Working hours and overtime under Georgian Labor Code (Articles 17-18)
Also known as: Georgia working hours, Georgia overtime law, Georgia 40-hour week, სამუშაო საათები საქართველო
Article 17 of the Georgian Labor Code sets the standard work week at 40 hours for adult employees, organized typically across five 8-hour days. Article 18 caps overtime at 48 working hours per week including base time and requires premium pay for overtime hours — typically 125% of the regular hourly rate, though the contract can specify higher.
Working time is the most-routinely-monitored part of Georgian employment compliance. Article 17 is short and clear; Article 18 is short but layered with practical complexity around when overtime starts, what counts as "work performed," and how the premium is calculated. This article covers what the Code actually requires plus the operational decisions every Georgian employer has to make.
The 40-hour standard week (Article 17)
Article 17 establishes a 40-hour standard work week for adult employees in non-hazardous, non-special-condition roles. The standard arrangement is five 8-hour days (Monday-Friday), but the Code does not mandate this — the contract or workplace policy can specify alternative arrangements (e.g., 4 days × 10 hours, or 6 days × 6.67 hours) as long as the weekly total stays at or below the 40-hour standard. For minors (under 16) the cap is 24 hours; for 16-18-year-olds it's 36 hours.
Hazardous and special-condition work
For roles classified as "hazardous, harmful, or specially-conditioned" (the same list referenced in Article 25 for additional annual leave), the standard work week caps lower — typically 36 hours. The contract should specify the role's classification and the applicable weekly cap. Pregnant and breastfeeding employees, parents of children under 3, and several other protected categories also have specific working-time limits under Articles 17 and 36.
Overtime cap and premium pay (Article 18)
Article 18 caps total weekly working time at 48 hours (40 standard + up to 8 overtime). Overtime must be voluntary except in narrowly-defined emergency circumstances; employees cannot be compelled to work beyond 40 hours per week as a routine matter. Overtime hours are compensated at a premium over the regular hourly rate — the Code does not specify a single percentage, but the established practice (codified in most Georgian payroll providers and matching the de-facto market standard) is 125% of the regular hourly rate. The contract can specify a higher premium; it cannot specify lower than the regular rate.
What counts as "work performed"
- Time at the workplace performing assigned duties — counts toward the 40 hours
- Required training during working time — counts toward the 40 hours
- On-call time at the workplace where the employee must remain available — counts toward the 40 hours
- On-call time where the employee is free but must respond if called — typically counts (with case-law variation); document the arrangement clearly
- Travel time during working hours for business purposes — counts
- Standard commute to and from the workplace — does NOT count
- Voluntary attendance at company social events outside hours — does NOT count
Substitute time off in lieu of overtime pay
Article 18 allows substituting paid time off in lieu of cash overtime premium IF the employee agrees in writing. The conversion is typically 1:1.25 (one overtime hour = 1.25 hours of substitute time off, matching the cash premium). This is operationally cleaner for both sides in many cases — the employee gets a flexible benefit, the employer avoids cash payroll impact. Document the substitution in writing for each overtime period to avoid disputes.
Frequently asked questions
- What is the standard work week in Georgia?
- 40 hours per week under Article 17, typically organized across five 8-hour days. Hazardous and special-condition roles cap lower (36 hours). Minor employees have lower caps (24-36 hours depending on age).
- Is overtime mandatory or voluntary in Georgia?
- Generally voluntary. Employees cannot be compelled to work beyond 40 hours per week as a routine matter; exceptions exist for narrowly-defined emergencies. Even where overtime is agreed, the total weekly cap is 48 hours.
- How much premium pay is required for overtime?
- The Code does not specify a single rate, but the established practice is 125% of the regular hourly rate. The contract can specify higher; it cannot drop below the regular rate.
- Can overtime be paid as substitute time off instead of cash?
- Yes, with the employee's written consent. Standard conversion is 1:1.25 (one overtime hour = 1.25 hours of substitute time off). Document the substitution for each overtime period.
- Does Georgia have FLSA-style exempt vs non-exempt employees?
- No. The Georgian Labor Code does not have a US-style exempt category. All employees are subject to Article 17-18 working-time limits regardless of whether they are salaried or hourly.
- Are commute hours considered working time?
- Standard commute to and from the workplace does NOT count. Travel during working hours for business purposes (between offices, to clients, etc.) DOES count.