On Remuneration in Public Institutions

LAW OF GEORGIA

ON REMUNERATION IN PUBLIC INSTITUTIONS

Chapter I – General Provisions

Article 1 – Scope of the Law

1. This Law regulates issues of the remuneration of persons employed in public institutions and the determination of the number of persons employed on the basis of an agreement under public law and persons employed on the basis of an employment agreement, and establishes the conditions for the remuneration of persons working part time, during night hours, on days off and holidays and in working conditions containing health risks, and determines the procedure and conditions for paying remuneration for the fulfilment of temporarily assigned functions.2. This Law shall apply to:

a) state servants;

b) public political officials;

c) political officials;

d) qualified public officers ('an officer’);

e) persons employed on the basis of an agreement under public law;

f) persons employed on the basis of an employment agreement.

3. This Law shall also apply to all other persons employed in public institutions, unless otherwise determined by this Law.

4. Unless otherwise determined by this Law, remuneration shall be determined by the respective legislation of Georgia, and this Law shall not apply to:

a) employees with a military or a special rank in the system of the Ministry of Internal Affairs of Georgia;

b) employees with a military and a special rank of the Emergency Management Service, a special-purpose state institution directly subordinated to the Prime Minister of Georgia;

[b) (Deleted – 22.12.2018, No 4094); (Shall become effective from 1 January 2019)]

c) employees with a special rank of the Investigation Service of the Ministry of Finance of Georgia;

[c ¹ ) employees with a special rank of the Investigation Division of the Office of the State Inspector; (Shall become effective from 1 January 2019)]

d) employees of the Georgian Intelligence Service;

e) employees with a military and a special rank of the Special State Protection Service;

f) employees with a military and a special rank in the system of the Ministry of Defence of Georgia, employees of the Defence Forces of Georgia;

g) employees of a state sub-agency called the Special Penitentiary Service within the system of the Ministry of Justice of Georgia, and employees of the Legal Entity under Public Law called the National Agency for the Execution of Non-custodial Penalties and Probation operating within the governance of the same Ministry;

h) employees with a military and a special rank in the system of the State Security Service of Georgia;

i) members, and employees of the Offices, of national regulatory bodies;

j) members of the Board of the National Bank of Georgia and employees of the National Bank of Georgia;

k) the General Auditor, his/her deputies, members of the Presidium, and auditors and analysts of the State Audit Office;

l) members of the Constitutional Court of Georgia;

m) judges of the common courts of Georgia;

n) members of the High Council of Justice of Georgia;

o) prosecutors and investigators of the Prosecutor’s Office;

p) the Legal Entity under Public Law called the Notary Chamber of Georgia, except for employees of the Staff of the Board of the Notary Chamber of Georgia;

q) members of the Board of Trustees of the Public Broadcaster and persons employed in the Public Broadcaster;

r) persons employed in membership-based (except for budgetary organisations), cultural, fostering, educational, research/research and development, sport and religious legal entities under public law and in cultural, fostering, educational, research/research and development, sport and religious non-entrepreneurial (non-commercial) legal entities.

5. In the case of the persons defined in paragraph 4(a)-(h) of this article: a) the amounts of all increments, monetary rewards or other additional pay received by them on the basis of this Law and/or the relevant legislation of Georgia shall be determined within the limits established by Articles 26-28 of this Law, except for a class-based increment provided for by this Law and except in the cases provided for by the legislation of Georgia where the criteria to be met by a person employed in a public institution (including the years of service) for receiving additional pay and the amount of the increment are determined by a respective normative act and/or an individual administrative act with a 'Classified' stamp;

b) a salary increment may be paid to said persons additionally within the limit of a monetary reward established by Article 28 of this Law, provided that the total of salary increment and monetary reward received by the person does not exceed the limit established by Articles 26 and 28 of this Law.

6. If a person defined in paragraph 4(a)-(h) of this article holds the post of officer, he/she shall be paid a class-based increment (if he/she has an officer’s class) according to the table in Article 10 of this Law.

7. A procedure, other than the procedure defined by this Law, may be determined for persons employed in public institutions, the calculation of whose remuneration is related to the volume/value of work performed (according to worked hours, a share from a service fee and/or other indicators). A procedure for remunerating such persons shall be determined in accordance with the procedure established by the legislation of Georgia: for persons employed in public institutions of the central authority, the Autonomous Republics of Abkhazia and Adjara and Tbilisi Municipality – in agreement with the respective executive authority, and for persons employed in public institutions in municipalities (excluding Tbilisi Municipality) – in agreement with the Sakrebulo (assembly) of a respective municipality, upon recommendation by an agency supervising the respective public institution (if there is such an agency) or by the public institution itself (if there is no superior agency).

8. The norms established by this Law shall not apply to persons employed in public institutions whose remuneration is funded within the grant received by the State in accordance with the legislation of Georgia and/or an international agreement ratified by the Parliament of Georgia.

9. The norms established by this Law shall not apply to persons employed in public institutions who, in the cases provided for by the Law of Georgia on Diplomatic Service, represent Georgia in a host state and/or international organisation, and/or are sent to or appointed to a diplomatic mission/consular office.

Law of Georgia No 3135 of 5 July 2018 – website, 11.7.2018

Law of Georgia No 3291 of 21 July 2018 – website, 9.8.2018

Law of Georgia No 3388 of 5 September 2018 – website, 24.9.2018

Law of Georgia No 4094 of 22 December 2018 – website, 28.12.2018

Article 2 – Definition of terms

1. The terms used in this Law shall be defined in accordance with the Law of Georgia on Public Service, unless otherwise determined by this Law.

2. For the purposes of this Law, the terms used therein have the following meanings:

a) public institution – a budgetary organisation defined by the Budgetary Code of Georgia;

b) remuneration (salary) – an official salary, as well as a respective salary increment, a class-based increment and a monetary reward – in the case provided for by this Law;

c) official salary – monthly pay determined for a post/position in a public institution, which is approved by a respective staff list or is defined by a respective agreement;

d) salary increment – an amount determined for the fulfilment by a person employed in a public institution of overtime work and/or additional functions, including working during night hours, on days off/holidays and in working conditions containing health risks;e) class-based increment – an increment corresponding to an officer’s class provided for officers by the Law of Georgia on Public Service;

f) monetary reward – a means of motivating an officer in accordance with the results of an evaluation of officers provided for by the Law of Georgia on Public Service; or a means of motivation envisaged for the excellent and exemplary performance by a person employed in a public institution (excluding an officer) of functions assigned to him/her, for his/her long and faithful service, and/or for the performance of a task of special complexity and importance;

g) basic official salary – the basic amount of an official salary determined by the law on the State Budget of Georgia for the respective year, which is multiplied by the respective coefficient specified in the table of a respective annex to this Law to produce an official salary for a particular post/position;

h) post/position responsibilities – the result of the evaluation of a set of functions defined by a job description established for a particular post/position, which is based on the degree of responsibility necessary to fulfil the functions envisaged for this post/position, the complexity of performing the duties, appropriate competence, and qualification and work experience.

Article 3 – Basic principles of the remuneration system

The remuneration system shall be based on the principles of equality and transparency, which implies receiving, in compliance with pre-established rules, equal pay for the performance of equal work, with due consideration of the post/position responsibilities.

Article 4 – General remuneration rule

1. The source of the formation of a payroll fund for persons employed in public institutions shall be the respective budget. The reduction of budget allocations shall not be the basis for reducing official salaries.

2. Remuneration shall be paid by non-cash settlement.

Article 5 – Legal grounds and principles for determining remuneration

1. Persons employed in public institutions shall have the right to receive remuneration from the day of recruitment to the day of dismissal in accordance with the procedure established by this Law.

2. The official salaries of persons employed in public institutions (except for those employed on the basis of an employment agreement) shall be included in the staff list of the public institution.

3. An official authorised to determine official salaries shall select the coefficient, taking into account the responsibilities for a particular post/position in the public institution, according to the table in a respective annex to this Law.4. An official salary of a person employed in a public institution on the basis of an employment agreement shall be determined by a respective agreement, within the limit established by this Law. The labour legislation of Georgia shall apply to persons employed on the basis of an employment agreement, unless otherwise determined by the legislation of Georgia.

5. A salary increment provided for by this Law shall be paid on the basis of an individual administrative act, which shall meet the requirements of the General Administrative Code of Georgia and which shall specify the basis for paying a salary increment and its amount.

6. A class-based increment provided for by this Law shall be paid on the basis of an individual legal act awarding an officer's class, in accordance with the procedure established by this Law.

7. A monetary reward provided for by this Law shall be paid on the basis of an individual administrative act, which shall meet the requirements of the General Administrative Code of Georgia and which shall specify the basis for paying a monetary reward and its amount.

Article 6 – Approving the structure and the staff list of a public institution

1. The structure and the staff list of a public institution shall be approved in accordance with the procedure established by the legislation of Georgia.

2. The ministers and state ministers of Georgia shall ensure the approval of the structures and the staff lists of the ministries, sub-agencies and territorial bodies subordinated to them in agreement with the Government of Georgia, in accordance with the Procedure for the Agreeing by Ministers and State Ministers of Georgia of the Staff Lists, Official Salaries and Payroll Funds of Ministries, Sub-agencies and Territorial Bodies Subordinated to Them, with the Government of Georgia.

Article 7 – Purpose of a basic official salary

1. For the purposes of calculating official salaries for posts/positions in public institutions determined by this Law, basic official salaries shall be determined in nominal terms by the law on the State Budget of Georgia for the respective year. A basic official salary shall be multiplied by the respective coefficient determined in accordance with the procedure established by this Law to produce an official salary for a particular post/position for a particular budget year.

2. Reducing the basic official salaries determined by the law on the State Budget of Georgia for the respective year against the basic official salaries determined by the law on the State Budget of Georgia for the previous year shall be inadmissible.

Chapter II – Remuneration of Officers

Article 8 – Official salary of an officer

1. Official salaries for posts assigned to each hierarchic rank of officer posts in public institutions financed from the State Budget and/or controlled/established by the central authority, or financed from the budget of Tbilisi Municipality and/or established/controlled by Tbilisi Municipality, shall be determined with due consideration of post/position responsibilities by multiplying the basic official salary by the respective coefficient specified in Table No 1 of Annex No 1 to this Law and shall be included in the staff list of a public institution.

2. Official salaries for officer posts in public institutions financed from the republican budgets of the Autonomous Republics of Abkhazia and Adjara and the budgets of municipalities (except for Tbilisi Municipality) and/or established/controlled by them, shall be determined with due consideration of post/position responsibilities by multiplying the basic official salary by the respective coefficient specified in Table No 2 of Annex No 2 to this Law and shall be included in the staff list of a public institution.

Article 9 – Salary increment of an officer

1. An officer shall be paid a salary increment in accordance with the procedure established by the legislation of Georgia for fulfilling overtime work and/or additional functions, including working during night hours, on days off/holidays and in working conditions containing health risks.

2. An officer shall be paid a salary increment in cases provided for by the Law of Georgia on Public Service on the basis of a recommendation from a superior official (if any), by an individual administrative act of the head of a public institution or other duly authorised person, within the limit established by this Law and within the funds envisaged by the respective budget.

Article 10 – Class-based increment of an officer and its amount

An officer shall be paid an increment corresponding to an officer's class provided for by the Law of Georgia on Public Service in the amount of a percentage of an official salary, in accordance with the following table:

Officer's class

1

2

3

4

5

6

7

8

9

10

11

12

Rate of class-based increment

1%

2%

3%

4%

5%

6%

7%

8%

9%

10%

12%

15%

Article 11 – Monetary reward

An officer shall be paid a monetary reward provided for by the Law of Georgia on Public Service on the basis of an individual administrative act of the head of a public institution or other duly authorised person, with due consideration of the results of an evaluation of officers, within the limit established by this Law and within the funds envisaged by the respective budget.

Chapter III – Remuneration of Persons Employed

on the Basis of Agreement under Public Law

Article 12 – Limit of an official salary of a person employed on the basis of an agreement under public law

1. An official salary of a person employed on the basis of an agreement under public law, recruited under the Law of Georgia on Public Service in the Parliament of Georgia, the Administration of the President of Georgia, the Administration of the Government of Georgia or the Offices of ministers and state ministers of Georgia, shall be included in the staff list of a respective public institution and shall not exceed an official salary calculated according to Table No 1 of Annex No 1 to this Law on the basis of the coefficient of the 10th salary category established for the post of head of a primary structural unit of a public institution.

2. An official salary of a person employed on the basis of an agreement under public law, recruited under the Law of Georgia on Public Service in the supreme representative and executive bodies of the Autonomous Republics of Abkhazia and Adjara, shall be included in the staff list of a respective public institution and shall not exceed an official salary calculated according to Table No 2 of Annex No 2 to this Law on the basis of the coefficient of the 10th salary category established for the post of head of a primary structural unit of a public institution.

3. An exceptional procedure, different from the procedure for calculating official salaries provided for by paragraph 1 of this article, may be established in relation to persons employed on the basis of an agreement under public law upon a reasoned recommendation from an authorised person in a public institution and in agreement with the Government of Georgia. An exceptional procedure, different from the procedure for calculating official salaries provided for by paragraph 2 of this article, may be established upon a reasoned recommendation from an authorised person in a public institution and in agreement with the government of the respective autonomous republic. The obligation of agreement provided for by this paragraph shall not apply to the supreme representative body of Georgia, the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara, and the Administration of the President of Georgia.

Article 13 – Salary increment of a public servant employed on the basis of an agreement under public law

1. A public servant employed on the basis of an agreement under public law may be paid a salary increment for fulfilling overtime work and/or additional functions, including working during night hours, on days off/holidays and in working conditions containing health risks.

2. A public servant employed on the basis of an agreement under public law shall be paid a salary increment on the basis of a recommendation from a superior official (if any), by a decision of the head of a public institution or other duly authorised person, within the limit established by this Law and within the funds envisaged by the budget of a respective public institution.

Article 14 – Monetary reward of a public servant employed on the basis of an agreement under public law

For the excellent and exemplary performance of functions assigned, for long and faithful service and/or for the performance of a task of special complexity and importance, a public servant employed on the basis of an agreement under public law may be paid a monetary reward by a decision of the head of a public institution or other duly authorised person, within the limit established by this Law or within the funds envisaged by the respective budget.

Chapter IV – Remuneration of Persons Employed in Public Institutions

on the Basis of Employment Agreement

Article 15 – Limit of an official salary of a person employed on the basis of an employment agreement

1. An official salary of a person employed on the basis of an employment agreement in a public institution financed from the State Budget and/or controlled/established by the central authority, or financed from the budget of Tbilisi Municipality and/or established/controlled by Tbilisi Municipality, shall not exceed an official salary calculated according to Table No 1 of Annex No 1 to this Law on the basis of the coefficient of the 10th salary category established for the post of head of a secondary structural unit of a public institution.2. An official salary of a person employed on the basis of an employment agreement in a public institution financed from the budgets of the Autonomous Republics of Abkhazia and Adjara and the budgets of municipalities (except for Tbilisi Municipality) or established/controlled by them, shall not exceed an official salary calculated according to Table No 2 of Annex No 2 to this Law on the basis of the coefficient of 10th salary category established for the post of head of a secondary structural unit of a public institution.

3. An exceptional procedure, different from the procedure for calculating official salaries provided for by paragraph 1 of this article, may be established in relation to persons employed on the basis of an employment agreement upon a reasoned recommendation from an authorised person in a public institution and in agreement with the respective executive authority. An exceptional procedure, different from the procedure for calculating official salaries provided for by paragraph 2 of this article, may be established upon a reasoned recommendation from an authorised person in a public institution and in agreement with the government of the respective autonomous republic in the case of the Autonomous Republics of Abkhazia and Adjara, or in agreement with a Sakrebulo of the respective municipality in the case of municipalities (except for Tbilisi Municipality). The obligation of agreement provided for by this paragraph shall not apply to the supreme representative body of Georgia, the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara, and the Administration of the President of Georgia.

Article 16 – Salary increment of a person employed on the basis of an employment agreement

1. A person employed in a public institution on the basis of an employment agreement may be paid a salary increment for fulfilling overtime work and/or additional functions, including working during night hours, on days off/holidays and in working conditions containing health risks.

2. The authority to pay a salary increment to a person employed on the basis of an employment agreement shall derive from the conditions of the agreement and shall be exercised on the basis of a recommendation from a superior official (if any), by a decision of the head of a public institution or other duly authorised person, within the limit established by this Law and within the funds envisaged by the respective budget.

Article 17 – Monetary reward of a person employed on the basis of an employment agreement

For the excellent and exemplary performance of functions assigned, for long and faithful service and/or for the performance of a task of special complexity and importance, a person employed in a public institution on the basis of an employment agreement may be paid a monetary reward on the basis of a recommendation from a superior official, by a decision of the head of a public institution or other duly authorised person, within the limit established by this Law and within the funds envisaged by the respective budget.

Chapter V – Remuneration of Public Political Officials and of Political Officials

Article 18 – Official salary of a public political official1. The official salary of a public political official (except for a Member of the Parliament of Georgia) shall be determined by multiplying the coefficient determined within the limits of a respective upper limit coefficient determined according to Table No 3 of Annex No 3 to this Law by the basic official salary, and shall be included in the staff list of a respective public institution.

2. The official salary of a Member of the Parliament of Georgia) shall be determined by the Rules of Procedure of the Parliament of Georgia, within the limits of a respective upper limit coefficient determined according to Table No 3 of Annex No 3 to this Law.

Law of Georgia No 3454 of 20 September 2018 – website, 9.10.2018

Article 19 – Official salary of a political official

An official salary of a political official shall be established by multiplying the coefficient determined within the limits of the respective upper limit coefficient established according to the respective table of Annex No 4 to this Law by the basic official salary, and shall be included in the staff list of a respective public institution.

Article 20 – Salary increment of a public political official and a political official

Salary increments shall not be paid to public political officials and political officials.

Article 21 – Monetary reward of a public political official and a political official

Monetary rewards shall not be paid to public political officials and political officials.

Chapter VI – Remuneration of State Servants

Article 22 – Official salary of a state servant

1. An official salary of a state servant (except for a public political official and an officer) employed in a public institution financed from the State Budget and/or controlled/established by the central authority, shall be included in the staff list of a public institution and shall not exceed the basic official salary multiplied by the coefficient of an official salary of a minister of Georgia according to Table No 3 of Annex No 3 to this Law.2. An official salary of a state servant (except for a public political official and an officer) employed in the supreme representative and executive bodies of the Autonomous Republics of Abkhazia and Adjara, shall be included in the staff list of a respective public institution and shall not exceed the basic official salary multiplied by the coefficient of an official salary of a minister of the respective autonomous republic according to Table No 3 of Annex No 3 to this Law.

Article 23 – Salary increment of a state servant

1. A state servant may be paid a salary increment for fulfilling overtime work and/or additional functions, including working during night hours, on days off/holidays and in working conditions containing health risks.

2. A state servant shall be paid a salary increment on the basis of a recommendation from a superior official (if any), by a decision of the head of a public institution, within the limit established by this Law and within the funds envisaged by the respective budget.3. The authority to determine a salary increment for a state servant who at the same time is the head of a public institution shall be exercised by a decision of a superior official/body, and, if there is no such official/body, by a decision of the state servant himself/herself.

Article 24 – Monetary reward of a state servant

1. For the excellent and exemplary performance of functions, for long and faithful service and/or for the performance of a task of special complexity and importance, a state servant may be paid a monetary reward on the basis of a recommendation from a superior official, by a decision of the head of a public institution, within the limit established by this Law and within the funds envisaged by the respective budget.

2. The authority to determine a monetary reward for a state servant who at the same time is the head of a public institution shall be exercised by a decision of a superior official/body, and, if there is no such official/body, by a decision of the state servant himself/herself.

Chapter VII – Remuneration of Other Persons Employed in Public Institutions

Article 25 – Remuneration of other persons employed in public institutions

1. The official salaries of persons employed in public institutions financed from the State Budget and/or controlled/established by the central authority, or financed from the budget of Tbilisi Municipality and/or established/controlled by Tbilisi Municipality, which are not regulated by other articles of this Law and who are not persons defined in Article 1(2) and (4)-(9) of this Law, shall be determined with due consideration of the responsibilities equivalent to posts assigned to each hierarchical rank of officer posts in public institutions, by multiplying the basic official salary by the respective coefficient determined according to Table No 1 of Annex No 1 to this Law, and shall be included in the staff list of a respective public institution.

2. Official salaries of persons employed in public institutions financed from the republican budgets of the Autonomous Republics of Abkhazia and Adjara and the budgets of municipalities (except for Tbilisi Municipality) and/or established/controlled by them, which are not regulated by other articles of this Law and who are not persons defined in Article 1(2), (7) and (8) of this Law, shall be determined with due consideration of the responsibilities equivalent to posts assigned to each hierarchical rank of officer posts in public institutions, by multiplying the basic official salary by the respective coefficient determined according to Table No 2 of Annex No 2 to this Law, and shall be included in the staff list of a respective public institution.

3. An official salary of a head of a public institution, which is not established either by the respective articles of this Law or special legislation, shall be determined in accordance with the following procedure:

a) an official salary of a head of a public institution financed from the State Budget and/or established/controlled by the central authority, shall be included in the staff list of the respective public institution and shall not exceed the basic official salary multiplied by the coefficient of an official salary of a first deputy minister of Georgia according to Table No 3 of Annex No 3 to this Law;

b) an official salary of a head of a public institution financed from the budget of the autonomous republic and/or established/controlled by the autonomous republic, shall be included in the staff list of the respective public institution and shall not exceed the basic official salary multiplied by the coefficient of an official salary of a first deputy minister of the respective autonomous republic according to Table No 3 of Annex No 3 to this Law;

c) an official salary of a head of a public institution financed by a municipality (except for Tbilisi Municipality) and/or established/controlled by a municipality (except for Tbilisi Municipality) shall be included in the staff list of the respective public institution and shall not exceed an official salary calculated on the basis of the coefficient of the 10th salary category established for the post of head of a primary structural unit of a public institution, determined for the municipality according to Table No 2 of Annex No 2 to this Law;

d) an official salary of a head of a public institution financed by Tbilisi Municipality and/or established/controlled by it shall be included in the staff list of the respective public institution and shall not exceed an official salary calculated on the basis of the coefficient of the 10th salary category established for the post of head of a primary structural unit of a public institution, determined according to Table No 1 of Annex No 1 to this Law.

4. An official salary of a deputy head of a public institution provided for by paragraph 3 of this article shall not exceed an official salary of a head of the respective public institution.

5. Salary increments and monetary rewards shall be paid to persons employed in public institutions provided for by paragraphs 1, 2 and 4 of this article by a decision of the head of a respective public institution, on the bases and within the limits provided for by this Law.

6. A salary increment and a monetary reward shall be paid to a head of a public institution provided for by paragraph 3 of this article by a decision of a superior official/body, on the bases and within the limits provided for by this Law.7. A salary increment and a monetary reward shall be paid to a head of a public institution provided for by paragraph 3 of this article, who does not have a superior official/body, on the bases and within the limits provided for by this Law, by a decision of the head of a public institution himself/herself.

8. A procedure for determining responsibilities for the posts/positions in public institutions provided for by paragraphs 1 and 2 of this article, equivalent to posts assigned to each hierarchical rank of officer posts, shall be determined by an ordinance of the Government of Georgia.

Chapter VIII – Some Restrictions Related to Remuneration

and the Number of Employed Persons

Article 26 – Total amount of salary increments

The one-off amount of a salary increment provided for by this Law shall not exceed the amount of one month's official salary provided by for a respective post/position, and the total amount of salary increments received during the year shall not exceed 20 % of the annual amount of an official salary.

Article 27 – Remuneration in public institutions for working overtime and during night hours, on days off/holidays and in working conditions containing health risks

In public institutions, working overtime and during night hours, on days off/holidays or in working conditions containing health risks, shall be remunerated according to worked hours and the official salary, in accordance with the procedure established by a respective public institution, within the limits provided for by this Law.

Article 28 – Total amount of monetary rewards

1. The total amount of monetary rewards received during the year by a person employed in a public institution shall not exceed 10 % of the annual amount of the official salary for a post/position held by the person.

2. In special cases, by a decision of the Government of Georgia, a person employed in a public institution may be paid a monetary reward in connection with such special case on a one-off basis, without consideration of the limit established by this Law.

Article 29 – Limitation of the number of persons employed in a public institution on the basis of an agreement under public law and of persons employed on the basis of an employment agreement

1. The number of persons employed in a public institution on the basis of an agreement under public law shall not exceed 10 % of the total staff number in the public institution. An exception to this limitation may be made by a decision of the public institution, with due consideration of the recommendations of the Legal Entity under Public Law called the Civil Service Bureau.

2. The limitation established by paragraph 1 of this article shall not apply to persons employed on the basis of an agreement under public law in the representative bodies of the state authority. 3. The number of public servants employed on the basis of an employment agreement, recruited in a public institution under the Law of Georgia on Civil Service for fulfilling ancillary tasks, shall not exceed 5 % of the total staff number in the public institution.

4. The procedure for making an exception from the limitation established by paragraph 3 of this article, as well as the maximum number of persons employed on the basis of an employment agreement and recruited in a public institution for fulfilling temporary tasks, shall be determined by the law on the State Budget of Georgia for the respective year and other legislative and subordinate normative acts of Georgia.

Article 30 – Procedure and conditions for remuneration for fulfilling temporary functions, and remuneration for working part time

1. A person who fulfils the functions of a person temporarily absent from post and who is exempted from fulfilling his/her own official duties (the fulfilment of other functions), shall be paid the official salary of the person absent from post, if it exceeds his/her official salary. If the official salary of a person temporarily absent from post is lower than the official salary of a substituting person, the latter shall retain his/her own official salary. A person who fulfils the functions of a person temporarily absent from post without being exempted from fulfilling his/her own official duties (the fulfilment of additional functions), shall be paid, in addition to his/her own official salary, a salary increment within the limit established by this Law.

2. In accordance with Article 50(3) of the Law of Georgia on Public Service, based on the interests of the public institution, the fulfilment by an officer of other functions within the system of public service shall be remunerated by a host public institution in accordance with the procedure established by this Law, and, based on the interests of the public institution, the fulfilment by an officer of other functions abroad shall be remunerated in accordance with the procedure established by the legislation of Georgia.

3. On the basis of the Law of Georgia on Public Service, a person with a disability, as well as an officer, with due consideration of the state of health of the latter, for the raising of a child under the age of one, or if the right to part-time work has been granted during the period of pregnancy, shall be paid an official salary of a respective post/position in proportion to the hours worked.

Article 31 – Withholding of an official salary

The grounds for the withholding of an official salary may be the application of a measure of disciplinary liability determined by the Law of Georgia on Public Service.

Article 32 – Right to request the return of received benefit

Remuneration received without a corresponding legal basis shall be subject to return on the basis of a respective norm provided for by the legislation of Georgia.

Article 33 – Opportunity to overcome competition with the private sector

1. The Government of Georgia shall be authorised to determine a list of those professions/sets of functions and the procedure for their remuneration, which require professional skills and qualifications that are rare and lacking in the labour market, and/or for which remuneration in the private sector considerably exceeds the corresponding remuneration in public service.

2. On the basis of an application from a public institution, the Legal Entity under Public Law called the Civil Service Bureau shall establish whether the content of the set of functions determined for a particular post/position complies with the list provided for by paragraph 1 of this article.

Chapter IX – Transitional Provisions

Article 34 – Obligations related to the entry into force of this Law

1. By 20 January 2018, public institutions shall ensure the approval of staff lists and official salaries according to the basic official salaries provided for by the Law of Georgia on the State Budget of Georgia for 2018, and the implementation of other necessary measures deriving from this Law and their entry into force from 1 January 2018.

2. In the light of the entry into force of this Law, it shall be inadmissible to increase the payroll fund for persons employed in public institutions in the budget years 2018-2020 as compared to the total amount determined within the limits of allocations provided for by the respective budget for 2018, except in the case provided for by paragraph 3 of this article.

3. The payroll fund for persons employed in public institutions in 2019-2020, in accordance with the procedure established by this Law, may be increased as compared to the payroll fund of 2018 in agreement with the Ministry of Finance of Georgia only before the beginning of a respective budget year, in the process of discussing a draft law on the State Budget of Georgia for the respective year.4. When determining official salaries according to the tables in Annexes No 1 and No 2 to this Law:

a) it shall be inadmissible to reduce an official salary determined before the entry into force of this Law for a post/position held by an employed person;

b) in the light of sub-paragraph (a) of this paragraph, a coefficient determined for a lower post/position may be used.

5. The Government of Georgia shall be tasked to adopt before 5 January 2018:

a) an ordinance on Approving the Procedure for the Agreeing by Ministers and State Ministers of Georgia of the Staff Lists, Official Salaries and Payroll Funds of Ministries, Sub-agencies and Territorial Bodies Subordinated to Them, with the Government of Georgia;

b) an ordinance on the procedure for determining responsibilities for the posts/positions in public institutions provided for by Article 25(1) and (2), equivalent to posts assigned to each hierarchical rank of officer posts in public institutions.

6. In 2018-2020, official salaries of public political officials and political officials (except for persons provided for by paragraph 6¹ of this article) shall be determined by respective staff lists and shall be established according to not more than the average monthly remuneration paid to these officials in 2017. Official salaries may be established according to a different procedure only in the process of discussing a draft law on the State Budget of Georgia for the respective year.

6¹. In 2018-2020, an official salary of a deputy chaiperson of a faction of Tbilisi Municipality Sakrebulo shall be established by multiplying the coefficient determined within not higher than the 4.0 coefficient by the basic official salary, and an official salary of a deputy chaiperson of a faction of a Sakrebulo of a municipality (except for Tbilisi Municipality) shall be established by multiplying the coefficient determined within not higher than the 2.5 coefficient by the basic official salary, and shall be included in a respective staff list.

7. In 2018-2020, deputy members of the Government of Georgia, deputy members of the Governments of the Autonomous Republics of Abkhazia and Adjara, deputy state representatives and deputy mayors of municipalities shall be paid salary increments and monetary rewards provided for by this Law, the amounts of which shall be determined within the limits established by this Law by a superior public political official/political official/body.

8. An officer who was awarded a class rank of a public officer in accordance with the Law of Georgia of 31 October 1997 on Public Service, regardless of whether he/she was receiving a class rank increment, and who was awarded a respective class of a qualified public officer on the basis of the Law of Georgia of 27 October 2015 on Public Service, shall be paid a class-based increment in accordance with the table in Article 10 of this Law.Law of Georgia No 2639 of 27 June 2018 – website, 6.7.2018

Law of Georgia No 3454 of 20 September 2018 – website, 9.10.2018

Chapter X – Final Provisions

Article 35 – Legal acts invalidated in connection with the entry into force of this Law

Upon the entry into force of this Law, the following shall be declared void:

a) the Law of Georgia No 1202-Iს of 25 March 2005 on the Remuneration of the President of Georgia (Legislative Herald of Georgia, No 13, 12.4.2005, Art. 89);

b) the Law of Georgia No 1212-Iს of 25 March 2005 on the Remuneration of Members of the Parliament of Georgia (Legislative Herald of Georgia, No 13, 12.4.2005, Art. 90).

Article 36 – Entry into force of this Law

1. This Law, except for Articles 18 and 19, shall enter into force from 1 January 2018.

2. Articles 18 and 19 of this Law shall enter into force from 1 January 2021.

President of Georgia    Giorgi Margvelashvili

Kutaisi

22 December 2017

No 1825-რს