Unlawful Dismissal in Georgia: Your Rights as an Employee

A dismissal is not always unlawful, but if the employer broke the rules set by the Labour Code, the employee has specific rights. This article explains what counts as unlawful dismissal in Georgia, what you can demand, and - most importantly - the deadlines within which you must act.

When is a dismissal unlawful

Terminating an employment contract is permitted only on grounds provided by law and by following the required procedure. A dismissal may be treated as unlawful if there is no lawful ground, if the advance-notice or notification rule was broken, or if the termination is discriminatory. In such cases the employee has the right to challenge the decision.

What you can claim

Under Article 38 of the Labour Code of Georgia, on an unlawful dismissal the employee may demand one of the following:

• reinstatement to the original job;
• provision of equivalent work;
• compensation.

The outcome depends on the circumstances and the evidence - the court ultimately determines the specific remedy.

Notice period and compensation

If the employer terminated the contract without observing the one-month advance-notice period, the employee can usually claim compensation of not less than two months' pay. This claim should be raised within 30 calendar days of the termination of the employment contract.

The 30-day court deadline

A reasoned termination decision can be appealed to court within 30 days of its delivery. Missing the deadline may limit your ability to pursue the case, so acting promptly is decisive. This deadline is exactly what makes unlawful-dismissal cases time-sensitive.

What evidence to gather

• the employment contract and its annexes;
• the dismissal order or written notice;
• documents proving your salary level;
• correspondence that shows the circumstances of the dismissal.

Step by step

First, request a written explanation of the ground for dismissal. Then gather the documents above and assess whether the ground and procedure were respected. If you believe the dismissal is unlawful, apply to court within the 30-day deadline or negotiate a settlement. Involving a lawyer helps you frame the claim correctly and keep to the deadlines.

Frequently asked questions

Can I claim reinstatement and compensation at the same time?

The law offers alternatives, and the court sets the specific remedy based on the circumstances. A claim may state alternative demands.

What if the contract was oral?

An employment relationship can exist without a written contract; what matters is proving the fact of employment with evidence.

I missed the 30-day deadline - is the right lost?

Missing the deadline complicates the case, but the outcome depends on the circumstances; consult a lawyer urgently.

If you believe you were dismissed unlawfully, do not delay - the 30-day window passes quickly, and timely action determines your ability to protect your rights.

This article is general information, not legal advice. For a specific case, consult a qualified Georgian lawyer. - Legal.GE NewsMaker