the volume of operations; for other employers — 1 000 GEL; for a self-employed alien — 5 000 GEL. Repetition within one year means a double fine.
Every defect discovered by an audit — in term, form, language or content — is assessed precisely under these articles, which is why it is rational to verify compliance in advance, before a sanction is imposed.
Frequently Asked Questions
Below we answer the questions most frequently raised about immigration compliance.
What is the fine for an alien working without the right?
2 000 GEL on the employer per each immigrant and 2 000 GEL on the immigrant; on repetition — double, thereafter triple.
In which languages is the contract concluded?
In writing, for a fixed term, in Georgian and in the immigrant's native or another language understandable to him.
What must additionally be in the contract?
Identification of the parties, addresses and bank details, the date and term, the workplace with its full address, and the rights and duties of the parties under the statutory list.
What is the fine for failing to present documents?
Depending on the employer's category — from 1 000 to 7 000 GEL; for a self-employed alien — 5 000 GEL.
Who exercises control?
The labour inspection, authorised to draw up protocols and impose the penalties established by law.
How We Help on Legal.ge
The Legal.ge team conducts compliance audits for employers: checks contracts against the requirements of Article 13-2, assesses the documentation of the right to work and identifies in advance the defects that would otherwise turn into an inspection protocol and a fine.
Contact us on Legal.ge: an audit before the fine is far cheaper and removes the risk entirely lawfully.