Unlawful dismissal in Georgia

Unlawful dismissal in Georgia: this guide explains the applicable rights, rules, documents and procedures using official sources.

An employee who believes a dismissal was unlawful should preserve the employment agreement, termination decision, notices, salary records and correspondence proving the employment relationship.

Request written reasons

The date of the decision and the date it was delivered are important. Requesting written substantiation under the statutory procedure may be critical for calculating challenge deadlines.

Where is a claim filed?

Claims for reinstatement, invalidation of termination, back pay or damages are generally brought before the competent district or city court. The Labour Inspection Service may also be relevant where occupational safety, discrimination or another special violation is involved.

What evidence matters?

The employee should be ready to prove the employment relationship, the termination and delivery date, the alleged procedural or factual defect, and the amount of any monetary claim.

Statutory deadlines

1. Request written reasons within 30 calendar days after receiving the termination notice.
2. The employer must respond within 7 calendar days.
3. File in court within 30 calendar days after receiving the reasons. If there is no response, the 30 days run after the seven-day response period expires.

Available remedies

If termination is declared void, the court may order reinstatement, an equivalent job or compensation. The employee may also claim lost remuneration from termination until enforcement of the final judgment.

Notice and severance

For the Article 48 grounds, the employer may use 30 days’ written notice with at least one month’s remuneration, or three days’ notice with at least two months’ remuneration.