Bylaws - Batumi Boulevard 1881

Charter of the legal entity of public law - Batumi Boulevard

Batumi

2023

Article 1. General regulations

The Charter (Regulation) (hereinafter referred to as the Charter) on Batumi Boulevard (hereinafter referred to as the Boulevard) has been developed in accordance with the Constitution of Georgia, the Organic Law of Georgia, the Labor Code of Georgia, the Civil Code of Georgia, the General Administrative Code of Georgia, the Law of Georgia on Public Service, in accordance with the requirements of the Regulation of Batumi Boulevard LEPL and other legislative acts;

Subordinate acts determine issues related to labor relations between the Boulevard and persons working in the Boulevard (hereinafter referred to as the employee);
Compliance with the Charter is mandatory for all employees of the Boulevard;
The Charter is an integral part of the order on hiring and / or the employment contract of the employee and is mandatory;
When performing work, the employee is also obliged to comply with this charter and all other legal acts related to his work and duties, without special instructions.

Article 2. Objectives of the charter

The objectives of the charter are:

Conducting labor relations in accordance with the generally recognized principles specified in Article 3;
Regulation of labor and related relations between Boulevard and its employees;
Support for the full implementation of the functions of the employees;
Ensuring protection of labor discipline;
Establishing a conscientious attitude to the work of employees;
Rational use of working time;
Improving the efficiency of performance of official duties;
Facilitating the identification of the level of qualifications and professional qualities of employees;
creation of safe and healthy conditions in the activities of employees;

Social, economic and legal protection of employees.

Article 3. Principles of labor relations

Labor relations are based on the principles of employer and employee equality, mutual respect, honesty and collegiality;
Any type of discrimination is prohibited in the employment relationship between Boulevard and its employees;
Discrimination (including sexual harassment) is considered to be direct or indirect harassment of a person, which is aimed at or leads to the infringement of a person's dignity and the creation of an intimidating, hostile, humiliating, degrading or offensive environment for him and/or the creation of conditions for a person that directly or indirectly worsen his position compared to another person in similar conditions;
Sexual harassment is considered to be unwanted sexual behavior towards a person, which is aimed at and/or harms his dignity and creates an intimidating, hostile, humiliating, degrading or offensive environment for him.

Article 4. Basic obligations of employees

Boulevard employee is obliged to:

To follow the Constitution of Georgia, the legislation of Georgia, the regulations of the Batumi Boulevard LEPL and other legal acts, including the orders issued by the director of Batumi Boulevard;
to fulfill official duties in a timely and conscientious manner within the scope of the authority established by the law;
within the scope of competence, perform the task (order, instruction) of the head of the structural unit, except for such tasks that contradict the legislation of Georgia;
Without special instructions, to strictly observe the conditions established by the legal acts related to his official activity;
to follow the system of official sistem - subordination, in accordance with the current structure of the boulevard;
to follow ethical and moral norms in relations with the leader and citizens;
to comply with the requirements, rules of conduct, labor discipline, ethics and standards established by the Law of Georgia "On Labor Safety", sanitary and hygienic rules defined by these labor rules;
perform the work assigned in accordance with his specialty and qualifications;
to observe labor discipline, to use working time rationally;
follow the rules and procedures related to the performance of official duties;
is responsible for the protection of material values and property entrusted, to take care of its maintenance;
not to show up and/or not be at the workplace in a state of alcohol intoxication or under the influence of narcotic or toxic substances;
Not to disseminate and protect information belonging to state, commercial and private secrets, as well as other confidential information, which became known to him in connection with the performance of his official duties, both during his employment relationship and after his dismissal.

Article 5. Powers of employees

The employee has the right to::

to request the creation of appropriate conditions for the smooth performance of the duties assigned to him;
to receive information necessary for the performance of assigned duties from the immediate superior and/or other structural units;
to present suggestions and comments in order to effectively manage the work of the structural unit;
to receive labor wages according to the established procedure;
be provided with appropriate material and technical equipment for the effective management of his/her official activities;
use benefits intended for employees;
to take advantage of breaks, rest, days off and vacations according to the established rules;
The employee has the right to pursue pedagogical and scientific activities that will not interfere with the work process in the institution.

Article 6. Employee's personal file

While making a decision on employment, the employee is obliged to present the following documentation for the purpose of compiling a personal file:

a) an application addressed to the director of the boulevard;

b) identity card and/or passport;

c) personal information (autobiography CV);

d) documentation confirming education and other academic achievements;

e) a certificate of the general health of the person, certificates of criminal record and drug addiction from the relevant authority;

f) work book (as required);

The employer includes the following documents in the employee's personal file:

a) legal act-order issued by the employer on hiring;

b) an employment contract;

c) labor rules and (or) a document on familiarization;

d) All legal acts issued by the employer, including disciplinary measures taken against the employee, change of activity, etc.

Article 7. Getting to know the job description for Boulevard employees

The senior specialist of the first category of the administrative service - on personnel management issues informs Boulevard employees about the relevant job descriptions (terms of the contract, job descriptions, labor rules, etc.);

Article 8. The rule of thumb the order issued on official matters to employees

The director of Boulevard has the right to issue an order on official matters;
An individual order is issued by the director of Batumi Boulevard (within the scope of his authority) directly to one employee or to a defined group of employees. An individual order is issued in written or oral form. The order issued in written form will be sent to the electronic document management system and/or submitted personally to the employee/group of employees.

Article 9. Start and end of working hours, break time

The duration of working hours on the Boulevard is determined by 5 (five) working days per week, the duration of daily time is determined by 8 (eight) hours. Days of rest are 2 (two) days per week - Saturday and Sunday, as well as holidays provided for by the Labor Code of Georgia. In order of smoothly performing the employer's official functions (tasks), the employee may be assigned to work on days off, including weekends and holidays, according to the individual schedule, in compliance with the conditions stipulated by the Labor Code of Georgia (on the condition of overtime pay or additional rest time);
09:00 - start time of work and 18:00 - end time, taking into account a 1-hour break. For employees with children under 12 (twelve) years of school and/or kindergarten age, the working time schedule is established based on the legal act issued by the director of Boulevard;
During the working hours, a break time is provided for the employees, which starts from 13:00 and lasts until 14:00;
According to the relevant legal act of the director of Batumi Boulevard, different starting and ending times of the working day can be determined for individual (and/or all employees) employed in the boulevard;
An employee's lateness to work for more than 15 (fifteen) minutes, without agreement with the director of Batumi Boulevard and/or the head of the relevant structural unit (3 times or more days per month) can be the basis for starting disciplinary proceedings against him. An employee's lateness to work for up to 15 (fifteen) minutes will not be considered a disciplinary violation;
An employee who is a nursing woman and feeds a child under the age of one year, is given an additional break of at least 1 (one) hour per day based on her request. Child feeding breaks are considered working time and are paid.

Article 10. Registration of entry/exit to the administrative building of the Boulevard

The employee is obliged to arrive/report at work on time and stay till the end of working hours. The employee is obliged to record the fact of arrival at work and departure from work on special technical means by means of an electronic registration card. In case of a technical failure of the electronic program, the employee's arrival at work - exit is formalized by a signature (a special journal), which is approved by an administrative and legal act of the director of the Boulevard.
Reporting to work of freelance employees of Batumi Boulevard - workers and drivers - exit is formalized by a signature (a special journal), which is approved by an administrative and legal act of the director of the Boulevard;
Compliance with the rules established by paragraph one of this article is mandatory even in the case of going to work on weekends and holidays;
The employee is obliged to write the time and reason for leaving work during working hours in the form of a message to the specially designated official e-mail hr@boulevard.ge, which must be agreed with the immediate superior. It is necessary to send a message to the specially designated service email hr@boulevard.ge in the following cases: a) if the employee is late for work; b) if the employee leaves the workplace before the end of working hours;
An employee who is unable to report to work or leave work due to damage/loss of the electronic registration card/or any other reason, is obliged to notify his immediate superior on the same working day via official e-mail;
It is not allowed to use someone else's electronic registration card or, if available, another access pass for reporting/departing to work, the mentioned fact may become the basis for starting disciplinary proceedings against both persons;
Attendance of employees is monitored by the senior specialist of the first category - in human resources management issues and the deputy curator of the director.

Article 11. Conditions and rules for staying in the boulevard on days off and holidays, as well as after the end of daily working hours

Work for employees on holidays, rest days, as well as after working hours is voluntary;
Due to work necessity, on days off and holidays, as well as after the end of working hours, the presence of employees at work is done by a written or oral order of the head of the relevant structural unit;
The director of Boulevard makes the decision regarding the remuneration of labor on the mentioned days, following the conditions stipulated by the Labor Code of Georgia.

Article 12. Non-appearance ( Absence) at work and notification of non-appearance

Being late to work, not showing up and/or missing work hours can be considered considered valid or invalid, according to the rules established by the present bylaws;
Non-appearance (Absence), lateness, missing work hours without the notice of the immediate supervisor due to an unjustified reason of the employee will be considered invalid and disciplinary measures may be applied against him;
In case of not reporting to work, the employee is obliged to inform the head of the structural unit and the head of the first category - specialist in human resource management issues, via e-mail - hr@boulevard.ge and/or mobile phone, about the estimated period of absence from work, indicating the appropriate reason, which is also indicated in the table. The head of the structural unit and the director of the boulevard agree or disagree with the submitted statement;
If the reason for non-appearance at work is eunjustified and has a repeated character, and/or there is systematic delay on the part of the employee, then disciplinary measures will be applied to him.

Article 13. Performance of duties of an employee who is absent from work

When the employee's temporary absence from work will cause a delay in the normal functioning of the institution, the director of Boulevard can assign the duties of the absent employee to another employee without releasing him from his official duties;
If the performance of the duties of an absent employee requires more than 1 (one) month during a calendar year, the consent of the employee who must perform the duties of the absent employee is required;
A person who performs the functions of a person who is temporarily absent from his position and is released from the performance of his official duty (performance of other functions), is given the official salary of the absent person, if it exceeds his official salary. If the official salary of the temporarily absent person is less than the official salary of the person replacing him, the replacement person shall retain his official salary. A person who performs the functions of a person who is temporarily absent from his position without being released from his official duties (performance of additional functions) is given the official salary of the absent person, if it exceeds his official salary or in addition to his official salary, he is given a salary supplement “On Remuneration of Labor in a Public Institution” of Georgia within the maximum amount established by law;

Article 14. Rules for using paid leave, additional paid leave, transfer of paid leave and their use

A Boulevard employee can use the annual paid leave at any time of the year, taking into account the requirements of paragraph 2 of this article. The director of Boulevard is authorized to determine the sequence of paid leave for the employee during the year (vacation schedule);
The employee has the right to take advantage of paid leave in the amount of 24 (twenty-four) working days per year. Also, in exceptional cases, with additional paid leave due to the employee getting married, having a child and death of a family member;
The employee is entitled to use the paid vacation part by part. The employee has the right to request leave after 11 (eleven) months of work, the director of Boulevard has the right to grant leave even before the expiration of the said term. And from the second year of work, a Boulevard employee may be granted a paid vacation at any time of the year in agreement with the Boulevard director;
Boulevard provides employees with the opportunity to take paid leave for family reasons if necessary. Family reasons are:

a) wedding leave - 5 (five) working days;

b) birth of a child for a man, three working days

c) Death of a family member - 5 (five) working days (considered a family member; spouse, parent, ascendant and descendent relatives, sister/brother, sister's/brother's spouse, niece, nephew) if this time is not considered sufficient, will be used leave without compensation

In case of working more than 40 (forty) hours during the week, the employee may be given additional rest time and/or salary supplement in exchange for overtime work by the decision of the director of Boulevard, in compliance with the conditions stipulated by the Labor Code of Georgia;
Regarding the request for the right to vacation, the employee applies to the director of Boulevard, which is agreed with the head of the relevant structural unit. The head of the structural unit has the right to refuse to give consent, if it is not appropriate for the employee to take leave during the mentioned period due to the work needs;
In Batumi Boulevard, the employee does not have the right to request the annual paid leave to be carried over to the next year, if the granting of paid leave to the employee in the current year may negatively affect the normal course of work, the leave may be carried over to the next year with the employee's consent;
It is prohibited to carry over paid leave for 2 (two) consecutive years.
In special cases, the director of the boulevard can request, with the consent of the employed person (except for a person on leave due to pregnancy, childbirth, child care and adoption of a newborn), the termination of paid leave, in such a case, the employed person has the right to use the remaining days of leave during the year in agreement with the director of Batumi boulevard during or to be transferred to the next year; The application for requesting the right to leave must be submitted to the director of Boulevard no later than 1 (one) working day before the start of the leave period.
The actual work of the employee, as well as the time of forced absence caused by the fault of the Boulevard administration, are considered in the calculation period for the origin of the right to request leave;
The period for calculating the emergence of the right to demand leave shall not be considered the time of absence of a Boulevard employee from work for a valid reason or being on leave without pay for more than 7 (seven) working days;
The order on leave of Boulevard employees is signed by the Boulevard Director.

Article 15. The rule of using leave without pay

The employee has the right to take leave without pay in the amount of at least 15 (fifteen) calendar days per year and not more than 10 (ten) months;
When using leave without pay, the employee is obliged to write an application 2 (two) weeks in advance, except in cases where it is impossible to meet the mentioned deadline due to medical or family conditions.

Article 16. Leave due to pregnancy, childbirth and parental leave

In Batumi Boulevard, an employee is given paid leave due to pregnancy and childbirth - in the amount of 126 calendar days, and in case of complications of childbirth or the birth of twins - in the amount of 143 calendar days;
The leave provided for in the first paragraph of this article can be allocated to the period of pregnancy and postpartum by the Boulevard employee at own discretion;
An employee of Batumi Boulevard is given 604 calendar days of parental leave based on request, and 587 calendar days in case of childbirth complications or the birth of twins. 57 calendar days are paid from this leave;
Parental leave provided for in paragraph 3 of this article can be used in whole or in part by the child's mother or father. The use of leave due to pregnancy and childbirth provided for in the first paragraph of this article is the exclusive right of the child's mother, although the child's father has the right to use the days of said leave that the child's mother did not u· When taking parental leave, the employee of Batumi Boulevard is obliged to notify the employer 2 (two) weeks in advance about taking the said leave 10 days earlier. An employee of Batumi Boulevard uses the paid part of the leave due to pregnancy and childbirth and the parental leave, respectively, for 183 (one hundred and eighty-three) or 200 (two hundred) calendar days;
The procedure for payment of leave due to pregnancy, childbirth and parental leave is determined by the current legislation and the present labor regulations of Batumi Boulevard;
The Batumi Boulevard employee during the period of leave due to pregnancy, childbirth and parental leave, together with the assistance given by the state, is given compensation by the administration of Batumi Boulevard, during the period of paid leave, to fill up to the full amount of the acceptable labor salary.se;

Article 17. Leave due to the adoption of a newborn

An employee of Batumi Boulevard, who adopted a child under one year of age, based on his request, is given a leave for the adoption of a newborn - in the amount of 550 (fifty five) calendar days after the birth of the child. 90 (ninety) calendar days are paid from this leave;
The procedure for paying leave due to the adoption of a newborn is determined by the current legislation;

Article 18. Business trip and payment method

The director of Boulevard has the right to send employees of Boulevard according to the established procedure. The basis for going on a business trip is a report card written in the name of the director of Boulevard, where the identity of the persons to be visited, the purpose of the business trip, the place and duration of the business trip, the means of transportation required for movement (car make, series and number) are recorded. The report card prepared by the employee on the request for a business trip must be confirmed by the immediate supervisor of this employee;
A signed order on business trips is sent to structural divisions of the boulevard;
The signed order on business trips is sent to the structural divisions of the Boulevard;
In case of cancellation, postponement, extension or any kind of change of business trips, the Boulevard employee compiles a report card, based on the confirmation of the immediate supervisor, a corresponding order is issued to cancel the business trip or make a corresponding notification. change of order;
In case of a business trip abroad, the Boulevard administration provides the employee with visa-related information and makes a reservation/purchase of tickets;
After returning from a business trip, the employee is obliged to submit to the Finance and State Procurement Service all financial documents confirming the business trip provided by the law;
The per diem expenses of the employee, both in Georgia and abroad, are calculated in accordance with the legislation in force in Georgia, according to the days actually spent on the business trip, including holidays and weekends, as well as the days of departure and return from the business trip, travel and apartment rental expenses are calculated in the trip expenses;
The travel allowance can be given to the employed person in the form of an advance;
If necessary, within 15 (fifteen) working days after returning from a business trip, the employee of Boulevard presents a report of the business trip, where the results of the business trip will be written in detail;
The order on business trips of Boulevard employees is signed by the director of Boulevard.

Article 19. Employee remuneration

Labor remuneration (salary) is paid to the employee once a month by non-cash payment, in GEL, by depositing money into a personal bank account. in the last numbers of the reporting month and/or no later than 5 (five) working days after the end of the month;
Remuneration (salary) represents official remuneration, as well as wage supplement and monetary reward in the case provided for by the Law of Georgia "On Remuneration of Labor in Public Institutions";
Salary for each position/position is approved by the staff list or determined by the relevant labor contract;
A person appointed to a position provided for in the staff list, a person employed under an employment contract, for performing overtime work and/or additional functions, during night hours, on restperiod/holidays and for activities in working conditions that pose a risk to health, are given a salary supplement in accordance with the rules established by the legislation of Georgia;
Overtime work is the performance of work in a period of time, the duration of which exceeds 40 hours per week, it does not apply to persons working in a specific work mode. Working from 22:00 to 06:00 shall be considered as night work. Work on rest days and holidays is considered to be work on rest days/holidays established by the Labor Code of Georgia, as well as in other cases stipulated by the legislation;
The employee must receive an order from the supervisor in writing to perform overtime work. An order issued by e-mail and/or mobile phone is equivalent to a written order. In addition, the task given by the supervisor is confirmed/recognized by the supervisor signing the "Overtime Work Table". The completed form will be submitted to the curator's deputy director and/or director, with appropriate justification, through the electronic document circulation program. Salary allowance for overtime work, night hours, rest/holidays is granted only with the approval of the director of Boulevard, on the basis of the relevant individual administrative-legal act;
To perform overtime work, the employee must receive a written order from the head person. An order sent by e-mail and/or mobile phone is considered a written order. In addition, the task given by the head person is confirmed/recognized by the head person signing the "Overtime Work Table". The completed form is submitted to the deputy director and/or the curator director with the corresponding justification via the electronic document management program. A wage supplement for overtime work, night work, rest/holidays work is made only with the consent of the Boulevard director on the basis of the relevant individual administrative and legal act;
For work at night, on weekends/holidays and for other overtime hours, the employee is paid a wage supplement in the amount of 25% of the official salary (hourly salary) for each hour actually worked within the limits established by law;
For the performance of additional functions (performance of the functions of a person temporarily absent by the employee without release from the performance of his official duties), the salary supplement is issued based on the individual administrative-legal act of the director of Batumi Boulevard, taking into account the threshold amount stipulated by the legislation;
In accordance with the results of the evaluation, as well as for the meticulous and exemplary performance of the functions assigned to him by the person employed under the employment contract, for long and conscientious service and/or for the performance of a task of special difficulty or importance, for the success obtained in work, a monetary award may be given to the employee in a "public institution" for the purpose of encouragement. on labor remuneration" in the amount prescribed by the law of Georgia and Within the funds provided by the Boulevard budget.

Article 20. Deduction from labor remuneration

The director of Boulevard has the right to deduct from the salary of Boulevard's employees or any other amount due to him the amount overpaid to him or any other amount that, depending on the employment relationship, paid/payable to him;
The income tax payable by the Boulevard employee is deducted from the salary in the amount established by the Tax Code of Georgia, as well as other types of taxes stipulated by the legislation of Georgia;
The total amount of one-time deduction from the labor remuneration should not exceed 50 (fifty) percent of the labor remuneration.

Article 21. Compensation due to temporary incapacity for work (use of sick leave)

An employee of Batumi Boulevard, who cannot report to work due to health condition, is obliged to attend the medical (ambulatory) registration and immediately inform the immediate supervisor (head of the structural unit) about the fact;
In the event that an employee of Batumi Boulevard uses the hospital sheet, including the head of the structural unit/deputy director, the report card must be written in the name of the director of the boulevard, where, depending on the need, the person who will perform the duty of the employee on the hospital sheet is determined;
After closing the hospital sheet, when reporting to work, the employee presents a statement written on the name of the director of Boulevard and the hospital sheet;
The director of Boulevard makes a decision on compensation for missed hours due to health conditions;
The employee of the Boulevard will be compensated for the bulletin in full, taking into account the legislation in force in Georgia, in proportion to the calculation of the official salary;

Article 22. Limitations

The employee is prohibited:

Disclosure of confidential information obtained as a result of Boulevard's activities. This prohibition applies both to the period of work and the period after dismissal;
Reporting to work in a state of inebriation, or consuming alcoholic beverages during the working day;
Smoking tobacco in the administrative building of Boulevard. In the administrative building, special markings and information regarding the prohibition of tobacco smoking should be placed in a visible place;
Administrative liability for violation of tobacco smoking rules, its amount, consideration of the offense and other issues related to it are determined in accordance with the Law of Georgia "Code of Administrative Offenses of Georgia".

Article 23. Relations with mass media/media

The Boulevard's relations with the mass media are coordinated by the public relations service, which provides journalists with information on the current processes on the Boulevard. Organizes presentations, press conferences and briefings of current projects. Prepares press releases, newsletters and other printed materials. It helps journalists to obtain information, to determine its accuracy and reliability. Boulevard's PR activities are generally planned in advance. However, it is not excluded that the journalists personally contact the employees of the Boulevard, in order for any statement or comment made on behalf of the Boulevard to be accurate, verified and expressive of the unified position of the Boulevard, the issue must be agreed with the director of the Boulevard, the deputy curator or, in their absence, with the public relations department. Therefore, any employee of Boulevard should refrain from direct communication with the media on behalf of Boulevard. Consent is required even if the journalist requests only to take a photo or video of the Boulevard office.

Article 24. Material responsibility of employees

An employee of the Boulevard is obliged to protect and take care of Boulevard property (furniture, inventory, stationery, equipment, etc.);
All items owned/owned by Boulevard are subject to accounting and allocation of relevant responsible persons;
Employees are responsible for damage of inventory and equipment, caused by a culpable act,the, for which they are obliged to compensate the damage caused to the boulevard;
The head of the boulevard structural unit is obliged to:

a) exercise control over the proper use and protection of the property under his control;

b) to immediately notify the head of the administrative service about any damage, destruction, loss of the property under his authority and, if there is such, to submit an explanatory card;

c) not transfer the property in his possession to another employee without the consent of the head of the relevant structural unit;

d) Removal of property from the boulevard building (including the warehouse, territory) is allowed only with the approval of the head of the administrative service, except for urgent needs. A written act is drawn up regarding the mentioned.

Article 25. Protection of confidential information

The employee is obliged, both during the employment relationship and after the termination of the employment relationship, not to disseminate or use for personal purposes confidential information that became known to him in connection with the performance of official duties;
The following are considered confidential information: commercial secrets, personal data, information related to personal life, as well as other information that became known to the employee during the performance of official duties.

Article 26. Appearance and dress code

The employee is obliged to take care of creating and maintaining a suitable business atmosphere;
Boulevard employee is required to dress in business, classic style.
The Boulevard employee is obliged to use the work uniform (clothing) purchased for him by the Boulevard administration during the performance of his duties, the violation of this norm may become the basis for starting disciplinary proceedings;

Article 27. Promotion of professional development of the employee

Boulevard promotes training programs and professional development of employees to improve the efficiency and productivity of employees.
Senior specialist of the first category of the Boulevard administrative service - in human resources management issues, ensures the identification of training needs, as a result of which a training plan is drawn up;
The feasibility of financing professional development is decided by the director of Boulevard based on the written recommendation of the employee's immediate supervisor;
The director of the boulevard makes the decision on financing taking into account the current year's budget;
Boulevard may cover the cost in full, partially or with co-financing;
The employee may be refused funding;
Except for the cases stipulated in this article, the employee has the right to raise his qualifications at his own expense.

Article 28. Basics of encouraging employees

Encouragement of employees can be used for exemplary performance of official duties, for success in work, for completing tasks of particular complexity or importance, for long and conscientious service;
The forms of encouragement are:

a) declaration of thanks and/or awarding with a special certificate;

b) giving a monetary reward;

c) giving a paid gift;

d) Early removal of the measure of disciplinary responsibility.

Several forms of incentives can be used simultaneously.
Incentives are given by the direct boss or a higher supervisor;
The submission must be accompanied by appropriate justification, on the basis of which one or more forms of incentives can be determined, if necessary, information on the results of the employee's evaluation can be requested;
The submission on incentives will be sent to the administrative service, which prepares the materials within 2 (two) weeks;
The director of the boulevard has the right to encourage;
The order of the director of the boulevard regarding incentives will be entered in the employee's personal file.

Article 29. Bases for applying disciplinary responsibility

The bases of disciplinary responsibility are:

Violation of the requirements of the special regulatory legislation of the employee's activity, the individual labor contract or other legal acts, as well as the internal regulations;

Specific / culpable failure of official duties, improper performance or negligent attitude towards them;

regular absence from work or avoiding work;

causing property damage to Boulevard or culpably creating the risk of such damage;

an action that caused significant damage to the normal functioning or reputation of Boulevard;

an action that endangered the life or health of employees;

Indecent behavior against social norms or aimed at discrediting the employee and Boulevard, regardless of whether it is committed at work or outside of it;

disclosure of confidential information;

consuming alcohol during working hours or reporting to work under the influence of alcohol;

Reporting to work under the influence of psychotropic or narcotic substances or other inappropriate actions of an employee that undermines the authority of Batumi Boulevard;

the assignment of the director of the boulevard, referring to specific facts;

The order on the assignment of disciplinary responsibility is prepared by the senior specialist of the first category of the Boulevard Administrative Service - in human resources management issues and ensures its familiarization to the person subject to fine.

Article 30. Disciplinary measures (penalties)

Taking into account the severity of the disciplinary offense committed by the employee and the circumstances of its commission, the following measures of disciplinary responsibility (penalties) may be applied (by order):

warning

rebuke

severe rebuke;

Detention of official salary from 10 percent to 50 percent for a period of 1 to 6 months;

Dismissal from the performance of official duties by suspending the payment of salary - no more than 10 working days;

demotion;

Dismissal from service.

For one case of disciplinary misconduct, only one amount of disciplinary responsibility can be applied.

It is not allowed to impose a disciplinary penalty on an employee by the Boulevard administration for an action he committed during his free time from work, except in cases where Boulevard has a justified interest;

The disciplinary action imposed on the employee will be recorded in his personal file.

Article 31. Selection of disciplinary punishment

When choosing a disciplinary penalty against an employee, the director of Boulevard takes into account the severity of the disciplinary offense, the purpose, the motive, the result that resulted or could have resulted, as well as the person who committed the disciplinary offense, his business and moral reputation.

Article 32. Repeated disciplinary offense

Committing a disciplinary offense before disproving the disciplinary responsibility or removing it early is the basis for applying the measure of disciplinary responsibility that is heavier than the previously applied measure of disciplinary responsibility.

Article 33. Initiation of disciplinary proceedings

The bases for initiation of disciplinary proceedings may be:

report card of the immediate supervisor and/or deputy curator director;

other officially received document, complaint or notice - except for anonymous one, which forms the basis for the assumption that the employee has committed a disciplinary offense;

Deficiencies identified in the process of supervision of official activities;

Other cases provided for by law.

Article 34. Subject/body implementing disciplinary proceedings, disciplinary proceedings

The director of Batumi Boulevard can make a sole decision on the consideration of disciplinary offence;
The permanent disciplinary commission established by the order of the director of the boulevard can be defined as the body authorized to review disciplinary misconduct on Batumi Boulevard;
All employees of Batumi Boulevard (alleged perpetrators of disciplinary offences) are obliged to cooperate with the subject/organization implementing disciplinary proceedings during the course of disciplinary proceedings;
The entity/body conducting the disciplinary proceedings is entitled to deprive the explanation from the person against whom the disciplinary proceedings are being conducted, the author of the statement (complaint) or any person who may be in contact with the matter to be clarified. During disciplinary proceedings, it is mandatory to provide a written explanation to the person against whom the disciplinary proceedings are being conducted, unless it is impossible for objective reasons to appear / question this person / and the actual circumstances prove beyond doubt that he has committed a disciplinary offense;
The subject/body implementing disciplinary proceedings is authorized to request and study all necessary information, documents and materials related to the fact of disciplinary misconduct, to check case materials.

Article 35. Appeal

An employee who has been subject to a disciplinary sanction has the right to appeal the order of the Boulevard Director on the imposition of a disciplinary sanction in accordance with the law within 30 (thirty) calendar days from the date of notification of the order.

Article 36. Duration of Disciplinary Sanction

In relation to the employee who has been imposed a disciplinary penalty, during the period of validity of the sanction, no form of incentive can be used, except for the removal of disciplinary responsibility;
Disciplinary sanction imposed in the form of a warning to the employee is valid for 3 (three) months from the date of imposition of the fine;
Disciplinary fine imposed in the form of a reprimand against the employee is valid for 6 (six) months from the date of imposition of the fine;
Disciplinary fine imposed in the form of severe reprimand against the employee is valid for 1 (one) year from the date of imposition of the fine;
If no other disciplinary sanction was imposed on the person during the period of validity of the disciplinary sanction, the relative disciplinary penalty shall be considered to have been dispelled;
When applying a new disciplinary sanction, a disciplinary penalty that has been canceled or removed before the deadline is not taken into account;
Until the disciplinary sanction/penalty is dispelled or removed before its term, the person does not enjoy the right to official promotion.

Article 37. The rule of early removal of the disciplinary sanction

Disciplinary penalty/sanction may be removed early if: the employee has not committed a new offense and has shown himself to be a conscientious employee;
The issue of early removal of the disciplinary penalty can be raised by the immediate superior of the employee, in a reasoned written form (presented to the director of the Boulevard), the early removal of the disciplinary sanction is formalized by the order of the director of the Boulevard;
Early removal of the disciplinary penalty will be included in the employee's personal file;
If the employee was not subject to a new disciplinary sanction during the validity period of the disciplinary penalty, after the expiration of the period, he is considered not to have disciplinary responsibility.

Article 38. Procedure for considering an application/complaint

The employee addresses the director of Batumi Boulevard with a substantiated application/complaint about the issues arising in the labor and related relations;
The administration of Batumi Boulevard will consider the employee's application/complaint within 10 (ten) working days and submit a draft decision (in case of refusal - with justification) to the director of Batumi Boulevard;
The final decision regarding the review of the employee's application/complaint is made by the director of Boulevard within 10 (ten) working days after the submission of the draft decision;
If the employee of Batumi Boulevard does not agree with the decision made by the director of the boulevard and/or the director of the boulevard did not consider the application/complaint, the employee has the right to appeal to the court in accordance with the law;
Consideration of the application/complaint does not lead to the suspension of the employment relationship.

Article 39. Protection of working conditions

Both Batumi Boulevard LEpL and the employee are obliged to follow the labor conditions stipulated by the Labor Code of Georgia and other normative acts.

Article 40. Termination of Labor Relationship

The bases for terminating the employment relationship with an employee of Batumi Boulevard are determined by the rules and conditions established by the Labor Code of Georgia.

Article 41. Duties of dismissed employees and measures taken towards them

The dismissed employee is obliged to hand over the property and material values entrusted to him to the persons appointed for this purpose;
In the case of dismissal, the employee is obliged to submit to the administrative service a receipt confirming the return of the material and technical assets belonging to the Boulevard in temporary use with the signatures of the authorized persons, which is kept in the personal file of the dismissed employee. After fulfilling the mentioned request, the final payment should be made with the employee. The exempted person, in the event of a deficit in the inventory counted on him, will be suspended from the final payment until the deficit is presented. The final settlement with the employee is made no later than 7 (seven) calendar days after submitting the return sheet;
In case of dismissal, as well as a long business trip, the head of the structural unit is obliged to promptly ensure the transfer of the assigned functions/duties, current tasks and tasks;
Senior specialist of the first category - provides information on the appointment and dismissal of a person in the service in matters of human resources management to the person(s) responsible for material and technical support, including the IT specialist;
The head of the relevant structural unit will have access to the official e-mail of the dismissedperson.

Article 42. Final Provisions

In case of violation of the bylaws/charter, the Boulevard employee will be held responsible in accordance with the current egislation;
The administrative service of the Boulevard is obliged to provide the opportunity to familiarize with the mentioned by-laws at any time;
None of the employees of Boulevard enjoys any special privileges (meaning vacation duration, compliance with established rules of conduct and other norms);
The employees is obliged to familiarize themselves with the by-laws and to confirm this with his own signature. The signed bylaws are attached to the employee's personal file;
By-laws/charter and amendments to them are sent to all Boulevard employees;
Any changes and/or additions to the bylaws can be made based on the order of the director of Batumi Boulevard.