The Amendments To The Labour Law

Original Language Title: Grozījumi Darba likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/101.1

The Saeima has adopted and the President promulgated the following laws: the law of work done in the labour law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2001, no. 15; 2003; 2004, nr. 2, 5., 10., 12. No; 2005, 22 no, 21, 2006 no;; in 2009, No 14; Latvian journal, 2009, 200. no; 2010, no. 47; 2011, 62, 103 no; 2012, 108 no; 2014, no. 225.) the following amendments: 1. To make article 14 the following: ' article 14. The staff send (1) the sending of the employee within the meaning of this law are those cases concerning international services: 1), the employer, on the basis of the contracts they have concluded with a person whose good work is to be carried out, send the employee to another country; 2) employer sends an employee to another country within the Group of branch or Enterprise; 3) workforce assurance provider as employer sends an employee workforce assurance that the recipient of the service and the leadership of the work is to be carried out, if the company is located in another country or is it carried out their activities in another country. (2) Send the meaning of this law is an employee who performs work for a certain time in a country other than the country in which he is usually takes work. (3) the provisions of this law on the dispatch of workers does not apply to Merchant Navy undertakings vessels. " 2. the supplement to Chapter 3 and article 14.2 14.1 the following: ' article 14.1. Employers ' obligations, sending employees to work in Latvia (1), if the employer sends an employee to work in Latvia, then regardless of the employment contract and labor legal relations of the applicable law for this employee to be sent to the working conditions and terms of employment provided for in the laws of Latvia, as well as collective agreements recognised as generally binding and regulation: 1) maximum working time and minimum rest periods; 2) minimum annual paid leave; 3) minimum wage rates, as well as allowances for overtime work; 4 rules for the provision of the labour force), in particular through the provision of labour services provider; 5) safety, health and hygiene at work; 6) protective measures for persons under 18 years, pregnant women, women who have recently given birth, as well as the labour and employment; 7) equal treatment of men and women, as well as other forms of discrimination. (2) an employer who sends an employee to work in Latvia is obliged before sending the employee in writing in the language of the country to inform the national labour inspectorate about this employee sent, indicating: 1) employer: physical person: first name, last name and address, or the name of a legal person (company), registration number and address, as well as other contact information (phone number, e-mail address); 2) employee's name; the expected duration of sending 3) as well as the commencement of work and completion time; 4) perform the work place (if the job duties is not intended to be a place of work, that employee can employ various locations); 5) of this article, the third and fourth part of those representatives of the employer, indicating the name, address, and contact information. 6) a person whose good work is to be carried out (services), as well as the type of service that is based on the employee's dispatch; 7) evidence that an employee who is sent to a third-country national lawfully, working on the employer in a Member State of the European Union, European economic area country or the Swiss Confederation. (3) an employer who sends an employee to work in Latvia, Latvia is obliged to establish a representative who is authorized to represent the employer at the Latvian State institutions and courts. (4) an employer who sends an employee to work in Latvia is obliged, if necessary, to identify your representative that the collective bargaining parties can apply to the conclusion of collective agreements in order to initiate negotiations in accordance with the provisions of the Act. This person may not be the same person, referred to in the third paragraph of this article, and it does not have to be located in Latvia, however, should be available at reasonable and reasoned request. (5) an employer who sends an employee to work in Latvia, at the time of shipment of the employee's obligation to ensure the sealed a contract, the calculation of remuneration, working time records and pay the cost of storage to the supporting documents referred to in the third subparagraph and reporting monitoring and control bodies, as well as, if necessary, a translation into the language of the country. (6) an employer who sends an employee to work in Latvia is obliged, within two years after the employee's dispatch period to ensure that this article is referred to in the fifth subparagraph, the documents of the supervisory and control bodies. (7) of this article, the provisions of the first subparagraph shall also apply to third-country nationals employed in Latvia in connection with the redeployment within the company. Article 14.2. Employers ' obligations, sending an employee to perform work outside of Latvia (1), the employer who sends an employee to work in another Member State of the European Union, the European economic area or the Swiss Confederation in the country, irrespective of the employment contract and labor legal relations are the responsibility of the applicable law for this employee sent to ensure the fulfilment of the terms of employment, including minimum wages and working conditions in accordance with this law, the first paragraph of article 14.1, according to national laws or regulations or of collective agreements recognised as generally binding. Minimum wage-rate concept would be in accordance with its national law or collective agreements, which are recognised as generally binding, to which an employee is sent to do the work. (2) an employer who sends an employee to work in another Member State of the European Union, European economic area country or the Swiss Confederation, is obliged to meet the administrative requirements of the country and to submit to the supervisory and control body to which the requirements of the employee is sent. (3) sending an employee to work in another Member State of the European Union, the countries of the European economic area or the Swiss Confederation, on the applicable terms for business travel, including travel expenses. Subsistence allowances related to the shipping, it is considered part of the minimum wage, if provided for by national provisions, to which the employee is sent to do the work. Other remuneration related to the actual costs will be considered minimum wage rate. " 3. Supplement to chapter 19 article 75.2 by the following: ' article 75.2. Special rules of responsibility to pay the cost of shipment of the employee in the case (1) If an employer as a subcontractor is given full or partial execution of contractual obligations, but the employer in the employment contract or collective agreement for the period specified in the obligation to have failed to pay wages to an employee, the employee is entitled to claim unpaid wage cost of the person who the employer is directly passed full or partial performance of a contract. In this case, the employee is entitled to claim any unpaid wage cost under this contract, minimum wage rates, as defined in the State to which the worker is posted. (2) a Person whose employer is directly passed full or partial performance of a contract, obtain rights of recourse against the employer to the extent that the employer has paid the employee pay. (3) the provisions of this article shall apply only if the employee is sent to carry out the works relating to the construction of buildings or specialised works. " 4. Add to the informative reference to directives of the European Union with 25, 26 and 27 the following: "25) of the European Parliament and of the Council of 26 February 2014 2014//directive 36 on third country nationals in the EU the conditions of entry and residence of seasonal employment as employees; 26) European Parliament and Council of 15 may 2014 2014/66/the directive the EU on the conditions of entry and residence of third-country nationals in connection with the redeployment within the company; 27) of the European Parliament and of the Council of 15 may 2014 2014/67/the directive on how to run the EU Directive 96/71/EC on the posting of workers in the framework of the provision of services, and amending European Parliament and Council Regulation (EU) no 1024/2012 on administrative cooperation through the internal market information system ("IMI" Regulation). " The Parliament adopted the law of 12 may 2016. The President r. vējonis 2016 in Riga on May 26.