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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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15 - 23 Mar, 2024

Kutaisi and Batumi Lawyers and Student-Paralegals Explore Issues in Labor Law

On March 15-16 and 22-23, 2024, the USAID Rule of Law Program (Program), through its rule of law hubs in Kutaisi and Batumi, trained student-paralegals and lawyers from the Imereti and Adjara regions in labor law. Ketevan Meskhishvili, Judge of the Tbilisi Court of Appeals, led both trainings.

On March 15 in Kutaisi and March 22 in Batumi, Judge Meskhishvili led 54 student-paralegals on an exploration of the essential aspects of labor contracts, beginning with the fundamentals of the employee-employer relationship and the key terms of the contract. She briefed them on local legislation governing labor relations, including pre-contractual clauses, information exchange, prohibition of labor discrimination, and the contents of employment agreements. The student-paralegals asked questions which touched upon such issues as the termination of employment contracts during maternity leave, strikes, or military service, which in turn led to a discussion on strikes during employment and the consequences of unlawful strikes during the contract period.

On March 16, Judge Meskhishvili focused her teaching attention on 35 lawyers representing the Georgian Bar Association (GBA) and Legal Aid Service of Georgia (LAS). Similarly, on March 23, she provided training to 36 lawyers representing the GBA and LAS from Adjara. She shared them insights into court practices and proceedings, showing particular interest in recent developments regarding the termination of contractual relationships and distinguishing between civil contract clauses and labor contract clauses. The lawyers brought up the challenge of terminating employment contracts due to reorganization, where issues such as employee compensation and reinstatement become problematic.

They explained that ‘reinstatement to work’ is a prevalent issue in employment law. For instance, lawyers often encounter cases where citizens approach them after contract termination during reorganization only to find that the same position no longer exists in the company, leaving the client without a job and social guarantees. In such cases, successful court practice typically results in compensation after the termination of the labor contracts. The final segment of the training explored aspects of European labor law and practice.

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