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How do you resign or dismiss an employee in Georgia, and is compensation due?

Articles 47–48 of the Labour Code: grounds, notice, severance.

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Short answer

An employee resigns by written application with 30 calendar days' notice, and for redundancy an employer gives 30 days' notice and pays severance of at least one month's pay. The same rule applies to mismatch of qualifications, long-term incapacity and other objective circumstances. Instead of 30 days the employer can give 3 days' notice, but then severance is at least two months' pay.

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Why

  1. Article 47(1) of the Labour Code lists the grounds for ending an agreement: redundancy, expiry of term, the employee's application, agreement of the parties, mismatch of qualifications, breach of duties and others.
  2. Article 48(1) and (2): for grounds (a), (f), (i) and (n), written notice 30 days ahead and severance of at least 1 month's pay, or notice 3 days ahead and severance of at least 2 months' pay.
  3. Article 48(3): an employee leaving on their own initiative gives the employer written notice 30 calendar days ahead.

Details

Within 30 calendar days of receiving the notice, the employee can ask the employer in writing to justify the termination, and the employer must answer in writing within 7 calendar days (Article 48(4) and (5)). The employee can appeal in court within 30 calendar days of receiving the justification (paragraph 6). For other grounds, such as expiry of the agreement or breach of duties, paragraphs 1 and 2 of Article 48 do not provide severance. If the employer ends the agreement, it must also compensate unused leave (Article 31(5)). Related questions: work permits for foreigners and opening and closing an individual entrepreneur.

Tip

Put every resignation or dismissal notice in writing and keep a copy marked as received: the 30-day and 7-day periods run from the date of receipt.

What may differ

Severance and deadlines depend on the ground for termination and the terms of the agreement, which may give more than the legal minimum. Article 48 does not apply to a trial-period agreement unless the agreement says otherwise. Rules change, so check the current version of the code.

Common misconception

An employer in Georgia can dismiss an employee on any day without notice and without payment.

What actually happens

For redundancy, mismatch of qualifications, long-term incapacity and other objective circumstances, Article 48 requires written notice and severance: 30 days and at least 1 month's pay, or 3 days and at least 2 months' pay.

People also ask

  • How do you resign from a job in Georgia?
  • Is severance pay required in Georgia?

Sources

This answer is for reference only and is not legal advice. Rules change, so check official websites.

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