Equal Pay & Special Protections
Georgia’s Labor Code establishes the principle of gender equality in the workplace. It obliges all employers to ensure equal employment opportunities and equal pay for female and male workers. The Labor Code also provides special protections for pregnant, lactating and women with young children.
Are employers obliged to pay women and men equally for the same job?
Yes, the employer is required to ensure that employees are paid equally for equal work, regardless of gender (Georgian Labor Code Article 4 Paragraph 4).
Is it permissible to enter into an employment contract with women who are pregnant, breastfeeding or taking care of a newborn to perform heavy, harmful or dangerous work?
No, it is forbidden to enter into an employment contract with a woman who is pregnant, breastfeeding, or taking care of a newborn to perform heavy, harmful or dangerous work.
- A pregnant woman is an employee who has informed the employer about the pregnancy (the employer is entitled to request the relevant documentation from the employee if necessary);
- A woman who recently gave birth is a woman who has given birth in the past 6 months and who has notified the employer (the employer has the right, if necessary, to request the relevant documentation from the employee);
- A breastfeeding woman is an employee who breastfeeds a child under the age of 1 and has notified the employer of this.
Is it permissible to employ a woman for night work if she is pregnant, breastfeeding or has recently given birth?
No, this is prohibited under Georgian Labor Code Article 28 Paragraph 3. Night work is any work between 22:00 and 6:00.
Can a person who has a child under the age of 3 work at night?
Yes, hiring a person who has a child under the age of 3 for night work is allowed, but only with his/her consent (Georgian Labor Code Article 28 Paragraph 3).
Is it permissible to employ a woman for overtime work if she is pregnant, breastfeeding or has recently given birth?
Yes, women who are pregnant, have recently given birth or are breastfeeding can work overtime work, so long as they consent to this.
Is it permissible to employ a person who has a child under the age of 3 for overtime work?
Yes, it is permissible to employ a person who has a child under the age of 3 for overtime work, but only with his/her consent (Georgian Labor Code Article 27 Paragraph 6).
How many days of paid leave must be provided to employees for pregnancy and childbirth?
Employees are granted 126 calendar days of paid leave for pregnancy and childbirth upon their request. The amount rises to 143 calendar days in cases of complications of childbirth or the birth of twins (Georgian labor Code Article 37 Paragraph 1).
How many days of leave must be provided to employees for childcare, and how many days are paid?
Employees are granted 604 calendar days of child care leave upon request. In the case of childbirth complications or the birth of twins, the amount is 587 calendar days, of which 57 are paid. Childcare leave can be used by both parents in accordance with the law.
How many days of leave must be provided to a person who adopts a newborn, and how many days are paid?
An employee who has adopted a child under the age of one is granted 550 calendar days of childbirth leave upon request, of which 90 calendar days are paid (Georgian Labor Code Article 38).
Can a father use parental leave?
Yes, the father of the child has the right to use parental leave in whole or in part. The father of the child also has the right to use the mother’s unused days of leave for pregnancy and childbirth (Georgian Labor Code Article 37 Paragraph 4).
How should paid leave for pregnancy and childbirth be distributed?
Employees have the right to redistribute the days of paid leave due for pregnancy and childbirth at their discretion for the periods of pregnancy and childbirth (Georgian Labor Code Article 37 Point 2). The employer has no right to refuse or reduce the number of days allotted for leave. Also, a person employed part-time has the right to take full advantage of this leave.
The employee uses the paid part of maternity leave and childcare leave in sequence for 183 or 200 calendar days, respectively (Georgian Labor Code Article 37 Point 5).
How long in advance should an employee notify the employer of child care leave?
When taking child care leave, the employee is obliged to notify the employer 2 weeks in advance about taking the said leave (Georgian Labor Code Article 37 Paragraph 5).
Are private sector employers required to pay for maternity leave, child care leave and newborn adoption?
No, in the private sector, the employer is not obliged to pay the employee for maternity leave, child care leave and newborn adoption. However, the employer and the employee may voluntarily agree on the said paid leave, and in the best practice cases, employers give their employees full or partial pay for the maternity leave period.
Does the state fund the pay of maternity leave, child care leave and newborn adoption leave?
Yes, maternity leave, child care leave and newborn leave leave are paid from the state budget of Georgia in the form of one-time assistance. The amount of financial assistance to be paid during the paid leave period is no more than GEL 1,000 (Georgian Labor Code Article 39).
Which state agency should I apply to for one-time assistance during maternity leave, and what documents should I submit?
One-time financial assistance is provided by the LEPL Social Service Agency. The documents required for assistance are:
- A copy of your ID card;
- Hospital records, and in case of adoption, the relevant adoption documents;
- 3 copies of the application form;
- Personal bank account information for the employee.
Does the employee have the right to request additional childcare leave?
Yes, the employee, upon request, in whole or in part, but no less than 2 weeks per year, is given an additional, unpaid leave of 12 weeks for childcare until the child turns 5 years old.
Additional child care leave may be granted to an employee who is actually caring for a child (Georgian Labor Code Article 40).
What additional guarantees can women enjoy during and after pregnancy, childbirth, and while caring for a young child?
- A pregnant woman, at her request, will be given extra time for a medical examination if the medical examination is to be carried out during working hours and their wages will not be affected for that time;
- After completing the leave period, the employee has the right to return to the same job under the same working conditions, as well as to enjoy any improved working conditions that she would have been entitled to if he/she had not taken leave.
- At the request of the employee, the employer is obliged to provide training if it is necessary to perform the work provided for in the contract and does not cause disproportionate financial costs for the employer.
On what grounds is it prohibited to terminate an employment contract during an employee's pregnancy and maternity leave?
If an employee notifies her employer that she is pregnant, has given birth, is caring for a child, has adopted a newborn or is caring for a child during the additional leave period, the employer cannot terminate them on any of the follo:
- Economic circumstances, technological or organizational changes that necessitate a reduction in the workforce;
- Incompatibility of the employee’s qualifications or professional skills with the position held and the work to be performed;
- Prolonged incapacity for work.