Pressured into writing a resignation “at own request”: what to do under Georgian law

What to do

1. This is not a dismissal by the employer but a resignation at one’s own request — a separate ground for termination, a written application by the employee himself or herself (not the employer’s decision) (Labour Code of Georgia, Art. 47); or an “agreement of the parties”, which is also a separate ground (Art. 47). The will itself must be contested: what the Labour Code does not regulate is governed by the Civil Code (Labour Code, Art. 1). A transaction made under duress (violence or threat) may be declared void (Civil Code of Georgia, Art. 85); deception to obtain the signature (“it’s just a formality”) is also grounds for invalidity (Civil Code, Art. 81).
2. Deadlines — act immediately, given the short labour deadline: a claim challenging the termination of the employment contract — 30 calendar days from receiving the notice (Labour Code, Art. 48). A fallback argument, not a plan: a transaction made under duress is challenged within one year of the end of the duress (Civil Code, Art. 89); the court may treat the dispute as a claim concerning termination under the Labour Code.
3. In the first days, state in writing (e-mail, plus delivery against signature) that the application was signed under pressure, and demand admission to work. A settlement silently accepted will be read by the court as consent.
4. Whether there was duress: a threat that instils a real danger to a person or property is relevant (Civil Code, Art. 86). However, not every pressure is duress: a lawful aim pursued by lawful means, if proportionate, is not duress — for example, a lawful dismissal for a real misconduct (Civil Code, Art. 88). A threat of “dismissal under an article” without grounds, or of depriving the employee of earned pay, is a strong argument.
5. Special: the ban on dismissing a pregnant employee does not extend to resignation at her own request or to an agreement of the parties (Labour Code, Art. 47) — pressure on a pregnant employee bypasses her protection.
6. Evidence (the employee proves the pressure, Civil Procedure Code of Georgia, Art. 102): correspondence, recordings, witnesses, the date in the application versus the actual date, the template provided by HR.
7. Claims: declare the application or agreement and the termination invalid; reinstatement in the former or an equivalent position, or compensation (Labour Code, Art. 48); forced-absence pay until the judgment is enforced (Art. 48).
8. Where to apply: court (civil panel of the district or city court) — the only body that reinstates an employee to work.
9. Evidence: copy of the application or agreement, the order; correspondence, recordings, witnesses; proof of sending the withdrawal of the application.
10. Traps: relying on the one-year Civil Code period and missing the 30-day deadline; signing a “no claims” statement without a reservation about the pressure.

Be sure to check

• the application or agreement is challenged as a transaction made under duress (Civil Code)
• act immediately: the benchmark is the 30-day deadline; the one-year Civil Code period is a fallback argument
• a threat of lawful dismissal for a real misconduct is not duress
• evidence of the pressure; claims — reinstatement and forced-absence pay