ON LABOUR MIGRATION

 

LAW OF GEORGIA

ON LABOUR MIGRATION

LAW OF GEORGIA

ON LABOUR MIGRATION

 

Chapter I – General Provisions

 

Article 1 – Scope and subject of the Law

1. This Law shall define matters, relations and entities within the field of labour migration, and bodies implementing public administration in the field of labour migration, and their rights and obligations, and shall determine principles and mechanisms for the implementation of public administration in the field of labour migration.

2. This Law shall regulate relations falling within the field of labour migration that are related to the provision of employment for persons (citizens of Georgia and aliens holding a permit for permanent residence in Georgia) and to their paid labour activities outside Georgia, and to the provision of employment for aliens without a permit for permanent residence in Georgia and to their paid labour activities within Georgia.

3. This Law shall not apply to the crewing activity performed with the purpose of employing sailors based on the Maritime Code of Georgia, international agreements of Georgia, and other legal and subordinate normative acts.

4. This Law shall not apply to relationships related to the provision of employment for an alien in Georgia and the carrying out of paid labour activities by him/her if he/she:

a) is a person with a refugee or humanitarian status, or a status of a person under temporary protection who has acquired that status in accordance with the legislation of Georgia;

b) is registered in Georgia as an asylum seeker;

c) works at a diplomatic mission accredited in Georgia, consular office of a foreign country, or a lawful representation and/or body of an international organisation;

d) is a journalist accredited in Georgia by a foreign mass media lawfully acting in Georgia;

e) is a person to whom the rules on providing employment different from that established by this Law apply in accordance with the international treaty of Georgia.

Law of Georgia No 3418 of 21 April 2017 – website, 3.5.2017

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 2 – Legislation of Georgia on labour migration

The legislation of Georgia on labour migration comprises the Constitution of Georgia, treaties, this Law, and other legislative and subordinate normative acts of Georgia.

 

Article 3 – Definition of terms

For the purposes of this Law, the terms used herein have the following meanings:

a) activity related to the provision of employment outside Georgia – an activity related to the provision of employment and to assistance in the provision of employment for persons outside Georgia;

a¹) intermediary company – a legal person, an individual entrepreneur or a branch (representation, permanent establishment) of an enterprise of a foreign country or a non-entrepreneurial (non-commercial) legal entity the activities of which are related to provision of employment for the citizens of Georgia or an alien with a permit for permanent residence in Georgia outside Georgia and/or the assistance in the provision of employment;

b) seasonal job – work performed only during a certain period or at a particular time of the year depending on climate and other natural conditions;

c) foreign employer – an alien or a foreign company entitled to have labour relations with labour emigrants and to use their labour in the country of employment;

c¹) local employer – a legal entity registered in Georgia, an individual entrepreneur or a partnership registered in Georgia, a representation of a foreign organisation registered in Georgia or a person legally residing in Georgia who, in accordance with the legislation of Georgia, is entitled to have employment relationships with aliens with no permits for permanent residence in Georgia and who exploits his/her labour in Georgia;

d) employment agreement signed under the assignment of a foreign employer – an employment agreement signed with a labour emigrant on behalf of a foreign employer by a legal person, an individual entrepreneur, or a branch (representation, permanent office) of a foreign enterprise or of a non-entrepreneurial (non-commercial) legal entity acting under the assignment of a foreign employer, which carries out activities related to the provision of employment outside Georgia on the basis of registration under this Law;

e) foreign company – a foreign legal entity or a foreign company without the legal status of a legal entity;

f) agreement for assistance in the provision of employment – a written agreement signed between a person and a legal entity, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia in accordance with this Law; the agreement regulates relations arising between the contracting parties in connection with rendering of service (services) to persons for assistance in the provision of employment outside Georgia;

g) labour emigrant – a person who intends to leave, or has already left, Georgia to move to a country of employment in order to be employed by a foreign employer and to carry out paid labour activities in the country of employment;

h) labour immigrant – an alien with no permit for permanent residence in Georgia who enters Georgia in order to be employed by the local employer and to carry out paid labour activities;

i) labour migration – movement of persons from Georgia to a country of employment in order to be employed by foreign employers and to carry out paid labour activities for foreign employers, or the entry of aliens with no permits for permanent residence into Georgia from another country in order to be employed by and carry out paid labour activities for local employers;

j) country of employment – a country in the territory of which labour emigrants carry out paid labour activities for foreign employers;

k) agreement on the provision of employment – a written agreement signed between a foreign employer and a legal entity, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia in accordance with this Law; the agreement regulates relations arising between the contracting parties in connection with the provision of employment outside Georgia;

l) labour relations – labour relations between a person and a foreign employer as defined in the legislation of the country of employment;

m) employment agreement – an agreement that regulates labour relations between persons and foreign employers;

n) international treaty – international treaty as defined by the Law of Georgia on International Treaties of Georgia;

o) certificate of activities related to the provision of employment outside Georgia – a document certifying that an intermediary company holding it meets the terms and criteria established for carrying out activities related to the provision of employment outside Georgia. The above certificate is issued by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia to the intermediary company without the right of its transfer, in any form, to other intermediary company;

p) registration of a labour immigrant – registration of a labour immigrant employed in Georgia by a local employer in the unified database of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Chapter II – Rights and Obligations of Public Bodies in the Field of Labour Migration

 

Article 4 – Powers of public bodies in the field of labour migration

The principal directions of the uniform national policy in the field of labour migration shall be defined by the Parliament of Georgia, and the public administration shall be carried out by the Government of Georgia, the ministries of Georgia and their administrative bodies, the state ministers of Georgia and their offices and other administrative bodies within the scopes of their authority.

 

Article 5 – Powers of the Government of Georgia to implement public administration in the field of labour migration

The powers of the Government of Georgia to implement public administration in the field of labour migration shall be to:

a) develop a uniform national policy in the field of labour migration;

b) approve state programmes in the field of labour migration and ensure the implementation of the same;

c) approve subordinate legal acts regulating activities related to the provision of employment outside Georgia and to the implementation of public administration in the field of labour migration;

d) hold negotiations and sign contracts with other countries on the subject of exchanging labour forces, taking into consideration the state interests of Georgia and the requirements of the national labour market;

e) develop necessary infrastructure, including an informational system for the management of labour migration, in order to efficiently implement public administration in the field of labour migration;

e¹) taking into account the current situation (demand and supply) at the Georgian (national) labour market, if necessary:

e¹.a) restrict attracting foreign labour force for the provision of employment in professions or specialisations that do not require highly qualified labour or for which the supply of the local work force on the Georgian (national) labour market exceeds or is expected to exceed current or future demand;

e¹.b) encourage attracting foreign labour force for the provision of employment in professions or specialisations that require highly qualified labour or for which the supply of the local work force on the Georgian (national) labour market fails or is expected to fail to meet current or future demand;

f) exercise other powers in accordance with the Constitution of Georgia, treaties, this Law, and other legislative and subordinate normative acts of Georgia.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 6 – Rights and obligations of the ministries of Georgia and their administrative bodies, the state ministers of Georgia and their offices, and other administrative bodies, to implement public administration in the field of labour migration

1. The general rights and obligations of the ministries of Georgia, and the state ministers of Georgia and their offices, for the implementation of state administration in the field of labour migration, shall be to:

a) participate in the development of a uniform national policy in the field of labour migration and ensure its implementation within the scopes of their authority;

b) prepare proposals in order to improve the legislation of Georgia on labour migration;

c) participate in the development of state programmes in the field of labour migration and implement state programmes approved by the Government of Georgia within the scopes of their authority;

d) foster the development of international cooperation and partnership in the field of labour migration;

e) exercise other powers in accordance with the Constitution of Georgia, treaties, this Law, and other legislative and subordinate normative acts of Georgia.

2. The specific rights and obligations of particular ministries and their administrative bodies to implement public administration in the field of labour migration shall be:

a) for the Ministry of Internally Displaced Persons from the Occupied Territories of Labour, Health and Social Affairs of Georgia and/or its administrative bodies, within the scopes of their authority, to:

a.a) ensure the provision of information to the public regarding the risks related to persons leaving Georgia independently for the purposes of employment and to carry out paid labour activities outside Georgia and/or the risks related to persons leaving Georgia through the assistance of an entity carrying out activities related to the provision of employment outside Georgia without registration;

a.b) prepare proposals and projects for signing the treaties of Georgia in the field of labour migration;

a.c) coordinate compliance with the provisions of the treaties of Georgia and the obligations of reporting in the field of labour migration;

a.d) promote scientific, and research, informational and analytical activities in the field of labour migration;

a.e) develop cooperation in the field of labour migration with social partners and other interested local and international organisations defined by the organic law of Georgia, Labour Code of Georgia;

a.f) request, if necessary, documentation produced on the basis of this Law from an entity carrying out activities related to the provision of employment outside Georgia, under procedures and in the cases defined by the legislation of Georgia;

a.g) issue subordinate legal acts regulating labour migration;

a.h) certify activities of intermediary companies and ensure publicity of information on the intermediary companies carrying out certified activities;

a.i) control the compliance with the obligation of entering the information on the employment of a labour immigrant by a local employer in the unified database of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia;

a.j) ensure exchanging information on labour immigrants employed in Georgia with other state agencies in accordance with the Law of Georgia on Personal Data Protection;

a.k) exercise state control of the status of compliance with the labour migration norms;

b) for the Ministry of Foreign Affairs of Georgia and/or its administrative bodies, within the scope of their authority, to:

b.a) ensure access to relevant data defined by the legislation of Georgia by bodies implementing public administration in the field of labour migration, about aliens receiving Georgian visas and the categories of visas issued to them under the Law of Georgia on the Legal Status of Aliens and Stateless Persons;

b.b) issue a D1 category immigration visa to a labour immigrant registered in the unified database of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in accordance with the procedure established by the legislation of Georgia;

b.c) take part in the development of interstate cooperation in the area of labour migration;

c) for the Ministry of Justice of Georgia and/or its administrative bodies, within the scopes of their authority, to:

c.a) ensure access to relevant data defined by the legislation of Georgia, by bodies implementing public administration in the field of labour migration, about aliens receiving a residence permit and the types of residence permits issued to them under the Law of Georgia on the Legal Status of Aliens and Stateless Persons;

c.b) register the activities of a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia, and ensure access to relevant data as defined by the legislation of Georgia;

c.c) issue a work residence permit to a labour immigrant registered in the unified database of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in accordance with the procedure established by the legislation of Georgia;

d) for the Ministry of Internal Affairs of Georgia and/or its administrative bodies, within the scopes of their authority, to:

d.a) ensure access to relevant data defined by the legislation of Georgia, by bodies implementing public administration in the field of labour migration, about aliens having entered and stayed in Georgia for a certain period and about their grounds for entering and staying in Georgia;

d.b) register persons leaving Georgia for the purposes of employment and for carrying out paid labour activities outside Georgia and ensure access to relevant data defined by the legislation of Georgia, by bodies implementing public administration in the field of labour migration.

3. To achieve the goals of this Law, the administrative bodies participating in the implementation of public administration in the field of labour migration shall be authorised to process personal data of subjects (including to forward this data to another administrative body) in accordance with the Law of Georgia on Personal Data Protection.

4. The ministries of Georgia and their administrative bodies, the state ministers of Georgia and their offices, and other administrative bodies shall ensure personal data protection of relevant entities and persons when exercising their powers defined under this Law.

Law of Georgia No 5570 of 24 June 2016 – website, 13.7.2016

Law of Georgia No 3089 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 7 – Registration by an intermediary company of activities related to the provision of employment outside Georgia in the registry of economic activities and their certification

1. An intermediary company shall register activities related to the provision of employment outside Georgia in the registry of economic activities in accordance with the procedure and terms established by the legislation of Georgia, and shall certify them in the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

2. An intermediary company shall be prohibited from carrying out the provision of employment and/or assistance in the provision of employment outside Georgia without registration of the activity related to the provision of employment outside Georgia in the registry of economic activities and without a certificate for the activity related to the provision of employment outside Georgia.

3. The procedure and terms for issuing a certificate for the activity related to the provision of employment outside Georgia shall be defined by an ordinance of the Government of Georgia.

Law of Georgia No 5570 of 24 June 2016 – website, 13.7.2016

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 7¹ – Cancellation of the certificate of activities related to the provision of employment outside Georgia and prohibition of activities related to the provision of employment outside Georgia

Committing the offence provided for by Article 16 of this Law for the third time by an intermediary company shall result in the cancellation of the certificate of activities related to the provision of employment outside Georgia and the prohibition of activities related to the provision of employment outside Georgia.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Chapter III – Provision of Employment for Persons Outside Georgia

 

Article 8 – Provision of employment for persons outside Georgia

Employment of persons outside Georgia shall be provided:

a) by the assistance of a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia;

b) independently by such persons.

 

Article 9 – Obligations of a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity

A legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity acting in the field of providing employment and/or assistance in the provision of employment outside Georgia shall be obliged to:

a) be registered under the procedures defined by the legislation of Georgia and comply with provisions for conducting its activities;

a¹) carry out certification of activities with the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia in accordance with the procedure established by the legislation of Georgia;

b) sign an agreement on the provision of employment with a foreign employer, and take measures in order to verify available information about the foreign employer;

c) sign an agreement for assistance in the provision of employment with persons in receipt of the service (services) for assistance in the provision of employment outside Georgia;

d) ensure the signing of an employment agreement with a labour emigrant by a foreign employer;

e) sign an employment agreement with a labour emigrant under the assignment of a foreign employer if it is provided for in the agreement for the provision of employment signed between said employer and a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity;

f) provide labour emigrants leaving Georgia for the purposes of employment outside Georgia with the following information before they leave:

f.a) on the requirements of legal acts regulating labour migration in Georgia and in the country of employment, as well as on the procedures for entering these countries, for staying in these countries and for leaving these countries;

f.b) on the location and contact details of administrative bodies (including territorial bodies) of the Ministry of Justice of Georgia and the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia implementing public administration in the field of labour migration;

f.c) on the location and contact details of diplomatic missions and consular posts of Georgia abroad (if any);

g) register persons for whom the service (services) for assistance in the provision of employment outside Georgia has been rendered;

h) keep documentation (including signed contracts) prepared on the basis of this Law for a period of five years, and if so requested, ensure access thereto by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and/or its administrative bodies under procedures defined by the legislation of Georgia;

i) submit reports on activities implemented in the field of labour migration to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia form time to time in accordance with established procedures;

j) perform other obligations in accordance with this Law, and other legislative and subordinate normative acts.

Law of Georgia No 3089 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 10 – Details of the agreement on the provision of employment

1. The following shall be included in the agreement for the provision of employment:

a) the name of a contracting legal person, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity, or the name, surname and personal number of an individual entrepreneur, and the identification number assigned at the time of registration of activities related to the provision of employment outside Georgia, the date of registration and the name of the registration authority;

b) the name, surname and personal number, and/or passport number of a contracting alien, or the name of a foreign company acting as a foreign employer;

c) the legal address and bank details of a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity;

d) the address and bank details of a contracting foreign employer;

e) a list and the details of services which are rendered to a foreign employer by a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity and/or the procedures for rendering such services;

f) the rights and obligations (including rights and obligations for signing employment agreements with persons under the assignment of a foreign employer) of a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity and their liability;

g) the rights and obligations and liability of a contracting foreign company acting as a foreign employer;

h) the terms and forms of payment for the service (services) rendered under the agreement provisions;

i) the agreement term;

j) provisions for the termination of the agreement;

k) all other provisions which a contracting foreign employer and a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity agree upon.

2. An agreement for the provision of employment shall be made in writing in the Georgian language and if required in other language (languages) as well.

 

Article 11 – Requirements with regard to an agreement for assistance in the provision of employment

1. The following shall be included in an agreement for assistance in the provision of employment:

a) the name of a contracting legal person, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity, or the name, surname and personal number of an individual entrepreneur, and the identification number assigned at the time of registration of activities related to the provision of employment outside Georgia, the date of registration and the name of a registration authority;

b) the name, surname and the personal number of a contracting person and/or the number of the residence permit, and/or the passport number;

c) the legal address and bank details of a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or a non-entrepreneurial (non-commercial) legal entity;

d) the address of the place of registration and/or the actual place of residence and bank details of a contracting person (if any);

e) a list and details of the services of assistance in the provision of employment outside Georgia rendered to a contracting person by a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity and the procedures for rendering such services;

f) the obligations of a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity, including:

f.a) the obligation to ensure the signing of employment agreements between contracting persons and foreign employers, or the signing of employment agreements upon the assignment of foreign employers;

f.b) the obligation to provide objective information to contracting persons on work to be performed for foreign employers;

f.c) other obligations provided for in the agreement for assistance in the provision of employment;

g) the liability of a contracting legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity, for breach of the terms and conditions of the contract, and for providing false information to contracting persons;

h)the preconditions for signing employment agreements (if any) under this Law;

i) the agreement term;

j) provisions for the termination of the contract;

k) all other provisions which a contracting person and a legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity agree upon.

2. It shall be prohibited to require any fee (honorarium) from persons under the agreement signed for assistance in the provision of employment.

3. An agreement for assistance in the provision of employment shall be made in writing in the Georgian language and if required in other language (languages) as well.

 

Article 12 – Terms and conditions of employment agreements signed in Georgia between labour emigrants and foreign employers

1. Employment agreements signed in Georgia, which regulate labour relations between labour emigrants and foreign employers, shall be based on the labour legislation of the country of employment. Terms and conditions in contravention of the labour legislation of the country of employment may not be included in such contracts.

2. If there are no norms regulating labour relations between labour emigrants and foreign employers in the legislation of the country of employment, the following must be indicated in the employment agreements signed in Georgia between labour emigrants and foreign employers along with the essential terms provided for by Article 14(1) of the Organic Law of Georgia the Labour Code of Georgia:

a) the first name and surname, personal number, or the passport number of the contracting labour emigrant;

b) the name, address and bank details of the contracting foreign organisation, or the name, surname, personal number, residential address and bank details of the contracting foreign person acting as a foreign employer;

c) in the event an employment agreement is entered into upon the assignment of a foreign employer:

c.a) the name of a legal person, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the employment outside Georgia, or the name, surname and personal number of an individual entrepreneur signing an employment agreement upon the assignment of a foreign employer, and the identification number assigned to the legal person, the branch (representation, permanent office) of a foreign enterprise or of a non-entrepreneurial (non-commercial) legal entity, or to the individual entrepreneur at the time of registration of the activities related to the provision of employment outside Georgia in the register of economic activities, the date of registration and the name of the registration authority;

c.b) the rights and obligations and liability of a legal person, individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia that enters into an employment agreement upon the assignment of a foreign employer;

d) the workplace of a contracting labour emigrant and the description of the work to be performed by him/her;

e) the form of payment of the remuneration of a contracting labour emigrant and the amount thereof;

f) the date of entry into force of the labour agreement and the period of its validity;

g) the fundamental rights and obligations and liability of contracting labour emigrants and foreign employers under the legislation of the country of employment in the fields of labour relations, and health and social protection;

h) all other provisions which contracting labour emigrants and foreign employers agree upon.

3. An employment agreement provided for by paragraphs 1 and 2 of this article shall be made only for a limited period, in writing and in the Georgian language and in the official language of the country of employment.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13 – Provisions for ensuring the protection by Georgia of the rights, freedoms and legal interests of persons leaving Georgia independently for the purposes of employment and to carry out paid labour activities outside Georgia

In order to ensure the protection by Georgia of the rights, freedoms and legal interests of persons leaving Georgia independently for the purposes of employment outside Georgia and to carry out paid labour activities outside Georgia, such persons may:

a) notify the administrative body of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia which implements public administration in the field of labour migration of their intentions in order to receive appropriate consultations and submit a copy of the employment agreement signed with the foreign employer, and/or a copy of the notarised Georgian agreement unless it is made in the Georgian language.

b) receive information on the addresses and contact details of the public administration bodies in the field of labour migration via the administrative body of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia which implements public administration in the field of labour migration.

Law of Georgia No 3089 of 5 July 2018 – website, 11.7.2018

 

Chapter III¹ – Provision of Employment for Labour Immigrants with Local Employers and Carrying out Paid Labour Activities

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13¹ – Regulation of the provision of employment for labour immigrants with local employers and carrying out paid labour activities

1. Provision of employment for labour immigrants with local employers and carrying out paid labour activities by him/her shall be regulated by international treaties of Georgia, the Organic Law of Georgia Labour Code of Georgia, this Law and other legislative and subordinate normative acts of Georgia.

2. An alien lawfully residing in Georgia shall be entitled to the provision of employment with a local employer and to carrying out paid labour activities.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13² – Terms of employment agreements concluded between labour immigrants and local employers

1. Together with the essential terms of an employment agreement provided for by Article 14(1) of the Organic Law of Georgia Labour Code of Georgia regulating employment relationships between a labour immigrant and a local employer, the following shall be indicated therein:

a) the name, surname, personal number and/or the residence permit number and/or the passport number of the contracting labour emigrant;

b) the name and identification number of the contracting organisation, or the name, surname and personal number of the individual entrepreneur or the natural person acting as a local employer;

c) the legal and residence address and bank details of the contracting legal entity or individual enterprise acting as a local employer;

d) date of entry into force of the employment agreement and its term of validity;

e) the workplace (including the full name of the organisation and structural unit if the local employer is a legal entity) of a contracting labour immigrant;

f) full address of the workplace of a contracting labour immigrant;

g) fundamental rights and duties of a contracting labour immigrant and the responsibilities thereof;

h) fundamental rights and duties of a local employer and the responsibilities thereof.

2. An employment agreement provided for by paragraph 1 of this article, shall only be concluded for a fixed term and in writing, in Georgian and the native language of the labour immigrant or other language he/she understands.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13³ – Terms of the provision of employment for labour immigrants with local employers and for carrying out paid labour activities

Provision of employment for a labour immigrant with a local employer and carrying out paid labour activities by him/her shall only be permitted on the basis of conclusion of an employment agreement between that labour immigrant and a local employer as provided for by Article 13² of this Law and the registration of the labour immigrant as provided for by Article 13⁴ of this same Law.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13⁴ – Provision of information on labour immigrants employed in Georgia to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia and the registration of labour immigrants

1. For the provision of employment for a labour immigrant with a local employer and the employment of his/her labour, the local employer shall be obliged to carry out the registration of the labour immigrant in accordance with the procedure established by the legislation of Georgia.

2. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall verify the accuracy of information (data) on a labour immigrant employed in Georgia entered in the unified database of the above Ministry by the local employer (if necessary (in case any data is inaccurate), request the local employer to rectify the submitted information) and ensure the availability of that information to other authorised state agencies.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13⁵ – Termination of registration of labour immigrants or the extension of their term of registration

1. A local employer shall be obliged to submit information on early termination of the employment agreement concluded with the labour immigrant or the extension of its term of validity to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.

2. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall, based on the information submitted by the local employer, terminate the registration of the labour immigrant or extend the term of his/her registration and ensure the availability of that information to other authorised state agencies.

3. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall notify the Legal Entity under Public Law called the Public Service Development Agency of the termination of registration of a labour immigrant holding a work residence permit no later than 48 hours after the termination of registration.

4. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall notify the Ministry of Foreign Affairs of Georgia of the termination of registration of a labour immigrant holding a  D1 category immigration visa no later than 48 hours after the termination of registration.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 13⁶ – Fundamental rights and safeguards of labour immigrants during the period of provision of employment for labour immigrants with local employers and carrying out paid labour activities

Fundamental rights and safeguards of labour immigrants during the period of provision of employment for labour immigrants with local employers and carrying out paid labour activities by them shall be regulated by the Organic Law of Georgia Labour Code of Georgia and the relevant legislation.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Chapter IV – Liability

 

Article 14 – Grounds for liability

1. Administrative liability for violation of requirements in the field of labour migration shall be defined by this Law, and matters related to administrative proceedings shall also be regulated by the Administrative Offences Code of Georgia and the Law of Georgia on Labour Inspection.  

2. Procedures of administrative proceedings with regard to an administrative offence report drawn up by an administrative body (official) authorised on the basis of this Law shall be defined under the procedure established by the Law of Georgia on Labour Inspection.

3. Control of violations of the requirements established by this Law shall be carried out by the Legal Entity under Public Law subject to the state control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia – the Labour Inspection Office (‘the Labour Inspection’), which is authorised to impose administrative liability and administrative sanctions on the offenders for violation of the provisions of this Law, in accordance with Articles 15-16⁴ of the same Law.  

4. The form of a fine receipt for the offences provided for by this Law, and the procedure for completing and submitting it shall be defined by Order No 01-36/ნ of 20 April 2021 of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia on Approving the Form of the Administrative Offence Report to be Used by the Legal Entity under Public Law Subject to the State Control of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia – the Labour Inspection Office, the Procedure for Completing and Submitting it, the form of the Ordinance on Charging the Surcharge and the Form of the Writ of Execution.

Law of Georgia No 3089 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 15 – Carrying out by an intermediary company of the activity related to the provision of employment outside Georgia without registration in the registry of economic activities, and/or without a certificate for the activity related to the provision of employment outside Georgia

1. Carrying out by an intermediary company of the activity related to the provision of employment outside Georgia without registration in the registry of economic activities, and/or without a certificate for the activity related to the provision of employment outside Georgia, –

shall result in the imposition of a fine in the amount of GEL 3 000.  

2. The same act committed repeatedly, –

shall result in the imposition of a fine in amount of GEL 3 500.

3. The same act committed for the third time, –

shall result in the imposition of a fine in amount of GEL 4 000.

4. The same act committed for the fourth time, or each subsequent commission of the same act afterwards, –

shall result in the imposition of a fine in the amount three times as much as the fine provided for by paragraph 3 of this article.

Law of Georgia No 5570 of 24 June 2016 – website, 13.7.2016

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 16 – Failure by an intermediary company to submit a report under this Law to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia

1. Failure by an intermediary company to submit a report under Article 9(i) of this Law to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, –

shall result in the imposition of a fine in the amount of GEL 1 000.

2. The same act committed repeatedly, –

shall result in the imposition of a fine in the amount of GEL 1 500.

3. The same act committed for the third time, –

shall result in the imposition of a fine in the amount three times as much as the fine provided for by paragraph 2 of this article.

Law of Georgia No 3089 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 16¹ – Failure to register a labour immigrant within the established time limits

1. Failure to register a labour immigrant within the time limits established by the legislation of Georgia −

shall result in the imposition of a fine in the amount of GEL 1 000.

2. The same offence committed repeatedly, –

shall result in the imposition of a fine in amount of GEL 2 000.

3. The same offence committed for the third time, or each subsequent commitment of the same offence –

shall result in the imposition of a fine in triple the amount of the fine referred to in paragraph 2 of this article.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 16² – Interference in the activities of the Labour Inspection

1. Interference in the activities of the Labour Inspection when exercising its authorities provided for by this Law and the Law of Georgia on the Labour Inspection Service –

shall result in:

a) the imposition of a fine in the amount of GEL 1 000 in the case of a natural person with income of up to GEL 10 000 during the previous calendar year;

b) the imposition of a fine in the amount of GEL 2 000 in the case of a natural person with income of GEL 100 000 or more during the previous calendar year;

c) the imposition of a fine in the amount of GEL 2 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months does not exceed GEL 100 000;

d) the imposition of a fine in the amount of GEL 5 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) the imposition of a fine in the amount of GEL 7 000 in the case of a person registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 500 000;

f) the imposition of a fine in the amount of GEL 1 000 in the case of any other employer, including persons who are not registered as VAT payers (except for natural persons).

2. The repeated commitment of the offence provided for by paragraph 1 of this article within 1 calendar year after the imposition of an administrative sanction –

shall result in the imposition of a fine in double the amount of that imposed for the commitment of a respective offence.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 16³ – Liability for violation of the terms of an agreement concluded by an intermediary company

1. Violation of the terms of an agreement provided for by Articles 11 and 12 of this Law –

shall result in warning or fine:

a) in the amount of not less than GEL 200, but not more than GEL 400, of an intermediary company which is an entrepreneur natural person with income of up to GEL 100 000 during the previous calendar year;

b) in the amount of not less than GEL 300, but not more than GEL 800, of an intermediary company which is an entrepreneur natural person with income of up to GEL 100 000 and more during the previous calendar year;

c) in the amount of not less than GEL 300, but not more than GEL 800, of an intermediary company registered as a VAT payer which is a legal entity whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months does not exceed GEL 100 000;

d) in the amount of not less than GEL 400, but not more than GEL 900, of an intermediary company registered as a VAT payer which is a legal entity whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) in the amount of not less than GEL 600, but not more than GEL 1 000, of an intermediary company registered as a VAT payer which is a legal entity whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 500 000;

f) in the amount of not less than GEL 200, but not more than GEL 400, of any other intermediary company, including persons who are not registered as VAT payers (except for natural persons).

2. The violation provided for by paragraph 1 of this article committed with respect to a minor, a pregnant woman or a person with a disability, −

shall result in the imposition of a fine in double the amount of the respective fine provided for by paragraph 1 of this article.

3. The repeated commitment of the violation provided for by paragraphs 1 or 2 of this article within 1 calendar year after the imposition of an administrative sanction –

shall result in the imposition of a fine in double the amount of that imposed for the commitment of a respective violation.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 16⁴ – Liability for violation of the terms of an employment agreement concluded by a local employer

1. Violation of the terms of an employment agreement provided for by Articles 13² and 13³ of this Law –

shall result in a warning or fine:

a) in the amount of not less than GEL 200, but not more than GEL 400, of a local employer who is a natural person with income of up to GEL 100 000 during the previous calendar year;

b) in the amount of not less than GEL 300, but not more than GEL 800, of a local employer who is a natural person with income of up to GEL 100 000 and more during the previous calendar year;

c) in the amount of not less than GEL 300, but not more than GEL 800, of a local employer registered as a VAT payer (except for a natural person) whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months does not exceed GEL 100 000;

d) in the amount of not less than GEL 400, but not more than GEL 900, of a local employer registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 100 000, but does not exceed GEL 500 000;

e) in the amount of not less than GEL 600, but not more than GEL 1 000, of a local employer registered as a VAT payer (except for a natural person), whose aggregate amount of VAT-taxable transactions carried out during the previous 12 consecutive calendar months exceeds GEL 500 000;

f) in the amount of not less than GEL 200, but not more than GEL 400, of any other local employer, including persons who are not registered as VAT payers (except for natural persons).

2. The violation provided for by paragraph 1 of this article committed with respect to a minor, a pregnant woman or a person with a disability, −

shall result in the imposition of a fine in double the amount of the respective fine provided for by paragraph 1 of this article.

3. The repeated commitment of the violation provided for by paragraphs 1 or 2 of this article within 1 calendar year after the imposition of an administrative sanction –

shall result in the imposition of a fine in double the amount of that imposed for the commitment of a respective violation.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Chapter V – Transitional and Final Provisions

 

Article 17 – Transitional provisions

1. By 1 November 2015:

a) the Government of Georgia shall ensure the preparation and approval of a subordinate legal act necessary for the performance of requirements under Article 6(3) and Article 9(b) and (i) of this Law;

b) the Government of Georgia shall approve an appropriate subordinate legal act on the basis of research of the labour market to assess the feasibility of the implementation of labour immigration policy;

c) the Minister of Justice of Georgia shall ensure the preparation and issuance of a subordinate normative act under Article 7(3) of this Law;

d) the Minister of Labour, Health and Social Affairs of Georgia shall ensure the preparation and issuance of a subordinate normative act under Article 14(4) of this Law.

1¹. Before 1 September 2023:

a) upon the recommendation of the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, the Government of Georgia shall, in accordance with this Law and for its implementation, ensure the following:

a.a) approval of the procedure for certification of activities related to the provision of employment outside Georgia;

a.b) approval of the procedure for submitting an report on the activities carried out by a certified intermediary in the field of labour migration and for registering a labour immigrant employed in Georgia by a local employer in the unified database of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia which shall also provide for the matter of personal data processing;

b) the Government of Georgia and the Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall ensure the compliance of the relevant subordinate normative acts with this Law.

1². Before 1 November 2023, a local employer shall, in accordance with the legislation of Georgia, submit information to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia on a labour immigrant employed with that employer before 1 September 2023.

2. A legal person, an individual entrepreneur, or the branch (representation, permanent office) of a foreign enterprise, or of a non-entrepreneurial (non-commercial) legal entity under this Law, acting in the field of providing employment and/or assistance in the provision of employment outside Georgia, shall be obliged to make an appropriate amendment to its registration documentation before 1 May 2016 in accordance with Article 7 of this Law.

3. This Law shall not apply to contractual relations that are in force at the time of the entry into force of this Law, until such relations expire.

4. In accordance with this Law:

a) a legal entity, an individual entrepreneur or a branch (representation, permanent establishment) of an enterprise of a foreign country or a non-entrepreneurial (non-commercial) legal entity carrying out activities related to the provision of employment outside Georgia shall be exempted from the administrative sanction – fine, if he/she/it was imposed the above administrative sanction – fine for the commitment of administrative offence provided for by Article 16 of this Law;

b) exemption from the administrative sanction – fine provided for by subparagraph a) of this paragraph shall apply to unenforced administrative sanction – fine;

c) administrative, court and enforcement proceedings on the cases of administrative offences provided for by subparagraph (a) of this paragraph shall be terminated;

d) exemption from the administrative sanction – fine provided for by subparagraph (a) of this paragraph shall apply to persons who committed the administrative offence provided for by subparagraph (a) of this paragraph before 1 September 2023;

e) without regard to the enforcement of the administrative sanction – fine, a person who committed the administrative offence provided for by subparagraph (a) of this paragraph before 1 September 2023 shall be considered as not subject to administrative sanction;

f) relevant bodies and officials shall carry out all measures required for the fulfilment of this paragraph;

g) the Legal Entity under Public Law called the National Bureau of Enforcement operating within the governance of the Ministry of Justice of Georgia shall terminate the enforcement of the case of administrative offence under its review within the scope of regulation of this Law.

Law of Georgia No 2926 of 17 May 2023 – website, 2.6.2023

 

Article 18 – Final provisions

1. This Law, except for Articles 1-16 of the same Law, shall enter into force upon its promulgation.

2. Articles 1-16 of this Law shall enter into force on 1 November 2015.

 

President of Georgia                       Giorgi Margvelashvili

Kutaisi

1 April 2015

No 3418-IIს