Issue 15 (2020)

Relationship between fixed and permanent labor contracts in Georgian and international law

Abstract: This article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are written in Georgian labor Code. This article has for the main object to analyze these prerequisites strictly regulated by Georgian law, compare them to international labor documents and give recommendations to refi ne Georgian labor legislation. Under international law, under Social Charter, under COUNCIL DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP the fixed-term labor contract can be signed between two parties if there is an objective reason and this objective reason should be written in labor contract. Due to Georgian labor code there are five prerequisites to sign fixed-term labor contract. One of them is „another objective“ reason, which gives to employer the power to sign fixed-term labor contract with an employed with „another objective“ reason, the employer can use„ another objective reason“ without any obligation to prove why is he drafting the fixed-term contract with an employed person. According to this article the author tries to give recommendations to evaluate Georgian legislation and practice in labor law, gives the example of foreign country’s labor legislation and is trying to underline the need of good and fare interpretation of Georgian labor code about fixed-term labor contracts by Georgian court.

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