What To Do If You Have Been Illegally Dismissed
If you have been dismissed from your job without valid justification or grounds, it is essential to know that your rights are protected by law. This article will explain the circumstances under which an employer can legally terminate an employment agreement, when an employee’s labor rights may be violated, and what actions you can take if you believe your dismissal was unlawful.
Legal Grounds for Terminating an Employment Agreement
The labor code of Georgia defines the specific legal grounds upon which an employer may unilaterally terminate an employment agreement. These grounds include:
◼ Economic, technological or organisational changes requiring downsizing;
◼ The expiry of an employment agreement or the completion of the work under an employment agreement;
◼ The incompatibility of an employee’s qualifications or professional skills with the position held;
◼ The gross violation by an employee of his/her obligations under an employment agreement;
◼ Long-term incapacity for work, if the incapacity period exceeds 40 consecutive calendar days, or the total incapacity period exceeds 60 calendar days within a period of 6 months;
◼ The entry into force of a court judgment or other decision precluding the possibility of performing the work;
◼ The initiation of liquidation proceedings against an employer who is a legal person or other objective circumstances justifying the termination of an employment agreement.
Procedure for Terminating Employment Agreements
Even when there is a valid legal grounds for terminating an employment agreement, employers are still required to follow the proper procedures established by law and cannot misuse their authority.
As part of your labor rights, the employer must provide prior notice and compensation. Specifically, when terminating an employment agreement as their initiative, the employer must provide written notice at least 30 calendar days in advance, along with severance pay equal to one month’s remuneration. Or provide written notice at least 3 calendar days in advance and compensate you with two month’s remuneration.
An employee may, within 30 calendar days from receiving an employer’s notification about terminating an employment agreement, request the employer in writing to be provided with a written substantiation of the grounds for terminating the employment agreement. An employer shall provide a written substantiation of the grounds for terminating an employment agreement within 7 calendar days after an employee submits a request. If they fail to do so, they will be required to provide the validity of your dismissal in court.
What Rights Does an Employee Have?
Your labor rights are violated if the employer fails to provide a written substantiation, written notice, or appropriate compensation.
In such cases, you have the right to challenge the legality of the employer’s decision in court. Within 30 calendar days from the employer’s decision or the receipt of written substantiation, you may request that the court declare the employer’s decision invalid.
If the court rules in your favor, the employer must:
◼ Reinstate you to your original position, if the position remains available,
◼ Offer you an equal job, if your original role is no longer vacant or has been eliminated,
◼ Pay compensation,
◼ Pay compensation for lost earnings.
The amount of compensation is calculated based on various factors, including the employer’s liquidity, the employee’s chances in the labor market, their social status, the employer’s financial condition, the employee’s potential employment during the dispute, the employer’s productive capacity, the employee’s length of service, and other relevant circumstances.
The type of employment agreements will also influence the amount of severance pay:
For fixed-term contracts, severance pay is limited to the remaining term of the agreement. For example, if the agreement was for one year and the employment was unlawfully terminated after five months, the employer is required to pay the salary for the remaining seven months.
In case of permanent agreements severance compensation is not limited to a specific period and may be considered higher, depending on the circumstances of the case. The court will consider factors such as the time between dismissal and the decision being declared unlawful, the availability of alternative employment, and any other relevant circumstances that may impact the calculation of severance pay. It is essential to gather appropriate evidence and present it to the court to ensure an accurate determination of compensation.
Remember, to ensure you labor rights are fully protected, it is essential to take timely and appropriate legal actions.
Author of the article: Leila Liparteliani
