Working conditions: leave, overtime, maternity, discrimination: what to do under Georgian law

What to do

1. Leave: paid leave — at least 24 working days a year (Labour Code of Georgia, Art. 31); unpaid leave — at least 15 calendar days (Art. 31); the right arises after 11 months of work (Art. 32); holiday pay is based on average salary over the 3 months before the leave (Art. 36); a contract cannot worsen these conditions (Art. 31); a waiver of annual leave in the contract is void (Art. 31); postponing leave for 2 years in a row is prohibited (Art. 35).
2. Time: no more than 40 hours a week (Art. 24); overtime — only by agreement of the parties (Art. 27), paid at an increased hourly rate (Art. 27); work on holidays counts as overtime (Art. 30).
3. Maternity: maternity leave — 126 calendar days (143 in case of complications or twins) (Art. 37); parental leave — 604 days (587 in case of complications or twins), of which 57 are paid (Art. 37); the benefit is paid from the state budget (Art. 39). Guarantees: from the notification of pregnancy and during these leaves, dismissal is not allowed (except on expiry of the term, by agreement, for breaches, and in other cases) (Art. 47); the right to return to the same work on the same terms (Art. 20).
4. Sick leave: incapacity for up to 40 consecutive days or 60 days within 6 months suspends the employment relationship (Art. 46); pay for this period is not made unless the law or the contract provides otherwise (Art. 46) — check the contract.
5. Discrimination: harassment, including sexual harassment, is a form of discrimination (Art. 4); the employee indicates the facts, and the employer proves the absence of discrimination (Art. 7). Routes: the Public Defender (სახალხო დამცველი) considers discrimination complaints (Law of Georgia on Elimination of All Forms of Discrimination, Art. 6); the Labour Inspection; court — a claim for compensation of moral and material damage (Law on Elimination of All Forms of Discrimination, Art. 10).
6. Protection: written demand to the employer → Labour Inspection Service (შრომის ინსპექციის სამსახური) (Labour Code, Art. 75) → court. A claim under the Labour Code — within 1 year from when the employee learned or should have learned of the violation (Art. 74).
7. Where to apply: Labour Inspection Service; Public Defender (discrimination); court — civil panel of the district or city court.
8. Evidence: employment contract and internal rules, leave orders, timesheets and shift schedules, correspondence, medical certificates, witnesses.
9. Traps: a “waiver” of leave in the contract has no effect; unpaid overtime contradicts the requirement of increased pay; failing to notify the employer of pregnancy (preferably in writing) — the dismissal ban applies from the moment of notification; missing the one-year deadline for a claim.

Be sure to check

• the statutory minimum with figures (leave, hours, maternity leave)
• a contract cannot worsen statutory guarantees
• guarantees for pregnant employees and after maternity leave; who pays maternity benefits
• where to complain: Labour Inspection, Public Defender, court — and the 1-year deadline