Dismissal Before Labor Agreement Expires

Fired IDP tries to restore justice through court

IDP Nikoloz Garganjia worked at the Adjara branch of Energo-Pro Georgia since it was founded. He had agreement signed until February 2010 but on May 28, 2009 he was fired because his health conditions were not compliable to his duties. Article 37 - “d” and Article 38 Part I and III of the Labor Code of Georgia are mentioned in the decision on his dismissal.

Initially, Nikoloz Garganjia was employed as junior specialist of the Meteorological Department of the Adjara branch of the Energo-Pro Georgia. Since February of 2009 he worked as a registration specialist and his salary was increased up to 900 GEL. He had signed employement agreement with the company until February 2010. However, since May 28 he and his family remained without any income. “We have no more income in our family; only Nikoloz was working. I do not know what we will do now. In private talks, they speak about the illness but Nikoloz does not have health problems. We can provide corresponding document. The resolution on dismissing Nikoloz provides the articles from the Labor Code that deals with incapability of an employee to do his/her duties. Can a person be fired for no reason before the agreement expires? He has never been rebuked by the administration and always did his job properly,” said family members of Garganjia.

The Human Rights Center tried to find out the real situation with the director of the Adjara branch of the Energo-Pro Georgia; however, director Davit Zhghenti sent us to the lawyer of the company.

Aleko Metreveli, lawyer of the Adjara Office of the Energo-Pro Georgia: “Employment agreement with Nikoloz Garganjia was ceased. The Labor Code does not require any reasons for ceasing the agreement; the agreement can be stopped at any time.”

“I do not know what the staff policy was and whether it was urgently necessary to fire him but personnel reduction is not necessary reason for firing employees. We followed the requirements of the Article 38 of the Labor Code and we compensated the former employee as well.”

In Adjara, employees of the Company are often dismissed. However, the lawyer of the Company states that they have had only one disagreement with the former employee since they work in Adjara; in that case the suitor canceled his appeal.

The Human Rights Center got in touch with the Adjara based Trade Unions and requested their assessment of the Labor Code.

Ilia Verdzadze, deputy head of Adjara Trade Union: “Grounds for termination of the employment relations is invalidation of the employment agreement; it is written in Article 37 of the Labor Code of Georgia. It is axiom. Article 38 defines how the agreement can be invalidated. Here we have discriminative norm because the initiative of a party is not enough. We protest this article. We submitted our initiative to the parliament and request to increase the responsibilities of the employer. They should clarify the reasons of firing the employee. Current Code does not require explanations and only initiative is enough.”