An employment contract is an agreement between an employer and an employee on the performance of work in exchange for remuneration and can be concluded orally or in writing, the obligation of the written form under the Labor Code of Georgia was first established by the amendment implemented by the Organic Law of June 12, 2013. According to the explanatory note of this draft law, the adoption of the amendments, among other purposes, served the introduction of legal guarantees for the purpose of protecting the rights and interests of the employee, balancing the interests of the employer and the employee, and reflecting the principles of social justice and equality in labor legislation; if the employment relationship exceeds 1 month, the contract is mandatory to be executed in written form.
The recognition of the prohibition of discrimination in labor relations as a fundamental and universal principle stems from international labor standards. Equality is the main cornerstone of the ILO, and the provisions prohibiting discrimination are presented in two fundamental conventions of the ILO: the 1951 Convention on Equal Remuneration (No. 100) and the 1958 Convention (in Employment and Occupation) on Discrimination (No. 111). Both conventions are ratified by the Parliament of Georgia. The fundamental right of the individual to protection from discrimination deriving from the "absolute prohibition" of labor discrimination is declared in Article 2 III of the Labor Code of Georgia. The contractual freedom of the employer is limited by the imperative norms of the Labor Code of Georgia. The content of Article 2 III is also imperative. When interpreting Article 2 III of the Labor Code of Georgia, it is crucial to consider the essence of the Labor Code of Georgia in general, and specifically the institution of the prohibition of discrimination in labor relations, and its interpretation in accordance with its purpose. The essence of the Labor Code of Georgia and Article 2 III is the protection of the employee, while the purpose is the elimination of discrimination. The purpose of such specification of the employer's freedom of action is the protection of the separate individual and, in general, the legal order from unfair results, from discrimination.
The conclusion of a contract for a term of less than 1 year is inadmissible solely by reference to a calendar term. To conclude a contract of this duration, the existence of a specific ground is necessary. These grounds (purposes) are listed in paragraph 3 of Article 12. In such contracts, the term is determined, as a rule, by a certain ground, and not by reference to a calendar term. Mostly, it is unknown in advance exactly what duration the relationship will have and by which calendar date the purpose will be achieved and the ground exhausted; however, it is also possible to indicate a specific calendar term deriving from the ground. When evaluating legality, the total duration of the contractual relationship is taken into consideration. Paragraph 5 determines the legal consequence: a contract for a term of less than 1 year concluded without observing this condition shall be deemed concluded for an indefinite term. It is possible for the validity of the contract to be determined through a combination of both rules: a specific term is indicated in the contract along with the ground.
Article 24 I of the Labor Code of Georgia provides the definition of (standardized) working time: any period of time during which the employee works under the employer's direction and carries out their activity and/or performs their duties. This norm is based on the definition of working time existing in "Directive 2003/88/EC". According to the Labor Code of Georgia, the working time determined by the employer must not exceed 40 hours per week, the requirement of Article 24 II is imperative when establishing the upper limit of the duration of working time, which from the outset does not exclude the possibility of agreement between the parties regarding working time of less than 40 hours during the week. At the same time, a week implies a seven-day period of time. In contrast to the general rule established by Article 24 II of the Labor Code of Georgia regarding the 40-hour maximum duration of standardized working time, Article 24 III determines a special regulation. This norm, as an exception, in the presence of specific preconditions, establishes a different rule for the duration of working time. The purpose of the norm is the protection of the interests of the so-called specific employer, so that the 40-hour standardized working time does not cause the imposition of additional expenses for them in the form of remuneration for overtime work.
Article 24 III requires the satisfaction of several cumulative preconditions. In particular, there must be an enterprise with a specific working regime, where there is a continuous regime of the production/working process of more than 8 hours in duration, and in this case the duration of the standardized working time must not exceed 48 hours per week. The concept of an "enterprise" encompasses any employer, both entrepreneurial and non-entrepreneurial subjects. According to the norm, the list of sectors with a specific working regime is determined by the Government of Georgia after consultation with social partners.
Leave is the right to rest acquired on the basis of the time already worked by the employee, the performed work, in which case the employee is given remuneration, despite the fact that they do not perform work during the leave. The legislative regulation regarding the use of leave must correspond to international norms and best practices. The Labor Code of Georgia establishes a minimum, according to which the employee has the right to paid leave of not less than 24 working days per year, and to unpaid leave of not less than 15 calendar days per year; specific rules (e.g., schedule, transfer, use in parts) are often regulated in detail by the employment contract and internal documentation, however, the minimum guarantees are provided by law.