Labour Code (2010, amended 2013) (excerpts)

ORGANIC LAW OF GEORGIA

LABOUR CODE OF GEORGIA

Section II

Individual Labour Relations

Chapter II - Origination of Labour Relations

 Article 2 - Labour relations

1. Labour relations shall be performance of work by an employee for an employer under organised labour conditions in exchange for remuneration.

2. Labour relations shall originate from agreements reached as a result of free expression of will based on equality of participants.

3. Labour and pre-contractual relations shall prohibit any type of discrimination due to race, skin colour, language, ethnicity or social status, nationality, origin, material status or position, place of residence, age, sex, sexual orientation, marital status, handicap, religious, public, political or other affiliation, including affiliation to trade unions, political or other opinions.

4. Discrimination shall be direct or indirect harassment of a person aimed at or resulting in creating an intimidating, hostile, humiliating, degrading, or abusive environment for that person, or creating the circumstances for a person directly or indirectly causing their condition to deteriorate as compared to other persons in similar circumstances.

5. The necessity for differentiating between persons, that arises from the essence or specificities of the work or the conditions of its performance, serves to achieve a legitimate objective and is a proportionate and necessary means of achieving that objective, shall not be deemed discrimination.

6. Parties, when in labour relations, must safeguard the basic human rights and freedoms under the legislation of Georgia.

Organic Law of Georgia No 729 of 12 June 2013 – website, 4.7.2013

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Article 4 - Minimum employment age and origination of legal capacity to enter into labour agreement

5. Concluding labour agreements with minors, as well as with pregnant women or nursing mothers, to perform hard, harmful, or hazardous work shall be prohibited.

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Article 17 - Overtime work

2. Employing pregnant women, women having recently given birth, persons with disabilities or minors to work overtime without their consent shall be prohibited.

Article 18 - Limitation on night jobs

Employing minors, pregnant women, women having recently given birth, or nursing mothers for a night job (from 22:00 to 6:00), as well as babysitters of children under the age of three, or persons with disabilities without their consent shall be prohibited.

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Chapter VI - `Maternity, Child Care, Newborn Adoption, and Extra Maternity or Child Care Leaves of Absence

Article 27 - Maternity and child care leaves of absence

1. At employees’ request, they shall be granted maternity leave of absence in the amount of 730 calendar days.

2. 183 calendar days of maternity leave of absence shall be paid. 200 calendar days shall be paid in the event of pregnancy complications or multiple birth.

3. Employees may distribute leaves of absence under paragraph 2 of this article at their discretion for the prenatal and postnatal periods.

Organic Law of Georgia No 1393 of 27 September 2013 – website, 9.10.2013

Article 28 – Leaves of absence for adopting newborn

At the request of employees having adopted an infant under 12 months, they shall be granted newborn adoption leaves of absence of 550 calendar days from the day of birth of the child. 90 calendar days of the leave shall be paid.

Organic Law of Georgia No 1393 of 27 September 2013 – website, 9.10.2013

Article 29 – Compensation of maternity, child care, and newborn adoption leaves of absence

Maternity, and newborn adoption leaves of absence shall be paid from the State Budget of Georgia as determined by the legislation of Georgia. Cash allowance for the period of paid maternity or child care leaves of absence, as well as for newborn adoption leaves of absence shall be a maximum of GEL 1000. Employers and employees may agree on extra pays.

Organic Law of Georgia No 1393 of 27 September 2013 – website, 9.10.2013

Article 30 - Additional child care leave of absence

1. At the request of employees, they shall be granted, at once or in parts but at least two weeks a year, an additional unpaid child care leaves of absence of 12 weeks until the child turns five.

2. Additional child care leave of absence may be granted to any person who actually takes care of the child.

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Article 37 - Grounds for terminating labour agreements

3. Terminating labour relations shall be inadmissible:

a) on the grounds other than those laid down in paragraph 1 of this article;

b) on discrimination grounds under Article 2 of this Law;

c) during the period under Article 36(2)(g) of this Law from notification to the employer from a female employee about her pregnancy, except for the grounds under paragraph (1)(b-e, g, h, j, l) of this article;

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