The Right of Employees to Claim a Compensation for Unused Vacation in Cases of Labor Contract Termination

News | Rule of Law | Good Governance | Publications 1 February 2013
January, 2013
 

Author: Sophio Sachaleli LL.M.

Expert of IDFI in legal issues
PhD student, University of Trier, Germany

 

The Labor Code of Georgia, which has been a subject of much criticism since its adoption, faces important changes today. To achieve the set goal, specifically, to adopt a Labor Code which will be in line with the European standards and at the same time will balance the rights of employers and employees, experiences of previous years and overview of the court practices needs to be taken into account, so that we can determine which norms were the source of confusion in labor relationships.

The following article responds to the proposition of the author of the draft law to the civil sector requesting the presentation of their comments and recommendations and reviews employer’s obligation, which is not included in the current Code, though it is defined by the International Labor Organization (ILO) according to the N52 convention #52 “Regarding Yearly Paid Leave” (1939, in force with regards to Georgia since 1997). In particular, about the document deals with the practice of providing monetary compensation instead of an unused leave in case of termination of labor relationship by the employer.

The author maintains the idea that taking above mentioned issue into account while drafting the amendments would serve to clarify the issue. The necessity for such a clarification is discussed in details in the given article.

The Right of employees to claim a compensation for unused vacation in cases of labor contract termination

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