Yes. On 29 June, 2012 an amendment was made to the Law of Georgia on Civil Service; according to the amendment announcing a competition has become mandatory when filling vacancies in the civil service, except in cases covered by Article 30 of this law.

According to the same amendment, Articles 29 and 32 of the Law on Civil Service shall also be applicable to LEPLs (with the exception of LEPLs established for religious, educational and cultural purposes) and they shall announce competitions according to the law.

Persons who can be appointed to a position without competition are:

• - Civil servants appointed or elected by the President of Georgia, the Parliament of Georgia, the Chairman of the Parliament of Georgia, and/or the Prime-Minister of Georgia;
• - Civil servants elected by the supreme representative bodies of the Autonomous Republics of Abkhazia and Adjara;
• - Deputy Ministers, assistants and advisers to the minister;
• - Temporarily acting civil servants in a position that shall be filled through competition;
• - Temporary substitutes;
• - Acting officials in a position that shall be filled through competition.

In order to fill a vacant civil servant position a pubic competition is announced by the corresponding agency through the webpage administered by the Civil Service Bureau – www.hr.gov.ge .

Applications for competitions can only be submitted electronically through the website www.hr.gov.ge. Applicants are given at least 10 days from the announcement of competition for submitting their applications.

The procedure for conducting the competition is determined by the Law of Georgia on Civil Service (Articles 29 - 364) and the Order of the President of Georgia N46 issued February 5, 2009.

The following job requirements are set for state employees:

• - Georgian citizenship;
• - Legal capacity;
• - Minimum age of 21;
• - Knowledge of the state language;
• - Relevant education and experience.

The following job requirements are set for local self-government employees:

• - Georgian citizenship;
• - Legal capacity;
• - Minimum age of 18;
• - Knowledge of the state language;
• - Completion of secondary education.

It is noteworthy that basic requirements are set only for officials. Special requirements are set for all civil servants, including state officials, subordinate employees, and those working on a contractual basis.

Additional job requirements are set on basis of the law. The right to define additional qualification requirements falls within the power of the head of the agency or of a senior executive.

The competition announced can be cancelled if no applications are submitted, as well as if the Competition-Attestation* (Certification/Evaluation) Commission fails to select the candidate for the opening.

Applicants shall be notified about the competition results no later than 5 days following the decision.

Yes. According to Article 24 of the Law of Georgia on Civil Service, a person in charge of recruiting a civil servant has the right to appoint the civil servant on a probation term not to exceed six months.

Under Article 2 of the Law of Georgia on the Conflict of Interests and Corruption in Civil Service, acting officials can be appointed to a vacant position that shall be filled through a competitive process for no longer than one year, and to other positions for no longer than three months. The same person may not be reappointed as an acting official to the same position. This amendment will be enforced from 1 July, 2013.

Under the legislation, a close relative (the list of close relatives is determined by the Law of Georgia on Conflict of Interests and Corruption, Article 4) of an official can be appointed to the position of a civil servant through competition, which is under the supervision of this official.

Certification (attestation) shall be defined as an evaluation of professional habits, qualifications, skills and private qualities of a civil servant against the requirements for a position that he/she occupies.

Attestation applies to:

• - A civil servant once in three years (the certification period);
• - A civil servant nominated for promotion;
• - A candidate for a civil servant position, if the position shall be filled through competition.

Attestation does not apply to:

• - A civil servant who is appointed or elected to the position by the President of Georgia, the Prime Minister of Georgia, the Parliament of Georgia, the Chairman of the Parliament of Georgia or a local self-government body;
• - A civil servant who is elected to the position by the supreme representative bodies of the Autonomous Republic of Abkhazia and Adjara;
• - A civil servant who enters the service for a specified term.

Free lance servant is civil servant and, consequently, is subject to the Law of Georgia on Civil Service, unless specific provisions of the law declare the contrary.

Based on Article 57 of the Law on Civil Service, a civil servant replacing an absent civil servant shall receive the remuneration of the absent servant in cases where it exceeds that of his/her own remuneration. If the remuneration of the absent civil servant is less than that of the replacing civil servant, the later shall retain his/her remuneration.

A civil servant on maternity leave shall receive:

• - No more than 600 GEL by the Social Support Agency;

• - Compensation during maternity leave paid by the relevant agency to the full amount of her remuneration, minus the amount provided by the Social Support Agency.

For example, if the total amount of remuneration to be received during maternity leave is 4000 GEL, the person will receive 600 GEL (social support) from the state and 3400 GEL from the relevant agency.

No. Reorganisation of the agency shall not form basis for dismissal of the civil servant, if the reorganisation of the agency is not followed by reduction of staff. Also, change to the subordination of the agency shall not constitute a basis for the dismissal of a civil servant.

According to the Georgian legislation, the retirement age for men is 65 and for women it is 60. The maximum age of a civil servant is 65 years old (Law of Georgia on Civil Service, Article 50). Consequently, women's retirement age is not basis for their dismissal, and they have the right to stay in the civil service another five years (until the age of 65).

In addition, the Georgian legislation stipulates that if a person has reached retirement age, but plans to continue working in civil service, that he/she cannot receive a pension until they have concluded work as a civil servant.

A civil servant can receive a gift provided that the overall value of the gifts received in one year does not exceed 15% of his/her annual salary and are not received from a single source. Additionally, a onetime gift may not exceed 5% of his/her annual salary. For example, if a civil servant’s annual income was 10 000 GEL, the total value of gifts received during the current year shall not exceed 1 500 GEL, and a onetime gift may not exceed 500 GEL.

The overall value of gifts received in one year by each member of a civil servant’s family may not exceed 1000 GEL and may not be received from a single source. In addition, onetime gifts may not exceed 500 GEL.

The following are not deemed to be gifts:

• - A grant, scholarship, award or prize conferred by the state or international organisations;
• - A “diplomatic gift” which is conferred to the civil servant during an official or work visit according to the rules of protocol, the value of which does not exceed 300 GEL;
• - A symbolic sign or souvenir conferred by the state or local self-government agencies or bodies of Georgia or another country to the civil servant or his/her family members for personal possession, the value of which does not exceed 300 GEL and which is received from a single source during an official event;
• - Property conferred to the civil servant or his/her family members free of charge or on preferential terms, exemption from property obligations entirely or in part, granting of service on preferential terms which is not an exception from a unified rule;
• - Property conferred by a close relative to the civil servant or his/her family members free of charge or on preferential terms, with exemption from property obligations entirely or in part;
• - Printed records conferred as a gift, except for those declared as of cultural value in the Law of Georgia on Cultural Heritage.

In accordance with the Law of Georgia on Civil Service, a civil servant shall not be a permanent head of an entrepreneurial organization or the member of its controlling, monitoring, or auditing body. In addition, a civil servant is not permitted to conduct any commercial activities. He/she is only entitled to hold stocks or shares.

A civil servant is not entitled to take another position or work and receive remuneration in another state or local self-government agency. A public servant cannot be a member of any representative or legislative body, unless the law declares differently. Despite this, a civil servant is allowed to take another post or work and receive remuneration within the same state agency. For instance, a civil servant, who works for the Ministry of Regional Development and Infrastructure of Georgia, is permitted to simultaneously work and receive remuneration in the Georgian Motor Road Department.

A civil servant is entitled to simultaneously work and receive remuneration in another place, unless the Constitution of Georgia and Legislative Acts set any restriction.

Officials designated in Article 2 of the Law of Georgia on the Conflict of Interests and Corruption are prohibited to work and receive remuneration simultaneously in another agency, except for scientific, academic or creative work. It is further proscribed that the above officials take a certain position in another treasury agency or a treasury enterprise, or work and receive remuneration or be on a position in the body or agency of another country (As mentioned above, similar restriction may be applied to certain positions and agencies based on the Georgian legislation).

A public servant is not allowed to work on any activity in an agency supervised by him/her until 3 years after the day of dismissal.

An official has no right to:

• - Implement any kind of paid work, except scientific, pedagogical or creative;
• - Hold any position in any other treasury establishment or treasury enterprise;
• - Implement any kind of paid work or to hold a position in an agency or institution of a foreign country.

An official, or a member of his/her family has no right to take any position, to perform work, or to own shares or stock in an enterprise, the control of which is implemented by an official or falls under his/her capacity. Otherwise, he/she has only a right to ownership of stocks and shares, the transfer of which must be made to a third party for charge.

Personal Work Record (Employment) Cards issued before the amendments made in the Law of Georgia on Public Service (which annulled the Personal Work Record (Employment) Cards) remain valid. However, no new Personal Work Record (Employment) Cards will be issued.