If you are not sure whether a candidate meets your requirements or will fit into the team.
You can conclude a contract with them for a probationary period.
Unfortunately, some employers have abused this mechanism, but as a result of amendments to the Code, we believe that a more or less balanced parity has been achieved between employer and employee.
Now, let us elaborate a bit more in detail.
Article 17 of the Labour Code of Georgia regulates one form of employment relationship, namely, the conclusion of an employment contract for a probationary period.
This article allows the employer to "determine the suitability of a person for the work to be performed,"
However, it should be emphasized that during the probationary period, the employee also has the opportunity to get acquainted with the environment,
the rights/duties and to decide whether the vacant position is acceptable for them.
The employer has the right to conclude an employment contract for a probationary period with an employee for up to six months, once, and for one position.
Although, unlike the main employment contract, termination of a contract concluded for a probationary period is much simpler,
it can be terminated at any time and is not subject to the conditions provided for in Article 48 of the Labour Code; it must be concluded only in writing.
The fact that the Labour Code does not oblige the parties to apply Article 48 when terminating a contract concluded for a probationary period,
does not prevent them from including such rights and obligations in the contract and following the procedures set out in the Labour Code.
Since 12 June 2013, an amendment to the Labour Code has imposed an obligation on the employer to remunerate the employee for work performed during the probationary period.
The Labour Code does not set restrictions or conditions regarding remuneration and gives the parties full freedom to determine the terms of payment, the amount of remuneration, and other matters themselves.
During the probationary period, regardless of whether the contract term has expired or not,
the parties may at any time terminate the existing probationary employment contract or conclude a main fixed-term or indefinite employment contract.
The Labour Code also obliges the employer, in case of termination of a probationary employment contract, to compensate the employee for the work performed in proportion to the time worked.
In conclusion, this method allows you to practically assess whether a candidate meets your requirements and expectations, and in case of compliance, to conclude a long-term contract with them.
Or, in case of non-compliance, to terminate cooperation with them simply, quickly, and painlessly.
This mechanism is also important for the employee, as they, in turn, observe the company
from the inside and assess whether a particular company meets their expectations and requirements.
However, the negative side of this method is that
a suitable candidate for you can also easily and quickly refuse to work in your company and move to another company.
You can find samples of employment contracts on this page.
Also, if you need a customized employment contract, visit this page and our lawyers will provide you with qualified services.
