Amendments To The Law "on The Protection Of Employees Employers ' Insolvency Event '

Original Language Title: Grozījumi likumā "Par darbinieku aizsardzību darba devēja maksātnespējas gadījumā"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/242003

The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on the protection of employees employers ' insolvency event ' to make the law" on the protection of employees in case of employer's insolvency (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2002, 2. No; 2003, 22; 2004, nr. 2. No; 2006, no. 5; 2007; 2008, no 3, no 3; 2009, No 15) follows: 1. Replace article 3, first subparagraph 1. 1.1 and in paragraph 2, the words "which are or have been working in legal relations" with the words "which, prior to the event of the insolvency of the employer's accession have been or continue insolvency occurs before the start of the employment relationship".
2. in article 5: replace the first subparagraph of paragraph 4, the words "minimum amount prescribed by law" with the words "work" in the cases specified by law;
to supplement the article with the fourth paragraph as follows: "(4) in the first subparagraph 1., 2., 3., and in paragraph 4, the established entitlements and related State social insurance compulsory contribution and personal income tax payments calculated on the basis of the employer's insolvency occurs a day the national minimum monthly wage. The procedure of calculating of claims shall be determined by the Cabinet of Ministers. "
3. Supplement article 7, first subparagraph, the words "and the administrator's remuneration paid for the filing of claims of employees."
4. Turn off the article 8 of the second paragraph of point 3 and 4.
5. in article 10: Express 1.1 part as follows: "(11) the Administrator has the right to submit the application for satisfaction of the claims of employees until a decision on the legal person's termination of the insolvency proceedings. The Declaration of insolvency of the credit institution in the event the administrator has the right to submit the application for satisfaction of the claims of employees until the administrator or vendor meeting, according to the business of regulatory mandate set out in law decided on the termination of the insolvency proceedings. ';
Add to article 1.2 of the part as follows: "(12) if the administrator has submitted an application for insolvency administration employee recovery, legal person of the insolvency costs and the claims of creditors of the settlement plan drawn up after he received the insolvency administration information on the recovery of employees. The administrator shall submit an application to the Court for legal persons, the termination of the insolvency proceedings at the earliest after receipt of insolvency administration information about employees ' recovery. "
to complement the second subparagraph after the word "satisfaction" with the words "and the payment of the remuneration of an administrator".
6. in article 11: replace the first paragraph, the words "transferred to the administrator in the insolvency of the employer account for further pay employees" with the words "by transfer to a bank account paid employees";
replace the second paragraph, the words "paid employees assigned to the recovery of funds" by the words "adopted a decision on the allocation of funds to satisfy the claims of the employees".
7. transitional provisions: to replace in paragraph 5, the words "and article 5, first paragraph, point 4, article 8, paragraph 6 of part two, chapter VI transitional provisions of paragraphs 6 and 7" with numbers and the words "article 5, first paragraph, point 4 in the wording, as it was in force in 2011 December 31, article 8 of the second paragraph of point 6, chapter VI";
Replace paragraph 6, the words "for which the application is filed for insolvency in the Administration" with the words "where the insolvency of the employer at";
Replace paragraph 7, the words "application for recovery of employees insolvency administration" with the words "the insolvency of the employer at";
transitional provisions supplementing with 8, 9 and 10 in paragraph by the following: ' 8. This law shall apply where the article 5.1 in case of employer's insolvency at the time period from January 1, 2008 until 9 July 2009.
9. The recovery of the employer's insolvency at the time period from January 1, 2008 to July 9, 2009, applies the rules of this law on the employees of the recovery order in the wording, as it was in force December 31, 2011.
10. The recovery of the employer's insolvency at the time period from 10 July 2009 until 31 December 2011, this will apply rules of law on the employees of the recovery order in the wording, as it was in force in 2011 December 31, except for the transitional provisions of paragraphs 6 and 7. "
The law shall enter into force on January 1, 2012.
The law adopted by the Parliament in 2011 on 15 December.
The President a. Smith in 2011 December 29.