# Unfair dismissal in Georgia — how to challenge it

Under the Labour Code, an employee can be dismissed only on grounds set by law. We check whether your dismissal was lawful and protect your interests — through reinstatement, compensation and back pay.

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Under Article 47 of the Labour Code, an employment contract can be ended only on grounds listed in the law — for example, redundancy, a serious breach of duties, mutual agreement or the end of a fixed term. Dismissal on discriminatory grounds is prohibited, as is dismissal from notifying the employer of pregnancy until the end of maternity and childcare leave — with exceptions set by law.
If the employer dismisses someone for redundancy, lack of qualifications, long-term incapacity or another objective reason, it must give 30 days' written notice and pay at least 1 month's salary; with only 3 days' notice — at least 2 months' salary.

## Deadlines you must not miss

- Within 30 days of receiving notice of dismissal, ask the employer in writing for the reasons.

- The employer must give written reasons within 7 days.

- Within 30 days of receiving the reasons, you can challenge the decision in court. If the employer doesn't reply within 7 days, you also have 30 days — and the burden of proof shifts to the employer.

- If you didn't ask for reasons, the deadline for a lawsuit is 30 days from receiving the dismissal notice.

## What you can achieve in court

- Reinstatement to the same or an equivalent job — or compensation set by the court

- Back pay from dismissal until the judgment is enforced

- Pay for unused leave and the final settlement

## Our services

- Assessing whether the dismissal was lawful

- Drafting the request for written reasons

- Lawsuit for reinstatement

- Claiming back pay and compensation

- Negotiating and settling with the employer

- Advising employers on lawful dismissal

## Questions & answers

### How long do I have to challenge a dismissal?

The deadlines are very short: ask for written reasons within 30 days, then sue within 30 days of receiving them. If you didn't ask for reasons, you have 30 days from receiving the dismissal notice.

### Can a pregnant woman be dismissed?

Dismissal is prohibited from notifying the employer of pregnancy until the end of maternity and childcare leave — except in cases listed by law, such as the end of a fixed term, resignation or a serious breach of duties.

### What compensation do I get for redundancy?

With 30 days' written notice — at least 1 month's salary; with 3 days' notice — at least 2 months' salary. Pay for unused leave comes on top.

### Can I be dismissed during probation?

Yes. A probation period (up to 6 months) can be ended at any time and the Article 48 rules don't apply unless the contract says otherwise. The time worked must still be paid.

## Legal basis

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

- [Civil Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/29962)

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

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Source: https://mmlaw.ge/en/unfair-dismissal/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
