The Legal Framework of the NGO as Employer
A non-commercial legal person hires its staff under the same Labour Code as any commercial company — no special employment rules for the non-governmental sector exist in Georgian legislation. Hiring in an organization therefore depends on knowing four norms: the pre-contractual information duties (Article 11), the form and term of the contract (Article 12), the mandatory list of essential terms (Article 14), and the continuation of work after expiry (Article 51). These four knots form the legal frame in which an NGO acts in the employer's role.
The Pre-Contractual Stage — Article 11
The relationship with a candidate begins before the contract, and the law regulates that stage too. The employer may obtain information about the candidate, except information not connected with the performance of the work and not necessary for assessing the ability to perform it; the candidate, in turn, must inform the employer of any circumstance that may hinder the work or endanger the employer's interests. The candidate's data may not be made available to another person without consent, and the candidate may reclaim submitted documents if no contract is concluded. The employer must provide the candidate with information about the work to be performed, the form and term of the contract, the working conditions, the employee's legal status and the remuneration. Refusal to hire need not be justified; the equal-treatment provisions, however, must be reflected in internal rules and other documents.
Form and Term of the Contract — Article 12
An employment contract is concluded in oral or written form, for a fixed or indefinite term; where the employment relationship exceeds 1 month, written form is mandatory. A fixed-term contract is, as a rule, permissible only on a statutory ground — a specific volume of work, seasonal work, a temporary increase in workload, replacement of a temporarily absent employee, or another objective circumstance — except where the contract term is 1 year or more. The main protective rule is the continuation construction: where the term exceeds 30 months, or where successive fixed-term contracts together exceed 30 months, the contract is deemed indefinite; contracts are successive if continued immediately upon expiry or re-concluded within 60 days. A fixed-term contract concluded without a ground is likewise deemed indefinite. For starting enterprises a 48-month exception applies, in which a fixed-term contract may not be shorter than 3 months.
Essential Terms — Article 14
The law lists the essential terms of the contract: information about the parties, the start date and duration of the relationship, working and rest time, the workplace, the position and description of the work, remuneration and the procedure of payment, overtime remuneration, the duration and procedure of leaves, the procedure of termination, and — where relevant — collective-agreement provisions. An employment certificate is issued at the employee's request. Internal labour rules may become part of the contract, and any amendment must be communicated to the employee within 14 calendar days of its introduction. Where several contracts exist, the last contract prevails on the same condition; a term contrary to the law or the collective agreement is void, unless it improves the employee's position.
Continuation After Expiry — Article 51
A separate rule governs the case where the contract has expired but, given the nature of the work, its immediate cessation would cause significant harm and endanger human health: the employee must continue working on the employer's instruction until the situation ends, and the employer must pay the remuneration. For NGOs — where grant endings and overlapping deadlines are common — this norm is particularly practical. Volunteering must be distinguished separately: a volunteer relationship lies outside this Code, and an incorrectly drafted boundary between a volunteer and an employee creates precisely the void elements that courts examine when the parties fall out. Building the documentation of both tracks — employment contracts on the one hand, volunteer agreements on the other — with full awareness of which regime applies to which person is the practical core of NGO staffing discipline.
Frequently Asked Questions
Is hiring in an NGO different?
No. A non-commercial legal person hires under the same Labour Code; special employment rules do not exist.
When is written form mandatory?
When the employment relationship exceeds 1 month.
When does a contract become indefinite?
When the term exceeds 30 months or successive contracts together exceed 30 months; a fixed-term contract without a ground is also deemed indefinite.
Can work continue after expiry?
Yes — where immediate cessation would cause significant harm and endanger health, on the employer's instruction and with pay.
How We Help on Legal.ge
Employment in an NGO requires contracts harmonised with the charter, the grants and the Labour Code. On Legal.ge you can engage a labour-law specialist who will prepare contracts and internal rules and defend the organization in disputes. Submit a request on the site and get qualified assistance.