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/ta/id/232644

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 no) the following amendments: 1. in article 4: Supplement to the second part of the article as follows: "(2) if the contract of employment concluded with the employee workforce assurance provider to fixed-term staff appointed to perform work requested labour provisioning services and management, as the employer considered the provision of labour services provider.";
believe the current text of article about the first part.
2. Supplement article 7 of the fourth and fifth by the following: "(4) the provision of workforce service provider as it is the responsibility of the employer to the employee for a specified period designated to carry out the work of providing labour service company, to provide the same working conditions and to apply the same terms of employment, which ensure appropriate employee and where the legal relationship between the employee and workforce assurance services should be established immediately and the employee do the same job.
(5) in the fourth paragraph of this article, these working conditions and terms of employment refers to the working and rest time, pay, to pregnant women, women who have recently given birth to one year, women who are breastfeeding, to children and adolescents, as well as specific protection to the equal rights principle and different treatment principle. "
3. Add to article 10 the fifth subparagraph following the words "a certain time" with the words "as well as employees who provide services within labour for a period of time in the work of the Organization".
4. To make the first paragraph of article 11, paragraph 1 of the following: "1) to request and receive information from the employer about the company's current economic and social situation and potential changes to it, as well as relevant information on the provision of labour services provider posted business conditions;".
5. in article 14: make the first part of paragraph 3 as follows: "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 will it operate in another country;"
make the third subparagraph of paragraph 4 by the following: "the rules on labour force 4), especially with the provision of workforce service provider;".
6. Add to article 28 of the fourth, fifth and sixth the following: "(4) if the employee workforce assurance service is designated to carry out the work of providing services of labour and management, provision of labour services is the responsibility of the beneficiary during the period of the employee to provide safe and healthy working conditions under the labour protection laws and regulatory requirements, except for the compulsory health checks.
(5) the provision of workforce service provider employee during the period of responsibility of the workforce to the recipient of the service provision for loss suffered in accordance with the provisions of the law on compensation for damage suffered by the employee.
(6) the provision of the services of the labour force during the period of posting the answer to labour security service employee for loss suffered in accordance with the provisions of the law for an employer to compensate losses suffered. "
7. Supplement article 35 the third part as follows: "(3) in preparing the employment contract, the employer is obliged to require foreigners to show a visa or a residence permit, as well as work permit, if consistent with the laws and such permission is required. This provision does not apply to European Union citizens and persons who have the right of free movement in the European Union, the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006 establishing a Community code on the rules governing the movement of persons across borders (Schengen borders code), article 2, paragraph 5. "
8. Article 37: put the name of the article as follows: "article 37. Employment prohibitions, restrictions and responsibility ";
turn off the eighth paragraph, the words "(a person who is not a Latvian citizen or non-citizen)";
to supplement the article with the ninth, tenth and eleventh subparagraph by the following: "(9) is prohibited to employ a person who is not entitled to reside in the Republic of Latvia.
(10) the employer shall not be liable for any person who is not entitled to reside in the Republic of Latvia, if the employer has complied with article 35 of this law in the third paragraph, and article 38, second paragraph, the obligations, except where the employer knew that the reported document certifying the person's right to reside in the Republic of Latvia is forged.
(11) to the administrative responsibility for a person who is not entitled to reside in the Republic of Latvia, is also called the person as a subcontractor of the employer is directly passed full or partial performance of a contract, as well as the person who has the original contract holder, and any other subcontractors involved, if they are of such unlawful employment knew, except when they have made the necessary steps to prevent such illegal employment. "
9. Article 38: Supplement to the second part of the article as follows: "(2) the employer shall have a duty to ensure this law, article 35 of the document referred to in the third subparagraph or of copies of relevant information across the entire storage time of employment of foreigners and their presentation at the supervisory and control body of the request.";
believe the current text of article about the first part.
10. Add to article 40 to eighth by the following: "(8) where the contract of employment shall be concluded for the provision of labour services provider as employer and employee to do the work of ensuring the workforce and a recipient of the service, in addition to the second paragraph of this article, the particulars referred to indicate that the employer's labor assurance service provider, as well as the fact that the employee performs the work, is obliged to comply with the provision of services of labour also requested a specific agenda and orders in so far as they do not conflict with the employer's orders. "
11. Add to article 74 of the seventh paragraph as follows: "(7) Manpower provision service provider employee in between assignments regardless of the agreed working time paid compensation, which shall not be less than the national minimum monthly wage, in proportion to the period of time between assignments."
12. Supplement to chapter 19 article 75.1 by the following: ' article 75.1. Wage costs, if the employed person is not entitled to reside in the Republic of Latvia (1), if an employer employs a person who is not entitled to reside in the Republic of Latvia, he is obliged to pay the person for all outstanding wages.
(2) If the person is not entitled to reside in the Republic of Latvia, is employed by an employer, which is passed as a subcontractor of full or partial execution of the contract, the first paragraph of this article are not paid wages costs jointly and severally responsible employer and the person who the employer is directly passed full or partial performance of a contract.
(3) If the employer is a subcontractor, which as passed full or partial execution of the contract, has already employed the person who is not entitled to reside in the Republic of Latvia, the first paragraph of this article are not paid wages costs jointly and severally with the employer is the responsibility of the person who has the original contract holder, and any other involved subcontractors if they of such unlawful employment.
(4) where a person who, as a subcontractor of the employer is directly passed full or partial performance of a contract, as well as the person who has the original contract holder, and any other subcontractors involved have taken the necessary measures to prevent the employment of persons who are not entitled to reside in the Republic of Latvia, they are jointly and severally responsible for the first paragraph of this article are not paid wages. "
13. Add to article 90 of the fourth paragraph after the words "such notes or reprimand the abolition of" with the words "year of notes or reprimand of the day".
14. Chapter 24 be supplemented with article 96.1 of the following: ' article 96.1. Labour security service provider in the seconded employee's special rights (1) the provision of labour services shall inform the assurance provider of workforce in the seconded employees for open positions in the company.

(2) the provision of labour services provider posted employee is entitled to use the labour service company providing the convenience of sharing rooms or other facilities, as well as transport services under the same conditions as employees with whom the provision of labour services provider founded a business relationship directly, unless the difference in treatment can be justified by objective reasons.
(3) agreements that prohibit or limit the provision of labour services provider in the seconded employee rights to establish a working relationship directly with the assurance of labour services, not force. "
15. off the second part of article 104.
16. transitional provisions be supplemented by the following paragraph 11: "11. This law, informative references to the directives of the European Union point 8 shall cease to be in force 8 March 2012."
17. Add to the informative reference to directives of the European Union with 23 and 24 by the following: "23) of the European Parliament and of the Council of 19 November 2008/104/EC, the directive on temporary agency work;
24) Council of 8 March 2010-2010/18/EU directive implementing the revised BUSINESSEUROPE, UEAPME, CEEP and ETUC on parental leave and repealing Directive 96/34/EC. '
The law adopted in Parliament 16 June 2011 State President Valdis Zatlers in Riga V 2011 July 6.