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					     Labor Code of Georgia                                                                                   Draft



                                                                                                               11.11.05
                                    Labor Code of Georgia


CHAPTER I. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . .
    Article 1 Scope of Activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 2. General Principles of Labor Relations and their Subjects. . . . . . . .
    Article 3. Explanation of the Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER II. CONTRACT RELATIONS AND WORKING CONDITION. . . . . . .
    Article 4. Exchange of Information between the Employer and the Applicant
    Article 5. Restriction in Signing the Labor Contract . . . . . . . . . . . . . . . . . . . . .
    Article 6. Form and Terms of the Labor Contract. . . . . . . . . . . . . . . . . . . . . . . .
    Article 7. Change of the Terms of the Labor Contract. . . . . . . . . . . . . . . . . . . .
    Article 8. Limitations of the Employees’ Rights and the Agreement Terms
    Article 9. Labor Safety Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER III. SUSPENSION AND TERMINATION OF EMPLOYMENT
    RELATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 10. Suspension of Employment Relation. . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 11. Leave. Rules for Giving a Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 12. Suspension of Labor Relations due to Pregnancy, Child Delivery
    and Child Care. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 13. Termination of Labor Relations. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 14. Necessitated Continuation of Work . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER IV. WORKING HOURS AND BREAK TIME. . . . . . . . . . . . . . . . . . . . . .
    Article 15. Duration of Working Hours and Break Time. . . . . . . . . . . . . . . . . .
    Article 16. Limitations and Compulsory Terms and Conditions. . . . . . . . . . . .
    Article 17. Limitations to Work Night Hours. . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V. LABOR REMUNERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 18. The Form and Periodicity of Labor Remuneration. . . . . . . . . . . . . .
    Article 19. Deduction of Labor Remuneration. . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VI. LIABILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 20. Material Liability for Inflicting Damage. . . . . . . . . . . . . . . . . . . . . .
    Article 21. Written Contract on Liabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 22. Limitation of the Employee in Giving out the Information. . . . . . .
CHAPTER VII. COLLECTIVE CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 23. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 24. Representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 25. The Form of a Collective Contract. . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER VIII. DISPUTE, STRIKE, LOCKOUT. . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 26. Dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 27. Processing of the Dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 28. Strike and Lockout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 29. Suspension or Termination of a Strike and Lockout. . . . . . . . . . . . .
     Labor Code of Georgia                                                                                        Draft


    Article 30. Illegal Strike and Lockout. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 31. The Guarantees of the Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER XII. TRANSITIONAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 32. Extending the Law on the Functioning of Labor Relations. . . . . . .
    Article 33. The Legal Acts to Be Adopted with Respect to Putting the Code
    into Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER XIII. CONCLUSIVE PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 34. Legal Acts that Stay in Force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 35. The Legal Acts Considered Invalid Due to the Adoption of the
    Present Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    Article 36. Date of Enactment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .




                                                       Chapter I

                                               General Provisions

Article 1. Scope of Activity

1. The Labor Code of Georgia regulates personal and related Labor Relations on the
territory of Georgia that are not otherwise regulated by an international agreement of
Georgia or a special law.

2. Issues related to Labor Relations, that are not regulated by this Code or other special
law, shall be regulated by the Norms of Civil Code.
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Article 2. General Principles of Labor Relations and their Subjects

1. Labor Relation is an accomplishment of work by an Employee for an Employer in
exchange for remuneration.

2. Labor Relations shall emerge on the basis of equality of the parties, by the agreement
reached as a result of expression of free will and shall envisage observance of honor,
dignity and professional reputation of the parties, loyal and conscientious attitude of the
parties to the work.

3. The Parties engaged in Labor Relations shall protect fundamental rights and freedoms
envisaged by the Georgian legislation including:
       a. equality;
       b. freedom of conscience and religion;
       c. freedom of speech and expression;
       d. protection of private life.

4. The Parties of the Labor Relations are an Employer, on the one hand, and an employee
(Employees), on the other.

Article 3. Explanation of the Terms

The terms used in the Code have the following meanings:

   1. Employer – a physical person or legal entity, also union of persons for which
       certain work is carried out on the basis of a Labor Contract;
   2. Employee – a physical person who on the basis of a Labor Contract carries out
       certain work for the benefit of the Employer;
   3. Applicant - the one who wants to become employed;
   4. Labor Contract – an agreement concluded between an Employer and Employee
       in writing or verbally that defines the terms of employment and the kind of the
       work to be fulfilled;
   5. Employment Regulations – essential labor conditions and mandatory rules of
       behavior of the Employees;
   6. Labor Contract Terms – any condition that the Parties can agree on either in
       writing or/and verbally and that shall not conflict with the Georgian legislation;
   7. Dispute on the Rights – is connected with the violation of human rights and
       freedoms envisaged by the Law of Georgia;
   8. Contractual Dispute – is connected with the change and/or violation of a Labor
       Contract and/or employment conditions;
   9. Strike – temporary and voluntary refusal of the Employees to fulfill their labor
       liabilities either completely or partially during the Dispute on Rights during which
       the Employees retain their working place and position;
   10. Lockout – the right of the Employer during the Dispute on Rights not to allow the
       Employee to his/her working place so that to settle the issue;
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   11. Paid Leave – temporary suspension of Labor Relations when the Employee
       retains the post, working place and remuneration;
   12. Unpaid Leave - temporary suspension of Labor Relations when the Employee
       retains the working place and post;
   13. Working Time – part of the calendar period during which the Party is liable to
       carry out one‟s rights and duties;
   14. Break Time - part of the calendar period during which the Employee is eligible
       not to carry out one‟s rights and duties;
   15. Overtime Work – time beyond the working hours established by this Code or the
       Labor Contract during which the Employee performed his/her duties;
   16. Labor Remuneration – payment made by the Employer to the Employee for the
       fulfillment of the work in terms of the Labor Contract;
   17. Written Contract on the Responsibility – individual responsibility form of the
       Employee defined by the Employer proceeding from the specificity of the work to
       be fulfilled;
   18. Representative – a physical person having a Power of Attorney issued by the
       Employer;
   19. Individual Contract – Labor Contract concluded between the Employer and
       Employee.
   20. Concurrence Procedures – any procedure effective to settle the dispute.

                                  Chapter II
                  Contract Relations and Working Condition
Article 4. Exchange of Information between the Employer and the Applicant

1. The Employer shall be authorized to obtain information about the Applicant (in a
lawful way) that is required for the Employer to make a decision on the Applicant‟s
recruitment;
2. The Applicant shall be obliged to inform the Employer on any kind of circumstance
that may prevent him/her from executing the work, or may endanger interests of
Employer or the third person.

3. The Employer shall have right to verify the information submitted by the Applicant;

4. The information obtained and submitted by the Employer shall not be accessible for
other persons without the applicant‟s consent.

5. The Applicant shall have the right to demand back the documents submitted by
him/her if the Employee and the Employer failed to conclude the Labor Contract.

6. The Employer shall not be liable to substantiate his/her decision for not recruiting the
Applicant.

Article 5. Restrictions during Signing the Labor Contract
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1. Labor capacity shall arise from the age of 15.

2. The underage below 15 shall be employed only in case of consent from his/her legal
representative, bodies of caretaking and guardianship and only in cases when it does not
damage his/her moral, physical or mental development.

3. It is prohibited to conclude a contract with the underage, pregnant woman or nursing
mother if the work is hard and hazardous.

Article 6. Form and Terms of the Labor Contract

1. The Labor Contract shall be made in writing or verbally for a definite or indefinite
period of time.

2. The Employee‟s application and on its basis the document issued by the Employer
confirming the Employer‟s will to recruit the person shall equal to signing the Labor
Contract.

3. Prior to signing a Labor Contract, the Employer shall be liable to familiarize the
Employee with the Internal Regulations.

4. Internal Regulations shall be a part of the Labor Contract.

5. In case of concluding a Labor Contract or introducing amendments to it, interference
of the State authorities and local self-government bodies that restrict the rights of the
parties shall be inadmissible. The Labor Contract concluded as a result of such
interference shall be considered invalid.

6. A Labor Contract with a probation period can be concluded with the Applicant but
only once and the terms of such an agreement shall not exceed 3 months. The Employer
shall be authorized to conclude with the Applicant a Labor Contract or to terminate the
Labor Contract concluded for a probation period.

7. In case of termination of the Labor Contract with a probation period, the norm
envisaged by paragraph 3 Article 13 shall not be applied unless otherwise envisaged by
the Labor Contract.

Article 7. Change of the Terms of the Labor Contract

1. The terms of the Labor Contract shall be changed by mutual agreement of the Parties.

2. Unless otherwise envisaged by the Labor Contract, the terms of the Labor Contract
shall not be considered changed in the following cases:
        a. change of the place of the work to be fulfilled by the Employee on the
        assignment of the Employer if the time for getting to it from the Employee‟s place
        of residence by means of public transport shall not exceed 3 hours;
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       b. change of the start or finish time by 90 minutes earlier or later;
       c. a change due to amendment of the legislation that makes the exact fulfillment
       of the contract impossible and at the same does not change its essence.

Article 8. Limitations of the Employees’ Rights and the Agreement Terms

1. Proceeding from the importance of the production process, the Employer may limit the
Employee‟s rights through observing ethical norms.

2. If the employee requests, the Employer shall be liable to explain any limitation to the
Employee‟s rights and freedoms in writing or verbally.

3. In state of emergency or martial law, the rights and freedoms recognized by this Code
may be limited according to the rule established by the law by the Presidential decree.

Article 9. Labor Safety Conditions

1. The Employer shall be liable to ensure minimal requirements and conditions for labor
safety, to provide the Employee with equipment, facilities and information necessary for
safe fulfillment of work.

2. In the cases envisaged by the legislation, with established regularity, the Employees
working on hard, hazardous or dangerous places shall undergo mandatory medical check-
up. The costs related to medical examination shall be covered by the Employer.

3. The Employer shall be liable to notify the Employee in regard to changes of labor
safety and health protection conditions at least 10 days prior to the introduction of these
changes.
4. If the labor safety and health protection conditions are worsening or there is such a
threat, independent of the Parties, the Party shall be notified about such an occurrence
immediately upon its emergence.

                               Chapter III.
               Suspension and Termination of Labor Relations
Article 10. Suspension of Labor Relation

1. Suspension of labor relation is temporary unfulfillment of work envisaged by the
contract not causing termination of the contract.

2. The basis for suspension shall be:
           a. strike;
           b. lockout;
           c. execution of active and/or passive voting rights;
           d. summon to the investigation, prosecutor‟s or court bodies in the status of an
                aggrieved person, witness or expert;
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           e. visit to an official body in regard to conscription to compulsory military
                service or to a military meeting;
           f. pregnancy, child delivery and child care;
           g. temporary disability if its duration does not exceed 30 days in sequence, or
                if the total number of the days for six months does not exceed 50 days;
           h. qualification improvement, professional training and education the duration
                of which during a year shall not exceed 30 calendar days;
           i. unpaid leave;
           j. paid leave.

3. In case of suspension of the Labor Relation, the Employee shall not get remuneration
unless otherwise envisaged by the legislation or the agreement.

4. Termination of the Contract or its replacement during the suspension of the Labor
Contract shall be inadmissible.

Article 11. Leave. Rules for Giving a Leave

1. The Employee shall get 15 calendar days of paid leave per year and 20 calendar days –
without pay that could be used either as a whole and in parts.

2. The underage up to 18 shall have right to use 30 calendar-day paid leave.

3. Suspension of labor relation envisaged by sub-paragraphs from „a‟ to „i' paragraph two
Article 9 shall not be considered as part of the annual paid leave.

4. The amount for the paid leave shall be calculated from the average salary amount for
the last three months.

5. While going on leave, the Employee shall be given the leave pay at least three working
days prior to leave.

6. In case of final settlement, instead of unused paid leave the Employee shall be given
compensation.

7. The Employee shall be granted the right for annual leave after six months of
continuous work in the organization.

8. In the case when the Employee does not use the leave either on the whole or partially
during the year, the unused period of the leave shall be added to the next year leave.

9. Postponement of the annual leave for two years in sequence shall be prohibited.

10. Upon working in the organization continuously for three years, the Employee shall be
eligible to the leave without pay whose duration shall not exceed six months and shall be
applied without interruption.
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11. The Employee shall give 14 days prior notice for requesting leave if leave is not
caused by emergency medical case or family conditions.

12. The terms for the leave could be different in the Labor Contract from the one
stipulated in this Article if it is useful for the Employee.

Article 12. Suspension of Labor Relations due to Pregnancy, Child Delivery and
Child Care

1. The Employee shall be eligible for 56 calendar days of maternity leave before the
delivery and 56 calendar days after delivery, or in case the delivery proceeds with
complications or the birth is given to two or more children - 70 calendar days.

2. Before the child becomes three years old, the Employee shall be eligible to additional
leave without pay for one year that shall be used without interruption.

3. Leave for the child care shall be given to any person actually taking care of the child.

4. A nursing mother shall be granted additional break no less than one hour for feeding
and taking care of the baby.

Article 13. Termination of Labor Relations

1. The basis for the termination of Labor Relations shall be the following:

     fulfillment of works stipulated in the Contract;
     upon expiration of the contract term;
     in case of violation of the contract terms;
     at the initiative of the party;
     with agreement of the parties;
     effective court judgment or decision eliminating the possibility to fulfill the work;
     long-term disability for more than 30 calendar days in sequence or if during 6
            months the total duration exceeds 50 calendar days;
     in case of death of the physical person - the Employer or Employee provided that
            the liability by its essence is related to the Employer or Employee and whose
            fulfillment by other persons is impossible or fulfillment loses its sense for the
            contract party;
     launching liquidation process against the Employer - legal entity.

2. If the initiator of the contract termination is the Employee, s/he shall be obliged to
notify the Employer by a written notice at least 30 calendar days in advance unless
otherwise envisaged by the Contract.

3. In case the contract is terminated at the Employer‟s initiative, the Employee shall be
given one month pay unless otherwise envisaged by the Contract.
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4. If the Employee violates his/her liabilities as determined by the Labor Contract, the
provisions of paragraphs 2 and 3 of this article shall not apply.

Article 14. Necessitated Continuation of Work

If the terms of the Labor Contract have expired but proceeding from the nature of the
work its termination causes serious harm and creates threat to the health of the people, the
Employee shall be liable to continue work until such a circumstance cease to exist and
the Employer shall be liable to pay him/her the remuneration.

                                CHAPTER IV
                       WORKING HOURS AND BREAK TIME

Article 15. Duration of Working Hours and Break Time

1. Duration of working hours and break time shall be defined based on the Labor
Contract. In case if it is not defined by the Labor Contract the norms of the present article
shall be applied.

2. Duration of working hours shall be defined as forty-eight (48) hours per week that
should be equally and equitably distributed per working days.

3. Duration of break time shall be six (6) hours per forty-eight (48) working hours a
week. Duration of break time should be equally and equitably distributed per working
days.

4. Remuneration of overtime hours shall be defined not less than hourly rate of ordinary
remuneration.

Article 16. Limitations and Compulsory Terms and Conditions

1. The Employee is obliged to work overtime without any remuneration only in case of
calamities or to avoid a break-down.

2. It is not allowed to employee pregnant women or women after post-natal period
overtime.

Article 17. Limitations to Work Night Hours

1. The duration of daily night working hours (from 22.00 pm to 6.00 am) shall be reduced
by an hour if not otherwise specified in the agreement.

2. It is not allowed to employee the underage, pregnant, nursing mothers and women after
post-natal period during night hours. It is required to have a consent from a care-taker of
a child under three years to employee him/her during night hours.
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3. Employing the underage below the age of 18 from 22. 00 pm to 6.00 am shall be
inadmissible.

                                 CHAPTER V
                             LABOR REMUNERATION

Article 18. The Form and Periodicity of Labor Remuneration

1. The form of Labor remuneration shall be defined based on the Labor Contract. The
norms of the present article shall be applied unless otherwise specified in the Labor
Contract.

2. Labor remuneration shall be given out once a month at the working place.

3. All the expenses made by the Employee and related to the fulfillment of the work
assigned to him/her when being on the business trip shall be reimbursed by the
Employer.

4. When terminating the labor relations the Employer shall be obliged to make final
settlement of payments without delay.

5. The Employer shall be obliged to pay to the Employee 0.7% of the delayed amount per
each delayed day of remuneration or settlement of payments.

Article 19. Deduction of Labor Remuneration

1. The Employer has the right to deduct the excess amount paid to the Employee as labor
remuneration.

2. The total amount of deduction made from the labor remuneration should not exceed
50% of the labor remuneration.

                                      CHAPTER VI
                                      LIABILITIES

Article 20. Material Liability for Inflicting Damage

1. During Labor Relations the damage inflicted by one party on the other shall be
compensated in compliance with Georgian legislation.

2. The amount of compensation for inflicting damage shall be defined based on the actual
size of damage, actual losses, conditions and prices existing at the time when the damage
was inflicted

Article 21. Written Contract on Liabilities
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1. The Written Contract may define the type and scope of the individual/personal liability
of the Employee if it is on the assumption of peculiarities of his/her work.

2. The Written Contract on full material liability may be concluded with the Employee of
full legal age who performs the work such as storing of the valuables handed to him/her,
processing, selling/transferring, transporting or using during the process of production.

Article 22. Limitation of the Employee in Giving out the Information

1. The Employee has no right to give out the information without the Employer‟s consent
that may cause direct damage to the interests of the Employer.

2. The freedom of expression of the Employee may only be limited in case if it may cause
direct damage to the interests of the Employer.

3. The Contract may specify the obligation of the Employee, for not more than five years,
not to use the knowledge and qualifications obtained when performing the duties under
the Labor Contract in favor of any competitive employer. This provision may stay valid
and be used even after the termination of the Labor Relations.

4. The damage caused as a result of breaching the present article shall be compensated in
compliance with Georgian legislation.

                    CHAPTER VII. COLLECTIVE CONTRACT

Article 23. General Provisions

1. Collective Contract shall be concluded between the Employer and two or more
employees.

2. Collective Contract shall be based on the same principles that are used for the
individual contract.

Article 24. Representation

1. For the purpose of concluding, changing, terminating or defining the rights of the
Employees, the Employees shall act through their representatives.

2. The confirmation of representation shall be made with the use of written Power of
Attorney drafted in a simple form, and signed by the concerned employees.

3. Any physical person can act as a representative.

4. The representative shall act in the best interests of those employees who empowered
him/her with the right to represent.
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Article 25. The Form of a Collective Contract

1. Collective Contract shall only be concluded in a written form.

2. The Employee may conclude individual and/or several Collective Contracts with one
Employer.

3. Contracts concluded after the primary Contract shall be considered as integral parts of
the primary contract and shall be viewed as one Contract with the prevailing power of the
contract concluded the latest.

4. If one of the parts of the Contract shall be recognized as annulled on the initiative of
either party, this will cause the termination of Labor Relations in compliance with the
rule set by the present Code.

5. Existence of the Collective Contracts does not limit the right of the Employee or the
Employer to terminate the Contract. Such termination shall not result in termination of
contract with other employees that are the parties of the Contract.

6. Sub-paragraphs 3 and 4 of the present Article shall apply only if the Parties do not
reach agreement or if not otherwise specified by the Contract.

                                  CHAPTER VIII
                            DISPUTE, STRIKE, LOCKOUT

Article 26. Dispute
1. Dispute is disagreement that may arise during Labor Relations between the Parties of
the Labor Contract, the settlement of which represents the legal interest of the Parties.

2. The authenticity of consensual contract cannot be verified based only on the deposits
of the witnesses in case if the dispute arises.

3. The dispute shall arise based on the written notice on the disagreement sent by one
party to the other.

4. The basis of arising the dispute within the frames of Labor Relations might be the
following:

       a. infringement of human rights and freedoms specified by Georgian legislation –
       dispute on the rights;
       b. violation of the Contract and/or labor conditions – contractual dispute;
5. Only the persons directly concerned and involved in the dispute as well as their
representatives may participate in the dispute settlement.

6. Processing of the dispute shall not cause the suspension of the Labor Relations.
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7. Individual dispute may be settled through concurrence procedures and individual
negotiations as well as the Court.

8. In case of the dispute the Employee representing a party of the Collective Contract is
not limited and has the right to individually defend his/her rights in relation with other
specific issues.

Article 27. Processing of the Dispute

1. The dispute that arises during the Labor Relations should be settled between the
Employee (Employees) and the Employer through concurrence procedures for each
specific dispute.

2. The Party sends out a written notice to the other Party informing the beginning of the
concurrence procedures. The notice should precisely define the reasons for arising the
dispute and the requirements.

3. The Party shall be obliged to consider the written notice and inform the other Party on
its decision within ten (10) days upon the receiving of the notice.

4. The representatives or the Parties make decision in a written form that becomes the
part of the existing Contract.

5. If the agreement cannot be achieved on the contractual dispute during fourteen (14)
calendar days, or if either party avoids participation in the concurrence procedures, the
Party has the right to appeal to the Court or Arbitrage.

6. In case of a contractual dispute it is not allowed to either expand the demands by the
Parties or change the subject of the dispute.

Article 28. Strike and Lockout

1. Persons specified in the Georgian legislation do not have the right to participate in the
strikes.

2. Before using the right to strike and lockout the Parties shall be obliged to hold a
warning strike and a warning lockout.

3. No less than three (3) days prior to starting the warning strike or warning lockout the
Parties should inform each other, in a written form, on the basis and subject of the dispute
on the rights as well as on the time, venue and character of the strike or the lockout.

4. After the warning strike or the warning lockout, the Parties shall participate in the
work of the Concurrence Commission in compliance with the rule set by the present
Code.
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5. The right to strike or lockout shall only arise within no less than twenty-four (24) hours
and no more than fourteen (14) calendar days after the warning strike or warning lockout.

6. During the period of strike or lockout the Parties shall proceed with the concurrence
procedures.

7. A strike or lockout cannot continue for more than ninety (90) calendar days.

8. During the period of a strike or lockout the Employer shall not have any obligations to
pay remuneration to the Employee.

9. A strike or lockout shall not serve as a basis for termination of Labor Relations.

Article 29. Suspension or Termination of a Strike and Lockout

1. The Court has the right to postpone the beginning of a strike or lockout but not more
than for thirty (30) days or suspend the already started strike or lockout with the same
term if there exists some danger to a human being‟s life or health, environment safety or
the property of the third party as well as the activities of vital importance.

2. The Decision of the Court on illegality of the strike or lockout shall be executed
without delay.

Article 30. Illegal Strike and Lockout

1. The right to strike or lockout can be limited based on the Presidential Decree during
the State of Emergency or the Martial Law.

2. Going on strike during the working process is not allowed for the Employees whose
work is related with the life and health of human beings or whose work is impossible to
suspend due to the technological mode of the work.

3. If one of the Parties of the Labor Relations avoids the participation in the Concurrence
Commission and goes on strike or lockout, the action of such Party shall be considered
illegal.

4. The strike of the Employees who are informed about the termination of the Contract
before the dispute arises, shall be considered illegal.

5. If the right to strike arises before the termination of the time-based Contract, the strike
shall be considered illegal after the expiration of the term of the Contract.

6. The Court makes decision on the illegality of the strike or lockout. The decision shall
be informed to the Parties without delay.
   Labor Code of Georgia                                                         Draft


Article 31. The Guarantees of the Employees

1. The Employees participation in the strike cannot be considered as a violation of the
work discipline, and cannot serve as the basis for the termination of the Labor Contract,
except if the strike is illegal.

2. If the Court makes decision on the illegality of the lockout, the Employer must restore
Labor Relations with the Employee and remunerate the missing hours.

3. The Employer may move the Employees who do not participate in the strike but
cannot perform the work due to the strike to other jobs or remunerate the stoppage based
on hourly rate.

4. During the period specified in paragraph 7 of article 28 the Employer does not have the
right to terminate the Labor Relations with the Employee participating in the warning
strike.

                                 CHAPTER XII
                           TRANSITIONAL PROVISIONS

Article 32. Extending the Law on the Functioning of Labor Relations

The present Code shall apply to the Labor Relations despite the time of their generation.

Article 33. The Legal Acts to Be Adopted with Respect to Putting the Code into
Effect

Within six (6) months after putting the present Code into effect the Government of
Georgia shall ensure the adoption of the following legal acts:
1. “On Approval of the List of Harmful, Hard and Hazardous Jobs”;

2. “On Approval of the List of Especially Harmful, Hard and Hazardous Jobs of the
Minor Labor and Approval of the Limitations of the Norms on Moving and Changing
Location of Heavy Objects”

3. Within one month after the Code comes into force the President of Georgia shall
ensure the adoption of the legal act on days-off and holidays.

Article 34. Legal Acts that Stay in Force

The norms specified by Georgian legislation presently shall be in force before the legal
acts defined in paragraphs 1 and 2 of article 33 are adopted.

                                 CHAPTER XIII
                             CONCLUSIVE PROVISIONS
   Labor Code of Georgia                                                            Draft


Article 35. The Legal Acts Considered Invalid Due to the Adoption of the Present
Code

The following shall be considered invalid due to enactment of the present Code:

1. The Code of Labor Laws of Georgia, June 28, 1973.

2. Georgian Law on Collective Contracts and Agreements, December 10, 1997.

3. Georgian Law on the Rule of Regulation of Collective Labor Dispute, October 30,
1998.

4. Georgian Republican Law on Abolishment of the Existing Days –off and Restoration
of the Traditional Ones, November 22, 1990.

Article 36. Date of Enactment

The present Code shall be enacted on the fifteenth (15) day upon its publication.

The President of Georgia

Micheil Saakashvili

				
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