# Employment contract in Georgia — what to check

An employment contract protects both the employee and the employer — if it's written properly. Here is what the law requires and where people most often go wrong. We draft and review employment contracts before they are signed.

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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.

## Our services

- Drafting employment contracts for employers

- Reviewing a contract for an employee before signing

- Bilingual contracts — Georgian and English or Russian

- Confidentiality and non-compete clauses

- Preparing internal work rules

- Contracts for foreign employees under the labour migration rules

## Questions & answers

### Does an employment contract have to be in writing?

If the work lasts more than 1 month — yes. A probation contract is always in writing.

### How long can a probation period be?

No more than 6 months and only once. Work during probation is paid.

### When does a fixed-term contract become open-ended?

If it exceeds 30 months, or successive fixed-term contracts last more than 30 months in total. Also if a contract under 1 year was made without a lawful ground.

### Can I use a template from the internet?

You can, but a template is written for a general case and often lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal or have a lawyer review it before you sign.

## Legal basis

- [Labour Code of Georgia](https://matsne.gov.ge/ka/document/view/1155567)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

## Related topics

- [#Employment](https://mmlaw.ge/en/employment-lawyer/)

- [#Business](https://mmlaw.ge/en/corporate-lawyer/)

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Source: https://mmlaw.ge/en/employment-contract-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
