Employment contract in Georgia — what to check

Under the Labour Code, if the employment lasts more than 1 month, the contract must be in writing (Article 12). It must be in a language both parties understand; if it is in several languages, it must say which version prevails (Article 13).

A contract term that contradicts the law and puts the employee in a worse position is void (Article 14).

What the contract must include

• The parties' details
• Start date and duration
• Working and rest time
• Place of work
• Position and description of the work
• Salary, bonuses and how they are paid
• Pay for overtime
• Leave — paid and unpaid
• How the contract can be ended

Probation period

• Only once and for no more than 6 months
• Only in writing
• Work during probation is paid
• The employer can end the contract at any time during probation

Fixed-term contracts

A contract for less than 1 year may be made only on grounds listed in the law — for example seasonal or temporary work. If a fixed-term contract exceeds 30 months, or successive contracts last more than 30 months in total, it is treated as open-ended.

Working time and pay

• No more than 40 hours a week (48 in special-regime businesses)
• At least 12 hours' rest between working days
• Overtime is paid at an increased rate or compensated with extra time off
• Salary at least once a month; for each day of delay the employer pays 0.07% of the overdue amount

Common mistakes

• Salary "by agreement" with no exact amount
• A vague job description
• Unspecific confidentiality and non-compete clauses
• A clause giving up leave — it's void
• A contract only in a language the employee doesn't understand

Will a template do?

A template is written for a general case and doesn't reflect your risks — often it lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal. We draft the contract or review the other side's text before you sign.