Immediate enforcement of the decision made by the court of first instance in the labor dispute

Under the applicable legislation of Georgia, a first-instance court decision may be subject to enforcement before it enters into legal force in cases expressly provided by law or upon the credible confirmation of circumstances that would render the future enforcement of the decision impossible or cause significant harm to the creditor. In cases not explicitly provided by law, a decision should only be subject to immediate enforcement if the benefit protected by enforcement significantly outweighs the scope of the restriction of rights, provided that such restriction does not cause irreparable damage to a party and does not unjustifiably infringe upon their rights.

Due to the specific nature of labor relations, where the employee is in a subordinate (hierarchical) position relative to the employer, the applicable legislation is primarily focused on protecting the employee’s labor rights.

For this reason, in cases where an employee initiates legal proceedings against an employer and successfully prevails, the law allows for the immediate enforcement of a first-instance court decision.

According to Article 268 of the Civil Procedure Code of Georgia, upon the request of the parties, the court may declare a decision fully or partially subject to immediate enforcement in the following cases:
• The allocation of wages to the employee for a period not exceeding three months;
• The reinstatement of an unlawfully dismissed or transferred employee.

Thus, Article 268 of the Civil Procedure Code of Georgia defines the specific categories of decisions that may, upon the request of the parties, be declared fully or partially subject to immediate enforcement at the moment of issuance. The legislator has linked the possibility of immediate enforcement of decisions covered by the aforementioned provision to the nature of the dispute. When issuing such a decision, the court evaluates whether the case falls within the legally defined legal category.

Accordingly, decisions rendered on this basis do not require the establishment of additional facts for their immediate enforcement.

The possibility of immediate enforcement of decisions in labor disputes serves to ensure the prompt restoration of the violated rights of the party involved. In this context, the protection of the employee’s lawful rights—as the "weaker party" and the aggrieved party—is prioritized over the risks associated with immediate enforcement.

Accordingly, keep in mind that in the event of unlawful dismissal, if you file a lawsuit, the law allows you to restore your violated rights in the shortest possible time.