Dismissed during probation: what to do under Georgian law

What to do

1. Is the probation valid: probation must be in writing (Labour Code, Art. 17). It must be agreed, may occur only once, and may not exceed 6 months (Art. 17). An oral, repeated or “extended” probation is not a probation. In that case the contract is treated as an ordinary contract, and dismissal is possible only on the grounds listed in Art. 47 (Labour Code, Art. 47). The notice period is 30 days, with compensation of not less than 1 month’s salary (or 3 days’ notice and not less than 2 months’ salaries) (Labour Code, Art. 48). A lawsuit must be filed within 30 calendar days of notice (Art. 48).
2. If the probation is valid: the employer may terminate the contract during probation at any time (Labour Code, Art. 17). The requirements of Art. 48 (notice, compensation, justification) do not apply unless the contract provides otherwise (Art. 17). Check whether the contract promised notice or compensation.
3. Money: work during probation is paid; there are no unpaid “trial days” (Labour Code, Art. 17). Pay is due for time worked (Art. 17). The final settlement must be made no later than 7 calendar days after termination (Labour Code, Art. 44). The penalty for delay is 0.07% for each day (Labour Code, Art. 41). A claim for non-payment must be filed within 1 year from when you learned of the violation (Labour Code, Art. 74).
4. Hidden motive (pregnancy, age, trade union membership, etc.): the ban on discrimination covers termination of the employment relationship (Labour Code, Art. 5). If the employee presents facts, the burden of proof lies with the employer (Labour Code, Art. 7). A discrimination claim must be filed within 1 year from when you learned of it (Civil Procedure Code, Art. 363²).
5. Strategy: request the final settlement in writing. If the probation is invalid, act within the short deadline for challenging the dismissal, without waiting for the one-year periods.
6. Where to apply: court — civil chamber of the district (city) court; Public Defender (discrimination); Labour Inspection Service (non-payment).
7. Evidence: the contract (the written probation clause, its term, any repetitions), the notice, correspondence, payment records, facts indicating the motive.
8. Traps: demanding compensation and justification during probation that the contract did not promise; failing to check the form and term of the probation; missing the short challenge deadline while relying on the one-year period.

Be sure to check

• probation must be in writing, once, and not more than 6 months; it is paid
• during a valid probation the employer may terminate at any time, without notice, compensation or justification, unless the contract provides otherwise
• payment for time worked and final settlement within 7 days; penalty of 0.07% for each day of delay
• invalid probation → general dismissal rules and the 30-day deadline; discriminatory motive — burden on the employer, 1-year claim