Primary source and decision
- Case number
- №ას-149-2022
- Decision date
- June 1, 2022
- Court publication
- საქართველოს უზენაესი სასამართლოს გადაწყვეტილებანი სამოქალაქო საქმეებზე, 2024, №10, p. 4
Independent educational commentary on a public judgment, not a Legal Actions client matter. Judicial reasoning is fact-specific. This article does not replace legal advice; verify current law and more recent cases before relying on it.
1. The central issue
The dispute concerned a nine-month employment arrangement, the stated term and work that continued after the expected end date. The court examined the agreement, the employer’s order, the actual performance of work and whether the legal basis for a short term had been proved.
2. A label is not the whole analysis
Calling an agreement fixed-term does not end the legal analysis. The statutory conditions for a shorter term and the parties’ actual conduct may matter. An employer should be able to explain the objective reason for the chosen arrangement where the law requires one.
3. Continued work after expiry
If the employee continues working with the employer’s knowledge, the consequences should be analysed under the applicable law and evidence. Record decisions about renewal, changes of role and notices clearly; do not assume that a calendar date alone resolves the relationship.
4. Why the expiry date is not the end of the analysis
A fixed-term clause must be examined alongside the legal justification for selecting that term and the parties’ conduct near its expiry. A nine-month label cannot answer whether the particular statutory requirements for limited-duration employment were satisfied. If work continued, the evidence should establish who authorised it, whether tasks and pay remained the same and when any notice was delivered. The legal consequences require analysis of the law applicable to the specific period. This is not simply a drafting issue: weak contract administration can turn an otherwise clear business plan into a dispute about the nature and termination of the relationship.
5. Documentary safeguards
A sound employment file should include a signed agreement or other legally sufficient formation record, evidence supporting the term, pay documents, notices and records of ongoing work. The actual judgment turned on its specific facts; it is not a universal formula for compensation.
6. What to do when the contract date passes
If an agreement states a final date but the employee continues receiving tasks and salary, the decision-maker must first reconstruct what the employer actually knew and authorised. A continuation might have been recorded in a new document, an email, the payroll system or simply actual performance. The legal consequences depend on the applicable statutory framework and the specific grounds originally used for the term. The safer business practice is to decide on renewal or expiry before the stated date, document any permitted changes and communicate the decision consistently. For employees, preserving task instructions after the expiry date can be more informative than relying only on the original cover page.
Questions to consider
May an employer use a short contract without explanation?
The answer depends on the current Labour Code rules and the precise duration and purpose of the engagement.
Can a contract change through conduct?
Yes. Continued performance and the employer’s knowledge can be relevant evidence.