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The rights and obligations of employees shall be determinedThe Constitution of the Republic of Latvia, international law rules binding on Latvia,The Labor Lawand other regulatory enactments, as well as collective bargaining and agenda rules. Employees are more comfortable with their rights and responsibilities today than ever before.
Related bodies:Ministry of Welfare (LM);Ministry of Economy (EM);Ministry of Culture (KM);Ombudsman;State Revenue Service (SRS);National Labour Inspection (NSA);State Commission for Health and Health Examination Doctors (VDEATH);Office of Citizenship and Migration Affairs (PMLP);Information Centre of the Ministry of Interior (IeM IC);National Social Insurance Agency (SSIA);Patent Office (LRPV);State Chancellery;Latvian State Radio and Television Centre (LVRTC);National Health Service (NSAs);State Employment Agency (NVA);Latvian Free Trade Union Union (LBAS).
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An employment contract shall be an agreement entered into in writing between the employee and the employer prior to the commencement of work regarding the work to be performed and the remuneration. A written contract of work is compulsory.
The employer shall make a contract of employment in 2 copies, one of which shall be stored with the employee, the other being with the employer. For what is required to be included in the contract of employment, read moreSection 40 of the Labour Law. Interpretative information can also be found at:On the website of the Ministry of Welfare (LM).
There are 2 types of contract:
An employee with whom an employment contract has been concluded for a specified period shall be subject to the same rules as an employee with whom an employment contract has been concluded for an indefinite period.
If, at the end of the period for which the contract of employment has been concluded, neither of the parties has requested the termination of the contract of employment and the legal relationship of employment actually continues, the contract of employment shall be deemed to have been concluded for an indefinite period of time. More information on the extension of the contract of employment is available at:Section 45 of the Labour Law.
For the preparation of the contract of employment, you are obliged to present your personal identity document to the employer as a future employee. Therefore, make sure that your document has not expired before entering into a contract. If necessary, you can apply for a new personal identification document via the e-service “Latvija.lv”.The issue of personal identification document log". In the course of the service, payment of the State fee for the issuance of a personal identification document must be made.
If the performance of the work requires special knowledge or skills, the employer shall have the right to require you to present documents certifying your education or professional training prior to the conclusion of the contract of employment. Similarly, if the specific nature of the work so requires, the employer may request a statement of yourcriminal records.
More detailed information on the documents needed to prepare a contract of employment can be found at:Article 35 of the Labour Law.
It is recommended that you obtain information on the status of the potential employer before starting the employment relationship, for example, whether there are tax debts, whether the company has not entered the minimum wage list, or whether it is a micro-enterprise taxpayer. Such information may be useful in drawing conclusions on the solvency of the employer. Data can be verified using the State Revenue Service (SRS)Database to be disclosed.
If you want the employer to apply the minimum to your salary and other tax incentives (not to the employer - the micro-enterprise taxpayer), then connect after entering into the employment contractVID EDSand mark in your payroll tax book your employer as the main source of income. In the payroll tax book, dependants can be identified in addition to benefiting from relief, and it is possible to note “Show information on additional benefits to the place of income” if there are disability information or the status of the person being repressed. For more information:On the SRS websiteand the steps, for markings in the electronic payroll tax book, are shown in the video instruction.
To make sure that your employer has recruited you officially (with a contract), connect toVID EDSand on the left of the system, select “Reports” and the “Reports submitted by taxpayers” section, where you can view information about your locations and periods of employment.
The contract of employment guarantees your rights as an employee, so if your employer employs you without a contract of employment, it is the unregistered employment to be reportedState Labour Inspection (NSA).
To notify the NSA of unregistered employment, use the section on the NSA's website “To report on unregistered employment”.
Use a free e-service on the Latvija.lv portal for advice from the NSA or for NSA action on labour rights or job protection.Submit an application to Labour Inspectorate and get a response from Labour Inspectorate”.
For people belonging to a specifically defined group of employees, such as young people, people with disabilities and foreign citizens, additional information can be found in the description of the life situation.Employment for different groups of society”.
The working time shall be the period from the beginning of the work to the end of which the employee performs the work and is at the employer's disposal, except for breaks at work. The beginning and end of the working time shall be determined in the terms of the agenda, in terms of the timetable or in the contract of work.
The normal daily working time of the employee must not exceed 8 hours but the normal working time of the week: 40 hours. If the daily working time of one of the working days of the week is shorter than the normal working time of the day, on another working day of the week the normal working time of the day may be extended, but not more than 1 hour, up to a maximum of 40 hours per week.
For workers whose work is associated with a special risk (with increased psychological or physical load or increased risk to the safety and health of the employee), the normal working time must not exceed seven hours a day and 35 hours a week, provided that they are employed at least 50 per cent of the normal daily or weekly working time. The Cabinet may also determine the normal shortened working time for other categories of employees.
The job that an employee performs over normal working time is overtime work. It shall be admissible if the employee and the employer have agreed in writing. In some exceptional cases, the employer has the right to employ an employee in overtime without his written consent (Article 136 of the Labour Act).
In the contract of employment, the employer and the employee may agree on the determination of part-time less than the normal daily or weekly working time. The employer shall prescribe part-time if requested by a pregnant woman, a woman in the post-natal period up to one year, but if a woman is breast-feeding, throughout the feeding period, as well as an employee who has a child under 14 years of age or a disabled child under 18 years of age.
An employee employed for part-time work shall be subject to the same rules as the employee employed for normal working hours.
Night work means any work carried out during the night (from 22:00 to 06:00) for more than 2 hours.
If it is necessary to ensure continued work, the employer may, after consulting the employees, determine the work of the shifts. In this case, the normal weekly working time of 40 hours should be taken into account.
If, due to the nature of the work, it is not possible to comply with the normal daily or weekly working time specified for the worker concerned, the employer may, after consulting the employees' representatives, determine the aggregated working time so that the working time during the reporting period does not exceed the normal working time specified for the worker concerned.
Rest time means a period within which an employee does not have to perform his or her duties and which he or she may use at his or her discretion. Rest periods include breaks at work, daily rest, weekly rest, holidays and vacations.
Every employee shall be entitled to a break at work if his or her daily working time is longer than six hours. The duration of the break must not be less than 30 minutes.
The daily rest period of 24 hours shall not be less than 12 consecutive hours. This provision may not apply if the aggregated working time has been determined.
The weekly rest period for a seven-day period shall not be less than 42 consecutive hours. This provision may not apply if the aggregated working time has been determined. If a five-day working week is specified, the employee shall be granted two weekly rest days; if a six-day working week is specified, one weekly rest day. Both weeks' rest days are usually granted in succession.
The employer is obliged to accurately list the hours worked by each employee as a whole, as well as the hours worked separately during overtime, night work, week rest and holiday days. The employee has the right to verify, in person or through employees' representatives, the time records performed by the employer.
More information on working time and rest time is available at:Chapter 31-35 of the Labour Law.
An employee shall be required to perform on-the-spot work in the company unless otherwise agreed between the employee and the employer. If the performance of the duties is not provided for in a particular workplace, the contract of employment shall indicate that the employee may be employed in different places.
On the rules for employing different groups of society, such as young people, please refer to the description of the life situation.Employment for different groups of society'and'Work and taxes”.
An employer sending an employee to perform work in another Member State of the European Union (EU), the European Economic Area (EEA) State or the Swiss Confederation shall be obliged to comply with the administrative requirements of that State and to comply with the requirements of the supervisory and control authorities to which the employee is seconded.
Information on the requirements in the country concerned must be consulted before the staff member is sent.
When sending an employee to another country, the employer must comply with the following minimum requirements laid down by another country:
More information on employment outside Latvia is available at:Ministry of Welfare (LM) websiteandOn the website of the State Employment Agency (NVA).Advice and information on the transfer of staff to another EU Member State or Switzerland, Iceland, Liechtenstein and Norway may be provided by EURES consultants to the NVA. Contact details availableOn the SEA website.
The employee has the right to receive regular remuneration for work - pay. Remuneration shall be the remuneration to be paid regularly to the employee for work, which shall include the salary and the supplements specified in the regulatory enactments, the collective agreement or the contract of employment, as well as the premiums and any other type of remuneration in relation to work.
An employer shall organise a time salary system or chord salary system, as well as a premium and premium system in an undertaking in accordance with regulatory enactments and a collective labour agreement. The time salary shall be calculated according to the working time actually worked, regardless of the amount of work done. The chord salary is calculated according to the amount of work done, regardless of the time it was done.
The employer has an obligation to set equal pay for men and women for the same work or equal value work.
The employer must provide employees with a salary of not less thannational minimum, as well as from that remunerationin the State budget Personal Income Tax (IIT)andMandatory State social security contributions (social security).
If the employer pays you less than the national minimum wage for full-time work, it is a violation to be reported to the National Labour Inspectorate (NSA). For this, you can use the free e-service portal Latvija.lv "Submit an application to Labour Inspectorate and get a response from Labour Inspectorate”.
To check whether taxes are deducted from your pay, connectState Revenue Service Electronic Statement System (SRS EDS), select “Reports” and select the “Reports submitted by taxpayers” section where you will be able to request an online overview of your employer:
Additional information on the amount of mandatory social security contributions made by your employer can also be viewed on the Latvija.lv portal, use the free e-service “Information on social insurance contributions and periods of insurance”.
Read more about the binding taxes on employees in the description of the life situation “Work and taxes”.
The amount of the premium shall be determined in the employment contract.Chapter 18 of the Labour Lawthe right of employees to receive premiums shall be determined in the following cases:
The employer must calculate taxes from the premiums in the same way as from the basic salary.
Payment of wages
The employer has an obligation to pay the salary not less than 2 times a month, if the employee and employer have not agreed to pay the salary once a month. If the day of payment of the salary coincides with the rest of the week or the holiday day of the week, the payment of the work must be paid before the relevant day.
The employee has the right to receive the salary in cash. The employer has the right to pay the salary in non-cash cash with a transfer only if the employee and employer have agreed to it.
Together with the paid salary paid, the employee has the right to receive from the employer a calculation of the salary, which includes the paid salary, withholding taxes and mandatory State social insurance contributions made, as well as the hours worked, including overtime, hours worked during the night and holidays. At the request of the employee, the employer is obliged to explain this calculation. For more information on working hours and overtime, see “Work and rest time and place of work”.
You can read in more detail about the cost of payChapter 19 of the Labour Law.
Social insurance is a set of measures organised by the State to insure a person's risk of losing an occupational income due to the sickness, disability, maternity, paternity, parental care, unemployment, age, occupational accident or occupational disease of a socially insured person, as well as additional costs related to or dependent on the socially insured person the death of an existing person. Social insurance is part of the national social security system. National social insurance system is governed by lawOn the state social insurance, which determines which types of social security the person is subject to.
Socially insured persons who perform (or for which the employer performs) mandatory State social insurance contributions from their employment income, upon the occurrence of an insurance case and in fulfilling the criteria for the granting of the service, have the right to receive the relevant social insurance services - pensions, benefits and reimbursements. They shall be paid on the basis of the State social security contributions made, the higher the income from which the contributions were made, the higher the amount of the benefit, pension or remuneration, respectively.
Use the free e-service on the Latvija.lv portal to verify the amount of social contributions made by your employers.Information on social insurance contributions and periods of insurance”. Data on employers' social contributions can also be consideredState Revenue Service Electronic Statement System (SRS EDS)in choosing “Reports” - “Information provided by taxpayers” - “National social insurance mandatory contributions calculated by employers”.
As a socially insured person, you are entitled to a number of typessocial insurance servicesdepending on the situation of life. For example, in case of illness you are dueSickness benefits. In this case, you should have a “Disability Sheet (DNL)” issued by your doctor. Use a free e-service on the Latvija.lv portal to check your DNL“Sick sick leaves received”.Information on open or closed incapacity leaves can also be consulted by authorisingEHealth Portal, under the heading “Disability leaves”. Read more about incapacity in the description of the life situation “Workplace health”.
State social insurance also provides for the granting of sickness benefits to persons who have suffered an accident at work or for whom an occupational disease has been determined, compensation for loss of capacity and compensation for additional expenses (Insurance indemnity). In order to claim insurance, you must submit an application to the State Social Insurance Agency (VSAA) for the granting of insurance compensation. You can optionally submit it to one of the following:For VSAA departmentspersonally or by post, or bysecure electronic signaturesending a signed application to an institution's e-mail or usinge-address. Together with the application in the event of an occupational disease,opinion on occupational disease. It may be necessary to submitadditional documentsfor individual reimbursements.
Information on the degree of loss of capacity and disability determined for a person in the electronic format of the SSIA shall be received from:State Commission of Health and Health Examiner Doctors (VDEATH).If you want to personally verify your data, use the free e-service on the Latvija.lv portal “My data VDEĀVK”.
More of the disability formalities can be read in the description of the life situation “Formalities related to disability and disability”.
The act on an accident at work in an electronic format of the SAA shall be received from:State Labour Inspectorates (NSA).More about dealing with accidents at the workplace, read the section of the description “Safe and safe working environment”.
It is the employer's responsibility to provide his or her employees with a safe and safe working environment. The conditions for implementing this are laid down inLabour Protection Lawand the Cabinet regulations issued on that basis. The working environment within the meaning of the Law is a workplace with its physical, chemical, psychological, biological, physiological and other factors to which the employee is exposed when performing his or her work.
Workers shall have the right to be informed of potential risks at the workplace as well as of measures to preserve safety and health.
The employer must provide adequate training (briefing) for each employee on matters of job protection directly related to his or her place of work and performance of his or her work. The employer must also provide secure work equipment and personal protective equipment if they are necessary for the safe performance of the work.
The employer must provide a mandatory health check (OVP) for those employees whose health status is affected or likely to be affected by health-related factors in the working environment and those employed with special conditions at work. Expenses related to THE OVP prior to the commencement of the employment relationship shall be borne by the employee, by mutual agreement, by his or her own resources or by the employer. The costs related to the periodically employed OVP should be borne by the employer. Read more about OVP in the description of the life situation “Workplace health”.
If you are in contact with conditions at your workplace that are detrimental to your health and safety, you have the right to require your employer to avoid these conditions. If you fail to reach an agreement with your employer, you can turn to helpState Labour Inspection (NSA).
For more information on labour protection issues, see:Stradavesels.lv.
If an accident has occurred at work, the employer must ensure that it is investigated and accounted for.
If you have suffered an accident at work, or if you are a witness to an accident, report it immediately to the employer, direct job manager or labour protection specialist.
If you want to notify the NSA of an accident at the workplace, use a free e-service on the Latvija.lv portal.The announcement of the accident at work”.
After an accident at work or illness with an occupational disease, if you have been issued a temporary incapacity sheet or a specified disability and the degree of loss of capacity, apply to the State Social Insurance Agency (VSAA)insurance compensation for an accident at work or occupational disease.
The Labor Lawprovision shall be made for several types of leave - annual paid leave, supplementary leave, leave without maintenance of pay, maternity leave, parental leave, educational leave, leave for the father, adopter or other person of the child.
Annual paid leave
In order to be able to request the granting of annual paid leave for the first year of employment, you must be employed continuously with your employer for a period of not less than 6 months. The employer is obliged to grant such leave in full.
Annual paid leave may not be less than 4 calendar weeks, excluding holiday holidays. It may be awarded in instalments per year, but one part of the leave may not be less than 2 continuous calendar weeks per year.
By agreement between the employee and the employer, the annual paid leave may be granted in instalments during the current year, but one part of the leave may not be less than two continuous calendar weeks in the current year.
In exceptional cases, where the granting of annual paid leave to an employee for the full amount of the current year may adversely affect the normal course of work in an undertaking, it shall be permitted, with the written agreement of the employee, to transfer the part of the leave to the following year. In such a case, the part of the leave in the current year may not be less than two continuous calendar weeks. The transferred part of the leave shall be added as far as possible to the following year's leave. The part of the leave may only be transferred to one year.
Reimbursement of annual paid leave in cash shall not be allowed. However, if you terminate your employment relationship and you have not used your annual paid leave, your employer is obliged to pay you a fee for the entire period for which you have not benefited from this leave.
The employer shall pay the payment for the period of leave and the salary for the period worked until the leave to the employee not later than 1 day before the leave. At the written request of the employee, such payment may be paid at another time, but not later than on the following day of payment of the salary.
If your scheduled period of leave coincides with your illness (temporary incapacity), you are entitled to request the transfer or extension of the leave for the number of days of the disease. If the holiday falls on public holidays, the leave for these days shall also be renewable.
If you are planning to take your leave abroad, apply for the European Health Insurance Card (EHIC), which confirms your right to receive the necessary or emergency healthcare to the same extent as it is provided to the people of the country concerned. You can sign up to the EHIC on the Latvija.lv portal via e-service “To apply for a European Health Insurance Card (EHIC)', and get the card in your mailbox at the address you specified. More practical advice in situations where you are abroad can be found in the description of life situations:Travel'and'What should be observed by Latvian nationals abroad?”.
You are due to the annual additional paid leave if:
Other cases (night work, shift work, long-term work, etc.) may be specified in the contract of employment when the employee is to be granted an annual supplementary leave.
Maternity leave/Parental leave
Maternity leave: 56 calendar days (if accounted for by the doctor until 12 weeks: 70 days) and maternity leave: 56 calendar days are calculated together and 112 calendar days are allocated.
The employer has a responsibility to maintain her previous work after returning from leave, for a woman taking maternity leave, as well as parental leave. If this is not possible, the employer must provide similar or equivalent work with less favourable working conditions and employment rules.
Parental leave is due to all employees, both the child's father and mother, due to the birth or adoption of the child. Such leave shall be granted for a period not exceeding one and a half years until the date on which the child reaches the age of eight years.
The employee is required to notify the employer in writing for 1 month of the beginning and duration of the parental leave or part thereof.
An employee shall have the right to return to work by notifying the employer not less than 2 weeks in advance if, due to objective circumstances, the grounds for future childcare have been lost.
More information on the formalities to be completed when a child is born can be found in the description of the life situation.Waiting and birth of a child”.
Leave for the father, adopters or other person of the child
The child's father shall be entitled to a 10 calendar day leave, which shall be granted immediately after the birth of the child, but not later than 2 months after the birth of the child.
If the mother of the child has died or has refused parenting and parenting, the child's father shall be granted leave until the 70 th day of the child's life. The said leave shall also be granted to another person who actually grooms the child.
If the mother of a child cannot family a child for health-related reasons, the father or another person who actually grooms the child shall be granted leave on days on which the mother is not able to keep the child.
In a family adopted by children under 18, one of the adopters shall be granted 10 calendar days of leave.
The previous work shall be maintained for the father, adopter or other person who actually grooms the child and who uses the aforementioned leave. If this is not possible, the employer shall provide similar or equivalent work with the child's father, adopter or other person who actually grooms the child, not least favourable working conditions and employment terms.
If you are trained in any type of educational establishment without leaving your job, you may be granted a working leave with or without the maintenance of your salary in accordance with the contract of employment. You are entitled to a 20-day working leave with or without the maintenance of the salary for organising or defending a diploma.
For more information:Section 35 of the Labour Law.
An employee has the right to enter into an employment contract with several employers or to be otherwise employed, unless otherwise specified in the employment contract or collective agreement. The employer may limit the rights of the employee to the extent justified by reasonable and protected interests of the employer, in particular where such adjoining work adversely affects or is likely to affect the proper performance of the employee's obligations.
Most often, the employer provides in the contract of employment a condition that the performance of the work next to the employee should be reconciled with the employer. In that case, always inform your employer of your intention to work side by side.
In the event of a dispute, the employer has an obligation to demonstrate that the limitation to perform side-by-side work is justified by reasonable and protected interests of the employer.
If you have multiple jobs, remember that the Salary Tax Book can only mention one job, the one that you want to point out as the main source of income. The payroll tax book has only been available electronically since 1 June 2014 by connectingState Revenue Service Electronic Statement System (SRS EDS).
On presenting the Salary Tax Book, read more in the description of the life situation.Work and taxes“and learn about the steps of the service in the video instruction.
The trade union as an independent non-governmental organisation and activity shall be governed byTrade union law.
Employees may exercise their interest on their own, through a trade union of employees or through representatives authorised by employees elected by employees of the company.
Everyone has the right to establish a trade union freely, without any discrimination, and, in accordance with the rules of the trade union, to enter into it, as well as the right not to enter into a trade union.
The employer shall be prohibited from suspending the contract of employment for an employee - a member of the trade union - without prior consent of the relevant trade union, if the employee is a member of the trade union for more than 6 months, except in cases where:
On the other hand, if the contract is to be terminated on the grounds that the worker is unable to perform the employed work because of the state of health (as confirmed by the doctor's findings), as well as on the basis of long-term incapacity, the employer must inform and consult the trade union in advance.
More information on trade unions and opportunities to engage in them can be found at:Website of the Latvian Free Trade Union.
The right to intellectual property can be regarded as a right to individual human mind performance with goodwill value. Intellectual property does not protect ideas as such, in their absolute sense, but the practical use of ideas-specific expression (copyright) or ideas (knowledge, information) in useful articles.
Intellectual property rights are divided into two groups: industrial property rights and copyright. Such rights constitute a ban on the use of an intellectual property of a human being without prior authorisation. In other words, the inventor or author of intellectual property has the exclusive right to ban or allow everyone else to use intellectual property without the prior consent of its rightholder. The various intellectual property rights include commercial secrets, patents, trade marks, geographical indications, designs, copyright and related rights, and new plant varieties.
It is important to point out that copyright belongs to the author as soon as the work is created, regardless of whether the work has been completed. Certification of copyright ownership does not require registration, special drawing up of work or respect for any other formalities.
If the author, in his or her employment relationship with the employer, has created a work in the performance of his or her duties, personal and property rights to that work belong to the author. The property rights of the author may be transferred to the employer in accordance with the contract. In reality, these rights to work created are often enshrined in the contract of employment, including the point that everything created at work belongs to the employer.
The exception is also if the employee has developed a computer program in the performance of his or her job. All the property rights of the author of a computer program created in this way belong to the employer, unless otherwise provided for in the contract.
Legal provisions governing the protection of intellectual property rights in Latvia: international law, such as several conventions and directives, and national legislation, such asThe Civil Law,Criminal law,The Civil Procedure Law,Trade mark Law,Copyright Law,Law on Industrial Property Institutions and Procedures,Film Law,Law on the Protection of Commercial Secrets,Patent law,The Law on Scientific Activities,Law On Designs,Plant Variety Rights Act,Law on the Protection of Topographies of Semiconductor Products.
On the website of the Patent Boardread more about obtaining a patent, registering a trade mark or design in Latvia. By using the e-services of the Patent Office, it is electronically possible "To apply for a trade mark'and'To apply for a design”. To obtain a patent,The applicationto be submitted to the Patent Office:
Information on how to obtain the patent is available on the Patent Office website.
To seek and obtain information regarding public applications for national patents, granted Latvian patents, European patents approved and extended in Latvia, additional protection certificates, as well as regarding trade marks and designs registered in Latvia, may be in databases:
More copyright information can be obtainedOn the website of the Ministry of Culture.
Patent boards at Intellectual Property Information Centreit is possible to obtain general advice on intellectual property protection, to receive training in the use of databases, and to order searches for patents and designs (fee service). You can receive services in person, by phone, by e-mail, and by sending an application to the servicee-address.
If you need professional legal advice on how and where to protect your idea of entering into a licensing agreement or selling ownership etc., the Intellectual Property Information Centre of the Patent Office shall coordinate a 20-minute consultation between the client and the professional patent holder. In order to receive free consultation of professional patent holders on scheduled appointments, interested parties must apply for the service in advance by contacting theIntellectual Property Information Centreby phone, e-mail, or by sending an application to the servicee-address.
Additional information on registration of trade marks and designs in the territory of the European Union is available at:Website of the European Union Intellectual Property Office, available for international registrationWebsite of the World Intellectual Property Organization, as well asOn the website of the Patent Board.
On the other hand, information on patent protection abroad (the European patent and the international application using the PCT procedure) is available at:On the website of the Patent Board.
The prohibition of discrimination or discrimination against people on grounds of their race, nationality, language, sex, age and other circumstances shall be governed by:The Constitution of the Republic of LatviaandThe Labor Law. It should be noted that discrimination is a diverse phenomenon which cannot always be easily recognised.
Discrimination in the workplace
The Labor Lawprovision shall be made for everyone to have equal rights to work, fair, safe and health-friendly working conditions and fair wages. These rights shall be provided without any direct or indirect discrimination: irrespective of the race, colour, sex, age, disability, religion, political or other beliefs, national or social origin, property or family status, sexual orientation or other circumstances of the person.
Discrimination shall also be prohibited in establishing employment legal relationships as well as in the course of the existence of employment legal relationships, in particular by raising employees, by defining working conditions, pay or professional training, or by raising qualifications, as well as by applying a contract of employment.
Discrimination shall also be regarded as a violation of a person and an instruction to discriminate against it.
Direct discrimination exists where the treatment of a person in relation to his or her sex, race, skin colour, age, disability, religion, political or other convictions, national or social origin, property or family status, sexual orientation or other circumstances is, or may be, less favourable than that of another person. Less favourable treatment on grounds of maternity leave or granting of leave to the father of a child shall be considered to constitute direct discrimination according to the sex of the person.
Indirect discrimination exists where a supposedly neutral rule, criterion or practice causes or is likely to have adverse effects on persons of the same sex, except where such a provision, criterion or practice is objectively justified by a legal objective for which the means chosen are proportionate. It also applies to employees from race, skin colour, age, disability, religious, political or other beliefs, national or social origin, property or family status, sexual orientation or other circumstances.
In the event of a violation of the prohibition of divergent treatment and the prohibition to cause adverse effects, the employee shall, in addition to the other rights specified in the Labour Act, have the right to claim damages and damages for moral damage. In the event of a dispute, the extent of the compensation for moral damage shall be determined by the court on its own discretion.
It should be noted that the employer may ask for criminal charges where previous criminal records in respect of the work to be carried out could play an important role.
If you need a criminal statement, you can easily request it and receive it on the Latvija.lv portal via e-service.Request for a statement regarding the criminal record of a natural person '.You must pay when executing the service.
A different treatment shall only be permitted if the sex race, colour of the skin, age, disability, religious, political or other belief, national or social origin, property or family status, sexual orientation or other circumstances of a given sex is an objective and justified prerequisite for the performance of the work in question or the occupation in question, proportionate to the objective pursued by it.. On the other hand, if, in the event of a dispute, the employee points to circumstances which could justify direct or indirect discrimination against him, it is the employer's responsibility to demonstrate that the different treatment is based on objective circumstances, or that the worker's membership of a particular sex, race, colour, age, disability, religion, political or other convictions, or national or social beliefs, or the state of the social origin, property or family, sexual orientation or other circumstances shall be an objective and reasonable prerequisite for the performance of the work in question or the occupation in question.
More about infringements of the principle of the prohibition of different treatment can be read:Articles 29, 32, 34, 48, 60 and 95 of the Labour Act.
In the case of infringements of the principle of prohibition of different treatment in the working relationship, you have the right to lodge a complaintState Labour Inspection (NSA). It is most convenient to do this electronically by using a free e-service on the Latvija.lv portal.Submit an application to Labour Inspectorate and get a response from Labour Inspectorate”.
If it is not possible to reach an agreement with your employer to terminate a different treatment, you may, as an employee, refer to the court:
The psychological climate of the workplace is increasingly being talked about today. Common notions are mobings and bossling. Mobing understands the psychological terror of employees against another employee (group), while bosing is an employer's psychological terror against an employee (group). In such cases, action is repeated, takes place over a longer period and is directed against a specific employee or group of employees.
The Constitution of the Republic of Latviaprovide that everyone has the right to freedom and personal integrity. Health-friendly and safe working conditions shall also be determinedThe Labor Law.
If you are in contact with mobings or bosinging at the workplace, this means that your rights have been infringed and you may lodge a complaint with a duly authorised person or employees appointed to review mobings/bosinga cases in the company. You can turn to the union for help. For more information about employees' representatives and trade unions, see “Trade unions”.
At the same time, it should be assessed whether the principle of non-discrimination has been infringed (see section “Prohibition of discrimination”).
If you are facing psychological terror in the workplace, remember that,Section 100, Paragraph 5 of the Labour Lawthe worker has the right to terminate the contract of employment (without complying with the 1-month period) on the basis of an important reason which, on the grounds of morality and recklessness, prevents the continuation of the legal relationship of employment. If, according to these provisions, you terminate the contract of employment and the employer agrees that the reason you have stated is important, the employer is obliged to pay you a severance allowance.Section 112 of the Labour Lawto the extent specified.
In addition, you have the right to claim damages and damages for moral harm.
You may be consulted on your rights of personal integrityThe Ombudsman's Office.
If you witness any illegal or otherwise, in your opinion, inappropriate conduct which may harm the public interest and consider that you have genuine information about a potential breach, contact your employer to prevent the infringement. If action from the employer is not followed, or if it is not possible to prevent an infringement internally, submit a report from the alert agent using one of the other alarm mechanisms listed below.
The alert agent's report must meet all of the above characteristics. An anonymous submission shall not be regarded as an alert report. At the same time, the authorities in which the alert agent is directed must ensure that he or she is kept confidential and that, in order to do so, the details of the alert agent are kept separate. Your message to the responsible authority is limited availability information.
Situations where alarm is raised are, for example, if corruption can occur in your opinion, conditions of fair competition are being breached (companies create a cartel), public health (e.g. poor food, medical treatment), construction, job security violations, public procurement offences are at risk.
In order to facilitate the reporting of infringements (raising of alerts) and to ensure the protection of alert lifts,Alarming Law.
You can use one of the alarm mechanisms to submit an alert alert alert message:
The employer must inform employees about the internal alarm system by initiating employment relationships and by providing easily accessible information on the system at the workplace.
Where, for objective reasons, the alert cannot be raised at work, orin the competent authorityif no one listens or there's nothing long changed, you can raise the alarm publicly. To travel the alarm publicly, to be observedlawrequirements.
On the websiteTrauksmescelejs.lvYou can get more information about raising an alarm, familiarize yourself with the possibilities of raising an alarm at different institutions, andto submit an alert electronically.
If, as a result of an alarm, the employer directed any repression against you or your relatives, such as dismissing, punishing, unduly downgrading, you have the right to apply to the court on the grounds that the employer's repression is caused by your alert report. To ease the litigation process as much as possible, seek national legal aidIn the Legal Aid Administration(see diagramhere).
Employees' responsibilities are listedSection 22 of the Labour Lawand for each employee, the obligations individually binding on the employer must be expressed in the contract of employment or in the description of the position prior to the commencement of the employment relationship.
Employers are most likely to include in contracts the following employee duties:
It should be noted that, in addition to the duties of employees specified in the labour law and in the contract of employment/job description, employees may be bound by other regulatory enactments, internal rules, etc., depending on the specific nature of their positions. For example,Act of strikescertain categories of posts are subject to a limited right to strike or are banned altogether.
It is possible to terminate the employment relationship at the initiative of either party (employee or employer). Or the employee and employer may terminate the employment relationship by mutual agreement in writing.
The employee has the right to propose the termination of the employment relationship in writing, giving notice to the employer, at least 1 month in advance, if the contract of employment does not specify a shorter term. At the request of the employee, the period of temporary incapacity shall not be included in the notice period.
A member of staff employed in temporary or other employment relating to his or her participation in active employment measures shall have the right to terminate the employment contract in writing 1 day in advance.
By agreement between the employee and the employer, the contract of employment may also be terminated before the expiry of the notice period.
The employee has the right to terminate the employment contract in writing without complying with the period of notice provided for in the Labour Act, if he has an important reason, any circumstance which, on grounds of morality and integrity, prevents the continuation of the legal relationship of employment.
During the examination, the employer and the employee have the right to suspend the employment contract in writing for 3 days in advance. The employer shall not be obliged to indicate the reason for the notice when applying the contract of employment during the examination.
The employer has the right to propose in writing the termination of the employment legal relationship solely on the basis of circumstances relating to the behaviour of the employee, his or her abilities or the taking of measures of an economic, organisational, technological or similar nature in the undertaking. The following circumstances are listed below:Section 101 of the Labour Act.
When proposing termination, the employer shall be obliged to notify the employee in writing of the circumstances underlying termination of employment.
The time-limits to be observed by the employer in terms of termination of the employment relationship shall be subject to the reasons for termination of the employment relationship listed below.Section 101 of the Labour Act. The employer may terminate the work immediately, 10 days in advance or 1 month in advance. Additional information on cooling-off dates is available at:Section 103 of the Labour Law.
Where the employer has undertaken collective redundancies or redundancies,Article 108 of the Labour Actdetermines which employees have the advantage of continuing their employment relationship in such a case. First of all, workers with better performance and higher qualifications have rights. If the results and qualifications of the work do not differ significantly, the benefits of staying in the job are determined by several other criteria specified in the law.
The employer intending to carry out collective redundancies must, in due time, initiate consultations with the employees' representatives in order to agree on the number of employees subject to collective redundancies, the progress of collective redundancies and the social guarantees of the employees to be released.
The employer has a duty to determine whether the employee is a member of the trade union prior to the termination of the employment contract. The employer shall be prohibited to terminate the contract of employment to the employee: a member of the trade union without prior consent of the relevant trade union, if the employee is a member of the trade union for more than six months, except in cases specified in the Labour LawArticle 47in the first subparagraph (if the contract is declared during the examination), andArticle 101for the purposes of points 4, 8 and 10 of the first subparagraph, the employee is in a state of alcohol, drug or toxic intoxication, has been re-employed by an employee who previously carried out the work in question, the employer being eliminated: a legal person or a partnership. For more information on the procedures for applying a contract of employment to a member of a trade union, available in the Labour LawArticle 110.
A member of staff may bring an action before a court regarding the recognition of the employer's notice to be invalidated within one month from the date of receipt of the notice. Application must be submitteddistrict (city) courtat the address of the employer's registered office or of the employee's place of residence or place of employment. An employee who is a union member can attract union assistance to appeal the employer's decision.
Where termination is not based on the following reasons:
Similarly, the employer is not obliged to pay the severance benefit if the employment legal relationship is terminated by mutual agreement or if the employee terminates the employment legal relationship on his or her own initiative.
You can obtain information about your employer's cooling-off bans and restrictionsSection 109 of the Labour Act. If the employer has not complied with the norms specified in the Labour Law in the termination of the employment legal relationship, the employee has the right to apply to the court.
From day one after job loss, personmay gain unemployment status at the State Employment Agencyand to claimunemployment benefits at the State Social Insurance Agency.
Information on the employment of different groups of society (children and young people, students, people with disabilities, citizens of other countries, pensioners and people aged 55) in the description of the life situationEmployment for different groups of society”.
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