Georgian Labor Code Articles 47-48Termination

Termination procedure under Georgian Labor Code Articles 47-48

Also known as: Georgia termination procedure, Georgia notice of termination, Articles 47-48 Labor Code

Article 47 of the Georgian Labor Code lists the only grounds on which an employment contract may end, and Article 48 sets the procedure: for redundancy, a skills mismatch, long-term incapacity or another objective circumstance, the employer gives at least 30 calendar days' written notice plus compensation of at least one month's pay, or at least 3 calendar days' notice plus at least two months' pay — alternatives, never added up. The employee may request written reasons within 30 days (the employer must answer within 7), and dismissal is banned from notification of pregnancy through maternity and childcare leave, except on limited grounds (Article 47(5)).

Termination procedure is the area where foreign employers most often run into compliance gaps. Georgian law has no at-will dismissal: Article 47 fixes the permissible grounds, and dismissal on any other ground is prohibited (Article 47(5)(a)). Article 48 then sets notice, compensation, the right to written reasons and the deadlines for going to court. The compensation it requires is not added to a separate notice payment and does not scale with tenure. Getting the procedure right is as important as getting the grounds right — if a court annuls the dismissal, it can order reinstatement or equivalent work, or compensation, plus pay for the period of forced absence (Article 48(8)-(9)).

Permissible grounds for termination (Article 47(1))

Redundancy: economic circumstances or technological or organisational changes that make it necessary to reduce the workforce (47(1)(a))
Mismatch between the employee's qualifications or professional skills and the position held (47(1)(f))
Gross breach of duties under the contract, a collective agreement or the internal work rules (47(1)(g)), or a breach within 1 year of a disciplinary measure (47(1)(h)); a breach of internal rules counts only if those rules are part of the contract (47(2))
Long-term incapacity: more than 40 consecutive calendar days or 60 days in total within 6 months, once the employee has used their Article 31 leave, unless the contract provides otherwise (47(1)(i))
Another objective circumstance that justifies termination (47(1)(n)); the employer must set it out in the written notice (47(3))
Expiry of a fixed-term contract, resignation or written mutual agreement (47(1)(b), (d), (e)); the Article 48(1)-(2) notice and compensation do not apply to these grounds

Notice and compensation: two options (Article 48(1)-(2))

When the employer ends the contract on ground (a), (f), (i) or (n) of Article 47(1), it must choose one of two routes. Under Article 48(1) it sends at least 30 calendar days' prior written notice and pays compensation of at least one month's pay. Under Article 48(2) it may instead send at least 3 calendar days' prior written notice and pay compensation of at least two months' pay. The employer chooses the route; the amounts are never added up and do not depend on length of service. The Code requires written notice but does not prescribe a delivery method, so agree one in the contract and keep proof of delivery.

The short-notice option

Article 48(2) is the closest Georgian equivalent of pay in lieu of notice. It suits roles with access to sensitive information or systems, where the employer wants to end access quickly: notice drops to at least 3 calendar days, and in exchange the minimum compensation doubles to two months' pay. It replaces the Article 48(1) route rather than adding to it — the employee receives one compensation payment, not two. Separately, on any employer-initiated termination, unused paid leave must be paid out in proportion to the length of the employment (Article 31(5)).

Written reasons on request (Article 48(4)-(7))

Except for the objective-circumstance ground, where the reasons must already be in the notice (Article 47(3)), the Code does not require the notice itself to state reasons. Instead, the employee may send a written request for reasons within 30 calendar days of receiving the employer's notice, and the employer must justify the ground in writing within 7 calendar days (Article 48(4)-(5)). Generic boilerplate ("business needs", "at our discretion") is a weak answer: if the dismissal is challenged, the reasons must stand up in court. If the employer does not answer in time, the burden of proving the facts falls on the employer (Article 48(7)). For redundancy, identify the role being eliminated and the business reason; for a skills mismatch, cite the documented shortfalls; for misconduct, describe the specific conduct.

Prohibited dismissals (Article 47(5))

On any ground not listed in Article 47(1), or on a discriminatory ground (Article 47(5)(a)-(b))
From the day the employee notifies the employer of her pregnancy through maternity, childcare and adoption leave (Article 47(5)(c))
Because of, or during, national military, alternative labour or reserve military service (Article 47(5)(d))
While the employee serves as a juror (Article 47(5)(e))
The bans in (c)-(e) do not cover expiry of the contract, completion of the work, resignation, mutual agreement, a gross or repeated breach, a court verdict that rules out the work, or death; neither sick leave nor annual leave is on the list

Misconduct termination — exception to notice

Termination for a gross breach of duties (Article 47(1)(g)), or for a breach within a year of a disciplinary measure (Article 47(1)(h)), is not subject to the Article 48(1)-(2) notice and compensation, which apply only to grounds (a), (f), (i) and (n). The Code does not prescribe a disciplinary hearing, but the employer must still be able to prove the breach: the employee can demand written reasons and go to court, and if the employer fails to give reasons in time, the burden of proof is on the employer. Keep written documentation of the specific conduct and give the employee a chance to respond before the final decision. If a court annuls the dismissal, the employer faces reinstatement or compensation plus forced-absence pay. The misconduct path is faster but riskier; many employers use the Article 48(1) route even for borderline cases to insulate against challenge.

In practice

For employer-initiated termination on ground (a), (f), (i) or (n) of Article 47(1): send written notice at least 30 calendar days in advance and pay compensation of at least one month's pay, or send at least 3 calendar days' notice and pay at least two months' pay; for an objective circumstance, set it out in the notice (Article 47(3)); pay out unused annual leave (Article 31(5)); make the final settlement within 7 calendar days of termination unless the contract or law says otherwise (Article 44); check that no Article 47(5) ban applies. If the employee asks for reasons, answer in writing within 7 calendar days. Document the entire sequence in the employee file. For misconduct: document the specific conduct in writing, give the employee an opportunity to respond, and only then proceed. When in doubt, use the Article 48(1) route even if you believe misconduct grounds exist.

Frequently asked questions

How much notice must a Georgian employer give for termination?

For redundancy, a skills mismatch, long-term incapacity or another objective circumstance: at least 30 calendar days' written notice plus compensation of at least one month's pay (Article 48(1)), or at least 3 calendar days' notice plus at least two months' pay (Article 48(2)). The employer chooses. Termination for a gross or repeated breach is not subject to these notice rules.

Can an employer terminate without stating grounds?

The dismissal must rest on a ground listed in Article 47(1). The notice need not state reasons except for the objective-circumstance ground (Article 47(3)), but the employee may request written reasons within 30 calendar days and the employer must provide them within 7 (Article 48(4)-(5)). If it does not, the burden of proof falls on the employer.

When is dismissal prohibited?

Article 47(5) bans dismissal from notification of pregnancy through maternity, childcare and adoption leave, and during military or reserve service and jury service — except on grounds such as expiry of the contract, resignation, mutual agreement, or a gross or repeated breach. The Code does not ban notice during sick leave or annual leave, and it does not pause the notice period.

Does the short-notice option replace the one-month compensation?

Yes. Article 48(1) (30 days' notice plus at least one month's pay) and Article 48(2) (3 days' notice plus at least two months' pay) are alternatives. The employer picks one; the amounts are never added up and do not depend on length of service.

Can misconduct termination skip notice and severance?

Yes. The Article 48(1)-(2) notice and compensation apply only to grounds (a), (f), (i) and (n) of Article 47(1), not to a gross breach (g) or a repeated breach (h). But the employer must be able to prove the breach in court, so document the conduct and give the employee a chance to respond.

What happens if termination procedure is defective?

If a court annuls the dismissal, it can order reinstatement in the original job, equivalent work, or court-set compensation, plus pay for the forced absence until the judgment is enforced (Article 48(8)-(9)). The employee has 30 calendar days to go to court.