What the court clarified
The court distinguished lawful suspension from enforced idle time attributable to the employer and addressed service of the termination notice.
Is the whole absence period automatically payable if the employment relationship was suspended pending proceedings?
Build a date-by-date record of suspension, criminal judgment and finality, request to return, employer response and actual delivery of any termination notice. Categorise each period as suspension, work or employer-caused downtime before calculating pay.
Continue reading belowMaterial facts
Employment was suspended during criminal proceedings. Following acquittal, the worker requested reinstatement and back pay. Questions arose about notification of termination and whether the entire suspension period constituted compensable employer-caused downtime.
Court reasoning and holding
The Supreme Court distinguished lawful suspension from employer-caused forced idle time: the employee was not automatically entitled to salary for the entire suspension. Termination notice is a declaration that must reach the employee; the employer needs to establish delivery. The dates may affect both the challenge period and back-pay calculation.
Practical application: what to examine
Build a date-by-date record of suspension, criminal judgment and finality, request to return, employer response and actual delivery of any termination notice. Categorise each period as suspension, work or employer-caused downtime before calculating pay.
Limits of the precedent
The cited Labour Code provisions reflect the then-effective legislation; verify current termination and challenge rules.
Provisions considered by the court
Then-applicable Labour Code 32, 36, 44 and Civil Code 54, 394, 408
Historic provisions cited by the court may differ from present law. Consult the official legislative gazette for the current text. matsne.gov.ge
Read the primary decision
The note is grounded in a published Supreme Court explanation and decision. Review the full document when checking its reasoning, procedural outcome and factual context.