How to Register Labor Immigrants in the Database of Georgia’s Ministry of Health?
Starting from September 1st, 2023, Georgian employers must register new and existing foreign employees in the database of the Ministry of Health.
Marina Piduashvili, lawyer, partner of JUST Advisors
August 23rd, 2023
The Government of Georgia has approved Resolution No. 291 "On the Procedure for Registering Labor Immigrants Employed by Local Employers in the Unified Database of the Ministry of Health." The resolution comes into force on September 1st, 2023, and is mandatory for compliance. We explain how employers in Georgia can comply with the law and provide a ready-made registration form that needs to be submitted to the Ministry of Health along with the employee’s contract.
Resolution № 291 applies to all employers in Georgia, regardless of their legal form, including commercial entities (LLCs, JSCs), non-commercial organizations (NGOs), individual entrepreneurs (including individual entrepreneurs with small business status), and branches of foreign companies. Note that the registration of a foreign immigrant starting from September 1st, 2023, is an additional condition for applying for a labor residence permit.
What Georgian employers need to do:
Starting from September 1st, 2023, if an organization hires a foreigner, within 30 calendar days from the date of signing the employment contract, they need to:
- 1Register as an employer in the unified database of the Ministry of Health via this link.
- 2Register the foreign employee in the same database by filling out the form approved by the resolution. For your convenience, JUST Advisors' lawyers have translated the form into Russian, and it is freely available on Google Drive.
- 3Attach the employment contract with the employee in Georgian to the form. We have detailed the intricacies of drafting contracts in Georgia here.
In the future, the Ministry of Health will need to be notified within 30 calendar days:
If a Georgian company already has foreign citizens on its staff hired before the enactment of the resolution, they must be registered following the same procedure no later than November 1, 2023. The entire registration process takes place online in the Georgian language. No fees are required.
- Regarding the extension of the employment contract with a foreign employee.
- In the case of early termination of the contract.
If a Georgian company already has foreign citizens on its staff hired before the enactment of the resolution, they must be registered following the same procedure no later than November 1, 2023. The entire registration process takes place online in the Georgian language. No fees are required.
Access to immigrant labor information:
The processing and storage of data within Georgia are regulated by the "Personal Data Protection Law," which we covered in a separate article. The Ministry of Health will act in accordance with this law and maintain up-to-date statistics based on reports received from employers.
Access to information about immigrant workers will be granted to:
Access to information about immigrant workers will be granted to:
- National Agency for Public Registry — operates within the Ministry of Justice and contributes to the development of public services.
- Labor Inspection — oversees compliance with labor legislation concerning immigrants.
- National Statistics Office of Georgia (Geostat).
Legal responsibilities as per the law:
To recall, from 2015 until the adoption of the new amendments, employers were required to report the hiring of foreigners to the Employment Agency of the Ministry of Labor of Georgia. Even if companies adhered to this practice, they must still register old and new non-resident workers in the Ministry of Health’s database under the new rules. A significant change is that previously there were no penalties for non-compliance, whereas now, failure to register immigrant workers with the Ministry of Health carries fines:
The Ministry of Health and the Labor Inspection are responsible for monitoring compliance with labor immigration legislation. Upon discovering any concealment of information regarding the employment of immigrants, the Ministry notifies the Inspection, which then ensures law enforcement measures, including employer verification and holding them accountable.
- 1000 lari for the initial violation.
- 2000 lari for repeated violations.
- 6000 lari for the same violations committed a third time.
The Ministry of Health and the Labor Inspection are responsible for monitoring compliance with labor immigration legislation. Upon discovering any concealment of information regarding the employment of immigrants, the Ministry notifies the Inspection, which then ensures law enforcement measures, including employer verification and holding them accountable.
Georgian legislation is undergoing active changes. To shield your company from unforeseen fines, seek comprehensive legal support for your business from JUST Advisors. We also provide services in labor law, personnel management, accounting, administrative regulation, and other areas. Contact us!
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MARIA GUSEINOVA
Leading Manager of Commercial Department
Leading Manager of Commercial Department