Probationary period under Georgian Labor Code Article 9
Also known as: Georgia probation period, Georgian probationary employment, Article 9 Labor Code, საცდელი ვადა საქართველო
Article 9 of the Georgian Labor Code permits a probationary period of up to six months at the start of an employment relationship. The probation must be specified in writing in the employment contract; it cannot be added retroactively. During probation, either party may terminate the relationship with three calendar days written notice and no severance obligation. Probation can be applied only once per employer-employee combination — successive probations for the same role are not enforceable.
Probation is the only built-in mechanism Georgian law gives an employer for low-friction termination of a new hire who is not working out. Outside probation, all terminations require Article 47 grounds, 30-day notice, and (for redundancy-style exits) Article 48 severance. Getting probation right at the contract stage means a clean exit option in the first six months; getting it wrong — failing to specify it in writing, exceeding the six-month cap, or trying to extend it — collapses back into the standard termination regime with full notice and severance exposure.
Maximum duration: six months
Article 9 caps the probationary period at six calendar months. Anything longer is unenforceable — the excess period is treated as ordinary post-probation employment, with full Article 47 protections. The cap applies to the total elapsed period from the start of employment, not to working days. A probation specified as "six months" runs from the contract start date for six calendar months, regardless of holidays or leave taken in that period. Most employers specify three months as the practical default; six is the legal ceiling.
Must be in writing in the original contract
The probation clause must appear in the employment contract signed at the start of the relationship. Adding probation retroactively (after the employee has already started working) is not enforceable — the employer cannot impose probation on an existing employee mid-relationship. If the original contract is silent on probation, no probation exists, and Article 47 termination procedure applies from day one.
Termination during probation
- Either party (employer or employee) may terminate during probation
- Required notice: three calendar days, in writing
- No grounds need to be stated by the employer (probation evaluates fit, not cause)
- No Article 48 severance applies — probation termination is severance-free
- Pro-rated wages owed through the last day worked
- Pro-rated unused annual leave must be paid out (Article 26 still applies)
Single use rule
Probation can be applied only once per employer-employee combination. If an employee completes probation successfully and is later moved into a different role within the same employer, a fresh probationary period for the new role is not enforceable. The Code does not contemplate "renewable" or "extendable" probations. The most common employer mistake is structuring a six-month probation as two consecutive three-month periods with an extension option — this is not enforceable, and the employee is in ordinary employment from month three onward.
Conversion to indefinite employment
When probation expires without termination by either party, the employee automatically converts to ordinary employment under the original contract terms. No new contract is required; no formal "completion of probation" notice is required. The conversion is operation of law. From the day after probation ends, full Article 47 termination procedure (30-day notice, grounds, severance for redundancy) applies.
Frequently asked questions
- How long can a probationary period be in Georgia?
- Up to six months under Article 9. The cap is in calendar months from the start of employment. Most employers default to three months; six is the legal ceiling.
- Must probation be in writing?
- Yes. The probation clause must appear in the employment contract signed at the start of the relationship. Probation cannot be added retroactively to an existing employment relationship.
- How much notice is required to terminate during probation?
- Three calendar days, in writing. Either party may terminate. No grounds need to be stated by the employer; no severance applies. Pro-rated wages and accrued leave must be paid out.
- Can probation be extended past six months?
- No. Article 9 caps probation at six months. Any period beyond that is treated as ordinary employment with full Article 47 termination protection.
- Can a new probation apply if an employee changes roles?
- No. Probation is a one-time mechanism per employer-employee combination. An employee moved into a different role within the same employer cannot be put on a fresh probation.
- Does probation suspend annual leave or sick-leave rights?
- No. The employee accrues annual leave (Article 24), is entitled to sick leave (Article 31), and receives wages per the contract throughout probation. Only the termination procedure is simplified.