The Right to Labour Activity — What It Is and Who Needs It
Article 3 of the Law on Labour Migration defines the basic concepts: a labour immigrant is an alien who does not hold a permanent residence permit in Georgia and who enters Georgia for employment with a local employer and remunerated labour activity; a local employer is a legal entity registered in Georgia, an individual entrepreneur registered in Georgia, a cooperative, a representative office of a foreign organisation registered in Georgia, or a person lawfully residing in Georgia who is entitled under Georgian legislation to have an employment relationship with such an alien.
Within this framework Article 13-4 establishes the core rule: where a labour immigrant is employed by a local employer for remunerated labour activity, he is obliged to obtain the right to labour activity through the local employer, while a self-employed alien obtains it directly. Confirmation of the right to work is thus a specific state procedure, without which remunerated activity counts as a violation.
The Grant Procedure
An application for the grant of the right to labour activity is submitted to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs: by the self-employed alien directly, and by the local employer after the conclusion of the employment contract. The ministry starts the envisaged procedures and adopts one of two decisions: to grant the right or to refuse it. During the examination the ministry may request additional information from the employer or the self-employed alien or require the elimination of inaccuracies.
The deadline is set by law: after the complete submission of the application and accompanying documentation, the total examination period must not exceed 30 calendar days. The results are communicated electronically to both the employer and the immigrant.
After Obtaining the Right — the Next Steps
Article 13-5 determines what the immigrant must do after obtaining the right. If he is not yet on the territory of Georgia, he must apply for a D1 immigration visa no later than 30 calendar days from obtaining the right. If he is already in Georgia, he must apply for a work residence permit no later than 10 calendar days.
Where the immigrant already holds a residence permit of a type defined by legislation, or carries out his activity fully remotely and does not need to enter Georgia, this obligation does not apply. On the employer's side it is important that early termination of the contract or an amendment to it must be reflected in the special electronic system of labour migration within 5 calendar days; and where the relationship is to continue, an extension of the right must be requested no less than 30 calendar days before its expiry.