I. Introduction
Recently, the employment of foreigners in Georgia and issues related to labour migration have become increasingly active topics of discussion in the context of both economic development and structural changes in the labour market.
Official data clearly show that after 1 September 2023, the number of foreigners registered in the special electronic labour migration system increased sharply. Within one and a half years, more than 42,000 labour immigrants were registered, while during the previous eight years this number amounted to only 3,800. At the same time, border crossing data indicate that the number of foreigners who remained in the country during the same period was significantly higher.
Against this background, the amendments introduced to the Law ohttps://matsne.gov.ge/en/document/view/2806732?publication=6f Georgia on Labour Migration (hereinafter – the Law) have a significant impact on the legal regime governing the employment of foreigners.
The new amendments introduce a special work authorization system for the employment of foreigners, which aims to protect the priority of the local workforce and strengthen state control over labour migration processes.
Accordingly, employing a foreign national in Georgia is no longer limited to the formal registration procedure carried out by the employer. In addition, it is now necessary to obtain a special work authorization, determine relevant criteria, and comply with other legal requirements.
Furthermore, strict sanctions have been established for violations of the legal requirements.
It is important to note that these amendments do not fully restrict the possibility of employing foreigners, however they significantly increase the legal responsibility and administrative burden of the employer.
Therefore, it is important for businesses to understand what has changed in the law, what procedures are mandatory, who is affected by the new requirements, and what risks arise from ignoring the regulation.
II. The Regime Prior to the Amendments
According to the explanatory note of the law, one of the main weaknesses of the system that existed before the amendments was that the state did not have a real mechanism to refuse the employment of foreigners in Georgia.
It was sufficient to register the foreigner in the special electronic system, after which the foreign national automatically acquired the right to work.
At the same time, for persons entering Georgia under a visa-free regime there was no clear obligation to obtain a special right to perform labour activity or the corresponding residence status.
As a rule, individuals entered the country with tourist status and then started working with the assistance of a local employer, while state control was exercised only at the level of formal registration.
This model did not provide the state with the opportunity to conduct a prior assessment, nor did it create a legal basis for refusing employment.
The regime also did not provide for the so-called labour market test – a mechanism through which it would be assessed whether a suitable local candidate existed for the respective position. As a result, in practice the priority protection of domestic labour resources was not implemented.
Against this background, the state concluded that the existing model could not ensure the proper regulation of labour migration, did not allow the development of targeted policy, and did not create effective control mechanisms.
Through the amendments introduced, the legislation on labour migration established the principle of granting a special right to perform labour activity.
The new amendments transform the process into a more formalized, administratively controlled, and systematic framework.
III. The Right to Perform Labour Activity and the Employment of Foreigners
The central element of the amendments is the introduction of the institution of the right to perform labour activity.
This right is granted by the State Employment Support Agency, a legal entity of public law under the supervision of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia (hereinafter – the Agency), and constitutes a special administrative permit granting a foreigner the right to carry out labour or entrepreneurial activity in Georgia.
The legal content of this permit is substantial: it confirms that its holder meets the conditions and criteria established by Georgian legislation and therefore may lawfully participate in the economic life of Georgia.
The law clearly establishes that a foreigner who does not possess a permanent residence permit may carry out paid labour activity in Georgia only after obtaining the right to perform labour activity.
This rule applies not only to classical employment relationships with local employers, but also to remote labour relations, as well as to self-employment, including entrepreneurial activity, trade, services, partnerships, independent contracting, or any other form of economic engagement aimed at obtaining financial benefit.
Thus, the regulation covers a broad range of activities and is not limited solely to employment contracts.
It is important that the right to perform labour activity may only be obtained by a foreigner who is legally present in Georgia. In addition, the right cannot be granted to a person who at the time of application is staying in Georgia under a postponed obligation to leave the country.
The right to perform labour activity is not general or unlimited. For labour immigrants, it is issued for work with a specific local employer and in a specific position. For self-employed foreigners, the permit is issued with an indication of a specific profession or field of activity.
Accordingly, it is an individualized and purpose-specific right that is linked to a defined activity. Its transfer to another person is prohibited, which excludes the possibility of commercialization of the permit.
In addition, the law establishes a dynamic obligation: if the position of the labour immigrant or the field of activity of the self-employed foreigner changes, it becomes necessary to obtain a new or updated right to perform labour activity.
From a systemic perspective, the right to perform labour activity represents a legal instrument through which the state implements selective and controlled management of labour migration.
It simultaneously performs three functions: confirming lawful status, limiting the scope of activity, and creating a basis for liability in case of violation.
IV. Labour Immigrant vs Self-Employed Foreigner
With regard to the subjects required to obtain the right to perform labour activity, the law clearly distinguishes two different categories of persons.
In one case, we are dealing with a labour immigrant – a foreigner who enters into an employment relationship with a specific local employer. In this case there is an employer, a specific position, and an employment contract.
For example, a typical model of a labour immigrant arises when a foreign engineer is employed by a Georgian construction company, a foreign programmer works in an IT company, or a foreign manager holds a leadership position in a local business.
In the second case, we are dealing with a self-employed foreigner who is not in an employment relationship but independently carries out economic activity and receives financial benefit.
Examples include:
- a foreign taxi driver transporting passengers independently
- a foreign courier providing delivery services
- a tourist guide
- an individual entrepreneur engaged in trade or services.
Thus, the right to perform labour activity has two different addressees:
- a foreign employee working for a specific company;
- an independently operating foreigner engaged in economic activity.
In both cases the same principle applies: a foreigner without permanent residence may carry out paid activity in Georgia only after obtaining the right to perform labour activity.
V. Exceptions – Categories Not Subject to the Law
The system of special work authorization established by the law is not absolute.
The law defines specific categories of persons to whom this regulation does not apply, including:
- persons granted refugee status, subsidiary protection, or temporary protection
- asylum seekers registered in Georgia
- persons employed in diplomatic missions, consular offices, or international organizations
- journalists of foreign media accredited in Georgia
- persons whose employment conditions are governed by international treaties
- holders of investment residence permits.
From a systemic perspective, these exceptions are based on two main principles:
- the person is under special humanitarian or international legal protection;
- the person already possesses a legal status that independently ensures the right to carry out economic activity in Georgia.
VI. Employer Obligations
Under the new regulation, employers are subject to clear and mandatory procedural obligations.
The employer must:
- conduct a labour market test
- publish the vacancy in the labour market management information system for at least 10 working days
- submit the necessary documentation through the electronic system
- provide information about the employer and the foreign employee
- submit the employment contract and the application with a qualified electronic signature
- pay the administrative service fee.
The employer must also:
- apply for extension of the work authorization at least 30 days before its expiration
- notify the agency within 5 days if the employment relationship ends prematurely
- ensure that the foreign worker obtains the appropriate D1 immigration visa or labour residence permit.
VII. Sanctions for Violations
The new labour migration regime is reinforced by significant financial sanctions.
Employing a foreigner without the required work authorization results in a fine of 2,000 GEL for each labour immigrant.
If several foreigners are employed without authorization, the fine is calculated separately for each individual.
For example, employing five foreign nationals without authorization would result in a 10,000 GEL fine.
Repeated violations lead to double and subsequently triple fines.
Additional sanctions may apply for:
- obstructing labour inspection activities
- failing to present identification documents
- violating employment contract conditions
- failing to notify authorities of contract termination or modification.
These sanctions demonstrate that the employment of foreigners in Georgia is no longer regulated solely within the framework of labour law but has moved beyond the sphere of private law and into the field of administrative compliance.
VIII. Transitional Period
The legislative amendments provide a transitional period for foreigners already employed in Georgia.
Foreign nationals who were registered in the ministry’s electronic system as of 1 March 2026 must obtain both the special work authorization and the appropriate residence permit no later than 1 January 2027.
This effectively grants approximately ten months for the formalization of the legal status of foreign employees and their integration into the unified authorization system.
From the employer’s perspective, companies should plan the necessary steps in advance and should not wait for the final deadline.
After 1 January 2027, employment without the required authorization may be considered unlawful and may lead to the financial sanctions provided by law.
Taking into account the above legislative amendments, employing a foreign national in Georgia can no longer be regarded as merely an administrative formality. Compliance with procedural deadlines, timely acquisition of permits, and continuous monitoring of regulatory compliance require a systematic legal approach.
In practice, this is precisely the stage where risks arise, which may manifest themselves both in financial sanctions and in disruptions to business activities.
Accordingly, professional legal support in the field of labour law is important both at the stage of prevention and in the management of potential disputes.
