Employee Rights, Not Requests – When Does Subordination End?!

Lawyers refer to the relationship between an employee and an employer as an employment legal relationship. It is essentially a vertical relationship where the employee is subordinate to the employer. Since human beings are imperfect by nature, legal subordination must never reach a scale where the greatest legal good—the "human being" in their entirety—becomes completely subjugated to the employer. To prevent this, the Labor Code exists;

Unlike other laws, the Labor Code is an organic law, which means it ranks higher in the legal hierarchy than ordinary laws. The constitutional protection of labor rights ensures that an individual has the right to work, as well as the right not to work, and the right to change jobs; this is solely the decision of the employee (the individual). While this article cannot exhaust the full scope of employee rights, it will provide a clear overview of pre-contractual relations, contract terms, the meaning of a probationary period, and the actual commencement of work.

1. Pre-contractual Relations: It is not merely the employee's right, but the employer's legal obligation to provide comprehensive information regarding the work to be performed, the form of the employment contract, dispute resolution procedures, labor conditions, and remuneration (Article 11 of the Labor Code).
Lawyer’s Advice: This is particularly important because if you ever face a situation where an HR representative asks, "What salary are you willing to work for?", you can show them this article and call me on speakerphone. The employer is legally obligated to inform you of the terms first. Subsequently, you might be able to demand more than you initially thought or imagined;

2. Term of the Contract: An employment contract can be concluded orally or in writing. However, if the employment relationship is expected to last for more than 1 month, a written form is mandatory. Furthermore, contracts with a term of less than 1 year are concluded with an employee only in exceptional cases, such as: specific work needs to be performed (e.g., replacing tiles in the company office), the work is seasonal (e.g., grape harvesting), the volume of work temporarily increases, or another employee is being temporarily replaced (e.g., an employee is on maternity leave) (Article 14 of the Labor Code).
Lawyer’s Advice: There is a flawed practice where employees are given so-called "short-term contracts" every 6 months. I can assure you that signing another 6-month employment contract after the initial 6 months is illegal, as the Labor Code does not recognize the possibility of concluding consecutive 6-month contracts for standard operations. Consequently, you should demand a contract for no less than 1 year. Continuously renewing 6-month contracts can result in the company being fined by the Labor Inspectorate. Demand the conclusion of an appropriate fixed-term (at least 1 year) or open-ended contract; otherwise, inform them that "the Labor Inspectorate might be interested in this matter," or even better, interest your lawyer in it;

3. Probationary Period: In employment legal relations, a contract concluded with a probationary period holds special significance. A probationary contract is essentially an agreement where "the parties agree to a certain experiment during the probationary period, specifically to observe how the employee handles the employer's tasks." A probationary contract can be concluded only once, for a maximum duration of 6 months, and strictly in written form (Article 17 of the Labor Code).
Lawyer’s Advice: In my legal practice, I have encountered scenarios where an employer has "split" their business operations into 3 separate companies. Consequently, they employ a person on a 6-month probationary period in the first company, then for another 6 months in the second, and subsequently in the third. Why do they do this? Because an employer can terminate a probationary contract without cause. The employer uses this tactic to keep a person working for a year and a half, and then dismiss them without paying severance compensation. To prevent this, demand a standard fixed-term contract with the exact same company where you worked the initial 6 months. If this still occurs, there is relevant legal precedent where such deceptive actions resulted in the "employer" facing civil financial liability towards the employee. In such cases, you will definitely need a professional lawyer.;

4. Commencement of Employment Relations: An employment relationship arises from the very moment the employee actually begins work. It does not matter on what date the written employment contract is formally signed; the employment relationship starts exactly when the employee commences the performance of their duties (Article 15 of the Labor Code).
Lawyer’s Advice: I have witnessed cases where an employee works for a month or a month and a half, but their remuneration is calculated only from the date the formal contract was signed (e.g., they started working on January 10, but the "formalization" happened on February 20, and they are paid only from February 20). While the concept of an internship exists in the Labor Code, it is strictly intended for raising qualifications or improving professional knowledge and skills. Therefore, the date the contract is signed is irrelevant; what matters legally is the day you actually began working;

This is merely a fraction of the rights that the Labor Code affirms. Yes, affirms, not grants, because while the employee is legally subordinate to the employer in a professional context, their fundamental equality is guaranteed by the Constitution of Georgia;