Main provisions on labour migration under the Law of Georgia on Labour Migration
by Khatuna Alavidze
The main provisions governing labour migration in the nation of Georgia are determined by the Law of Georgia on Labour Migration and relevant acts adopted on its basis. This article discusses the legal status of a labour immigrant and the requirements necessary for carrying out employment activities in Georgia.
A labour immigrant is a foreigner who does not have a permanent residence permit in Georgia, whose goal is to find employment with a local employer in Georgia and perform paid labour activities, or who carries out labour relations with a local employer remotely, as well as a foreigner who does not have a permanent residence permit in Georgia and is self-employed.
The employment of a labour immigrant with a local employer and the performance of paid labour activities, as well as the performance of labour/entrepreneurial activities by a self-employed foreigner, are permitted provided all of the following conditions are met:
- An employment contract is concluded between the labour immigrant (except for a self-employed foreigner) and the local employer.
- The labour immigrant/self-employed foreigner has the right to work.
- The labour immigrant/self-employed foreigner holds a labour residence permit, a D1 category immigration visa and/or any other type of residence permit specified by Georgian legislation.
A person does not require a work residence permit, a D1 category immigration visa, and/or any other type of residence permit defined by Georgian legislation if they work completely remotely.
In the case of a labour immigrant entering into a labour arrangement with a local employer and performing paid labour activities, the individual is obliged to obtain the right to work through the local employer, and in the case of a self-employed foreigner – directly.
The right to work is granted for a specific period of time. The duration varies depending on the type of immigration activity, and usually ranges from 6 months to 1 year, with the possibility of extension up to 5 years. For foreigners employed/self-employed in the field of information technology (IT), the right may be granted for no more than 3 years.
In addition to the above, it is important to be aware that the right to labour activity is issued to a labour immigrant with the right to work with a specific local employer. In the case of a self-employed foreigner, the right is granted with an indication of a specific specialty and labour/entrepreneurship field.
In accordance with the latest amendments to the Law of Georgia on Labour Migration, the areas of activity for which quotas were established for labour immigrants were determined as follows:
- Courier services – 0;
- Passenger transportation – 0;
- Provision of guide services to tourists - 0; and
- Provision of mountain, alpine and ski guide services to tourists – 200.
In the event that the above requirements are violated, the violating party will be subject to an appropriate sanction in the form of a fine.
Khatuna Alavidze, Head of Legal Department of TMC LLC. She is dedicated to maintaining the highest standards of professional service, ensuring excellence in every legal matter for the company clients.
