Dismissed while pregnant or not reinstated after maternity leave: what to do under Georgian law

What to do

1. Deadlines: a request for justification must be made within 30 calendar days of notice, and the employer’s reply is due within 7 days (Labour Code, Art. 48). A lawsuit must be filed within 30 calendar days of the justification (or of the notice, if no request was made) (Labour Code, Art. 48). A discrimination claim must be filed within 1 year from when you learned of the discrimination. It may also be brought after dismissal (Civil Procedure Code, Art. 363²). However, the challenge to a dismissal does not wait for the one-year period.
2. Protection: dismissal is prohibited from the moment the employer is notified of the pregnancy until the end of maternity and childcare leave (Labour Code, Art. 47). The protected period covers maternity and childbirth leave, childcare leave, adoption leave and additional childcare leave (Labour Code, Art. 46). The employee must prove that the employer knew of the pregnancy.
3. Grounds: the only exceptions are expiry of the term, completion of the work, the employee’s own wish, agreement of the parties, gross or repeated violation, a court sentence, or death. Redundancy, qualifications, illness or “any other circumstance” are not grounds for dismissal (Labour Code, Art. 47).
4. A fixed-term contract that was not renewed: successive fixed-term contracts exceeding 30 months become indefinite-term contracts (Labour Code, Art. 12). A fixed-term contract of less than 1 year without a legal basis is also treated as indefinite-term (Art. 12). Dismissal on a discriminatory ground is prohibited on any basis (Labour Code, Art. 47). If the employee presents facts (for example, dismissal immediately after notifying the employer of the pregnancy), the burden of proof lies with the employer (Labour Code, Art. 7).
5. Return after leave: you have the right to return to the same job on the same terms (Labour Code, Art. 20). Essential terms may be changed only by agreement (Art. 20). Childcare leave lasts 604 days (587 in case of complications or twins), of which 57 days are paid (Labour Code, Art. 37).
6. Remedies: reinstatement to the same or an equivalent job, or compensation (Labour Code, Art. 48), plus compensation for forced absence (Labour Code, Art. 48). A court may order the cessation of discrimination, remedy of its consequences, and compensation for moral and material damage (Civil Procedure Code, Art. 363²). Bodies: the Public Defender handles complaints about discrimination, including complaints against private employers (Law on the Elimination of All Forms of Discrimination, Art. 6). The Labour Inspection Service may impose a treble fine for discrimination, but it does not order reinstatement (Labour Code, Art. 78).
7. Where to apply: court — civil chamber of the district (city) court; Public Defender; Labour Inspection Service.
8. Evidence: the notice of pregnancy with its date, the notice of dismissal, all fixed-term contracts, correspondence about the reason for dismissal, witnesses.
9. Traps: the ban starts from notification of the pregnancy, not from going on maternity leave; the one-year limitation period for a discrimination claim does not extend the 30-day period for challenging a dismissal; “agreement of the parties” and “own wish” are not covered by the ban.

Be sure to check

• ban on dismissal from notification of pregnancy until the end of maternity and childcare leave; a closed list of exceptions (redundancy is not among them)
• deadlines: request for justification and lawsuit — 30 days; discrimination claim — 1 year
• the burden of proving discrimination lies with the employer; on expiry of a fixed-term contract, check requalification and motive
• right to return to the same job on the same terms; claims — reinstatement, compensation for forced absence, damages