An employer must identify an applicable statutory ground under Article 47 of Georgia’s Labour Code. For specified grounds, Article 48 provides alternatives: at least 30 calendar days’ written notice plus at least one month’s pay, or at least three days’ notice plus at least two months’ pay. This is not a universal rule for every reason for termination.
Applicable legislation: Labour Code of Georgia, Civil Procedure Code
Dismissal challenges: the 30 / 7 / 30 sequence
Under Article 48(4), an employee has 30 calendar days from receiving the dismissal notice to request written reasons. The employer then has seven calendar days to provide those reasons under paragraph 5. Paragraph 6 gives the employee 30 calendar days after receipt of the explanation to challenge dismissal in court.
Article 48(7) addresses a missing employer explanation and an employee who did not request reasons. Those situations have separate 30-day filing rules. Record the actual date of service of the dismissal notice, the written request and the employer reply. A dated internal order alone may not establish when the employee received notice.
Relevant statutory provisionDistinguishing severance from lost earnings
The Labour Code’s notice-and-compensation alternatives are tied to specified dismissal grounds. Compensation under the notice procedure is distinct from back pay potentially awarded following unlawful termination.
A 30-day notice does not by itself establish that the underlying ground was genuine. Analyse the statutory ground, evidence, service of notice and relief independently.
Relevant statutory provisionKey conditions and figures
Ground and supporting facts
Start with the specific statutory ground and whether the evidence supports it. Generic wording does not replace a documented decision.
Procedure and notice
Notice and compensation requirements depend on the legal ground. Keep reliable records of communications and delivery.
Preventing disputes
Consistent performance assessments, internal policies and fair treatment provide a stronger evidential foundation if litigation follows.
Classify the statutory ground
Article 47 of the Labour Code contains distinct termination grounds. Organisational restructuring, expiry and misconduct do not follow identical logic. Reconstruct the facts before selecting a ground. If claiming redundancy, investigate whether the function truly disappeared or continued under a different title.
Notice and compensation rules
Article 48 links notice and compensation to specific grounds. Certain grounds require advance written notice and compensation, but it is incorrect to extend one rule to every termination. Check the relevant subparagraph and current version. Service date and the correspondence between stated reasons and actual facts are crucial.
Employee steps after dismissal
Retain the termination letter, agreement, payroll records and correspondence. Prepare a chronology of notice, disputed facts and intended remedy. Confirm time limits and any required preliminary process immediately. Do not disclose third-party personal information improperly while gathering evidence.
Check the record before dismissing an employee
Before termination, assemble a timeline and verify the actual basis against the contract, role description, documented incidents, performance reviews and correspondence. A restructuring should be supported by real organizational changes; a performance rationale needs identifiable expectations and evidence. Employees should retain the notice, final payment records and exchanges. Fixed-term expiry, consensual exit and employer-initiated termination are not interchangeable, and applicable notice, payment and challenge rules must be checked for the selected legal ground.
Establish the ground before sending notice
Article 47 distinguishes economic circumstances, qualification mismatch, misconduct and other grounds. For alleged misconduct the record of violations and disciplinary steps can matter; in a restructuring, the actual business rationale and available alternatives matter. A vague reference to management’s decision does not replace a statutory ground.
How the two Article 48 notice options operate
For the grounds specifically enumerated in Article 47(1)(a), (f), (i) and (o), Article 48 offers the 30-day/one-month or three-day/two-month alternatives. These are minimum statutory terms, not necessarily the complete final settlement. Separately review earned wages, unused leave where payable, and any additional contractual entitlements. Other grounds require separate analysis.
Evidence checklist for either party
The employee should retain the contract, amendments, notices, payslips, performance records and messages. The employer should preserve objective reasons, any disciplinary record, the decision document and proof of delivery. An oral conversation or an IT-access shutdown is not itself a substitute for required written procedural steps. Court deadlines must be calculated from actual notices and any statutory reasoning process.
Worked example: notice five days before termination
Where Article 48 applies, five days’ notice does not satisfy the 30-day alternative. The three-day/two-month route may be relevant if its other conditions are satisfied. Payment alone cannot cure an absence of lawful grounds. At a GEL 2,000 monthly salary, two months’ pay is GEL 4,000, excluding other entitlements.
A structured review of a termination decision
Begin by identifying the act that legally ended the employment: an order, a mutual agreement or another effective notice. Which exact paragraph of Article 47 is invoked? Do the alleged facts fit it? When was the notice delivered, and what evidence proves delivery? Was the applicable Article 48 procedure followed? If the ground is economic necessity, check the underlying business facts and whether the decision concealed discrimination or retaliation. If it is employee misconduct, assess severity, existing workplace rules and lawfully obtained evidence. Prepare a financial reconciliation: final salary, unpaid items, statutory compensation and contractual benefits. A case cannot be assessed by how unfair the dismissal feels alone. The legal provision, procedure and established facts must fit together.
Different evidence for employees and employers
Employees should preserve all contract versions, schedules, payslips, performance assessments, warnings, work emails and deliverable records. Evidence must be obtained lawfully; unlawfully copying employer confidential files or personal information is not justified. Employers need a consistent personnel record with job descriptions, objective appraisal criteria, facts of alleged misconduct, equal-treatment evidence, authorized decision makers and proof of receipt. For mutual termination, agree the final employment date, payment amount, deadline, default consequences and precisely which claims are resolved. A generic “no further claims” sentence may conceal disagreement about sums or entitlements. Good employment practice is a sound process, not just a final dismissal letter.