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/206961

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.) the following amendments: 1. Express article 8 the first paragraph by the following: "(1) employees as well as employers have the right to freely, without any direct or indirect discrimination based on one of this law, in the second paragraph of article 7 of these circumstances, to organise and to join to defend their social, economic and professional rights and interests and use these organizations."
2. 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) placement institutions as employer sends an employee to a person whose good work is to be carried out, if the company is located in another country or do their business in another country.
(2) the employee is sent for the purposes of this article 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) If an employee sent 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 on the provision of labour, in particular by recruiting institutions;
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.
(4) an employer who sends an employee to work in Latvia is obliged in writing before sending the employee to inform the national labour inspectorate about this employee sent, indicating: 1) employee's name;
2) startup time;
3 the expected duration of employment);
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) employee representative in Latvia who is authorized to represent the employer at the Latvian State institutions and courts;
6) a person whose good work is to be carried out (the recipient);
7) assurance that your employees who are third-country nationals legally working on the employer in a Member State of the European Union, European economic area country or the Swiss Confederation.
(5) an 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 and working conditions in accordance with the third paragraph of this article, in accordance with national laws or regulations governing the posting of workers.
(6) the provisions of this article shall not apply to Merchant Navy undertakings vessels. "
3. Express article 18, fourth subparagraph by the following: "(4) If the employers ' organizations or employers ' Association of the Organization in any industry employs more than 50 percent of employees or their trade turnover or volume of services of more than 60 percent of industry turnover of goods or services, ģenerālvienošan, which concluded the Organization of employers or employers ' organisations and employees ' Trade Union or Trade Union Association of employees (Union) , is binding on all the industry's employers and apply to all employees employed by the employer. For those employers and employees ģenerālvienošan shall enter into force the day of its publication in the newspaper "Gazette", if there are no other specific entry into force. In the newspaper "Ģenerālvienošan Latvian journal" published on the basis of a joint application of the parties. "
4. Supplement article 22, first paragraph, after the words "the general meeting (Conference)" with the words "except that a collective agreement entered into between the employer and the Workers Union, which represents at least 50 percent of the company's employees".
5. Article 29: Add to fifth with the sentence the following wording: "less favourable treatment pregnancy or maternity leave, or leave the grounds for granting a child's father considered direct discrimination based on sex.";
turn off the sixth paragraph, the words "comparable situation".
6. Supplement article 32 to the third part as follows: "(3) the announcement shall specify the employer — natural persons — first name and last name or business name of the legal person, or a recruitment firm that work organization of employers assess the suitability of the applicant and selects."
7. Replace article 34, first paragraph, the words "of one month" with the words "three months".
8. Add to article 40, the first paragraph with the words "before starting work".
9. Supplement article 41 with the third subparagraph by the following: "(3) if the employer does not provide a conclusion of a contract in writing and the employer or the employee can prove other labour relations, the duration of working time and wages, it is considered that the staff already employed in three months and he has set the normal working time and the minimum monthly wage."
10. Add to article 44 of the first part of paragraph 8 by the following: ' 8) professional or academic education institutions in learners ' work, if it is related to preparation for a particular profession or field of study. "
11. Make article 53 of the fourth subparagraph by the following: "(4) the employee sent on a business trip or travel, that time remains the place of work (position) and wages. If an employee has a certain chord, his salary paid average earnings. "
12. Replace article 60 in the third paragraph, the words "of one month" with the words "three months".
13. Express article 64 the following: "article 64. Certified statement relating to pay, the State social insurance compulsory contribution and employment relationship the employer after the employee's written request within five working days, the employee shall be issued a certificate for his pay, the State social insurance compulsory contribution, labour relations and the duration of the occupation. "
14. Express article 66 the following: ' article 66. Supplement for work involving a special risk (1) an employee who performs a particular risk-related work (work that in accordance with the risk assessment associated with increased psychological or physical capacity or increased risk of employee safety and health that cannot be eliminated or reduced to acceptable levels with other labour protection measures), determine the premium.
(2) the amount of the premium determined in collective agreements, work rules, the contract of employment or employer's order. "
15. Express article 71 the first sentence by the following: "paying out wages, the employer shall pay the calculation showing the wages paid, taxes withheld and carried out State social security payments, as well as hours worked, including overtime hours, during the night and holidays hours worked."
16. Article 74: turn off the first part of paragraph 9;
make the second sentence of the sixth paragraph the following wording: "the employee and employer agreement, the rest of the day can be assigned to another time."
17. Article 75: replace the fifth part number and the words "in article 73 of the first, second and fourth part" with a number and the words "74." in the first paragraph;
adding to the seventh paragraph after the words "from work payment for days worked" with the words "or" hours ".
18. Replace article 95 the second paragraph, the words "of one month" with the words "three months".
19. the express article 98 the second subparagraph by the following: "(2) where a continuing employment relationship pursuant to the employer's proposed amendments to the contract, reduce the employee's wages, the employer is obliged to pay the employee the wages fixed in advance, but if the employee's wages, a particular chord — the average earnings for one month after the amendment of the employment contract."
20. in article 101: adding to the first part of paragraph 11 with the following:

"11) employee temporary unfitness for work not more than six months, if the disability is continuous, or one year of a three-year period, if disability persists with breaks, this time not including maternity leave, as well as the disability period if incapacity due to accident at work or an occupational disease."
replace the third paragraph, the words "within six months" with the number and the word "12 months".
21. Article 103: replace the first subparagraph of paragraph 2, the words "and the numbers 1, 3, 5 or 7" with numbers and the words "1, 3, 5, 7 or 11.";
to complement the second subparagraph following the words "disability" with the words and figures "except this law, the first paragraph of article 101 of the cases referred to in paragraph 11".
22. Replace the fourth subparagraph of article 106, the number and the word "60 days" with a number and the word "45 days".
23. Article 107: replace the first part of the number and the word "60 days" with a number and the word "45 days";
replace the second paragraph, the words "and the number to 75 days ' with the words and the number" 60 days ".
24. Replace article 108 in the second subparagraph of paragraph 3, the words "and the number of children with disabilities under the age of 16 years" with the words "and the number of children with disabilities under the age of 18 years".
25. Article 109: make the third paragraph as follows: "(3) the employer shall not have the right to terminate the employment contract of an employee's temporary incapacity, except this law, the first paragraph of article 101 of the cases set out in paragraph 11, as well as the time when the employee is on vacation or does other justifiable reasons. These restrictions do not apply to this law, the first paragraph of article 101 of the cases set out in article 10. ';
to supplement the article with the fourth paragraph as follows: "(4) the employer is prohibited to terminate the employment contracts with the employees of this law, article 101, first paragraph, point 11 in case until recovery of capacity or disability determination, if incapacity due to accident at work or an occupational disease."
26. To replace the introductory paragraph of article 112 of the numbers and the words "6, 7, 8, 9 or 10, paragraph" with the figures and the words "6, 7, 8, 9, 10 or 11".
27. Express article 117, the first paragraph by the following: "(1) a company within the meaning of this law, the transition of the company or its independent, identifiable part (business entities) transfer to another party to the contract, administrative or legislative, court judgments, or any other basis arising between the parties beyond their contractual obligations, as well as a company merger, Division or transformation."
123. Article 28 to replace the second sentence of the third paragraph, the words "more than six months" with the words "gone more than one year".
29. the express article 129, the first paragraph by the following: "(1) an employer is bound by the written request of the employee, or a State or local government authority of its legitimate functions within three working days to issue a written statement of the employer and employee labour relations, the work carried out by employees, day and month average earnings, withholding, the State social insurance compulsory contribution and employment termination."
30. Replace article 131 the third paragraph, first sentence, the words "employees who are exposed to particular risks" with the words "employees whose work involves special risks".
31. Supplement article 133, with the fourth and fifth by the following: "(4) if the working week within one working day falls between the holidays and weekly rest period, the employer may set the working days for the holiday and to transfer it to the Saturday of the same week or any other week of the same month. Financed from the State budget institution employees, imposing a five-day work week from Monday to Friday, the Cabinet ordered the transfer of the working day for next year are issued not later than 1 July of the current year.
(5) where a staff member of your religious beliefs or other justified reasons cannot come to work on a working day, moved that day is considered the employee's annual leave days or, in agreement with the employer, it is atstrādāt the other time. "
32. Add to article 134 of the seventh paragraph as follows: "(7) If the employee does not set full time, his employment over time this work is permitted on the basis of the employer's and the employee's written agreement."
33. To supplement the article with 136 eighth as follows: "(8) If the employer is one working day, which falls between the holidays and weekly rest periods shall be determined for the holidays and move it to the Saturday of the same week or any other week of the same month, working days in the case of the relocation work is not considered to be overtime work."
34. the express article 137 the first part as follows: "(1) the employer shall have a duty to accurately enumerate each employee's hours worked overall, as well as overtime, night work, weekly rest and public holidays during the hours worked."
35. Make 140. article as follows: "article 140. The aggregated working time (1) If the nature of the work it is not possible to observe the employee in the normal daily or weekly working time, the employer shall, after consultation with the employee representatives shall determine the total time of the job to working time reference period does not exceed the employee the normal working time. If an employee has aggregated working time, the employer is obliged to inform the employee in writing, stating the duration of the reference period, as well as the time to acquaint employees with the work schedule.
(2) If a collective agreement or employment contract does not specify longer reporting period, total working time reference period is one month. The employee and the employer in the employment contract may agree on the length of the reporting period, but not longer than three months, but the collective agreement — not more than 12 months.
(3) Total working time within in any case forbidden to employ workers for more than 24 hours in a row and 56 hours a week.
(4) the work which the employee carried out over the reporting period, normal working time is considered overtime.
(5) If you have aggregated working time, rest time, an employee is granted immediately after the work is performed. "
36. Add to article 143 of the sixth subparagraph by the following: "(6) If the employer is one working day, which falls between the holidays and weekly rest periods shall be determined for the holidays and move it to the Saturday of the same week or any other week of the same month, the weekly rest period must not be shorter than 35 hours in a row."
37. Supplement 148. the first part of the article with the sentence the following wording: "in those cases do not have to take time."
38. Article 151 in the first paragraph: (1) be supplemented by the words ' disabled children "with the words" and the number up to 18 years of age ";
Replace in paragraph 2, the words "employees who are exposed to particular risks" with the words "employees whose work involves special risks".
39. Article 152: replace the first subparagraph of paragraph 2, the words "prenatal" with the word "pregnancy";
to supplement the first part of paragraph 5 with the following: "5) this law referred to in article 155 vacation time."
make the second paragraph as follows: "(2) the first paragraph of this article are not included during the period of parental leave and leave without pay, the conservation of which is longer than the four weeks in one year."
40. Article 153 off the first part of the first, second and third sentence, the word "(pagastties)" (the fold).
41. the express article 157, the second paragraph as follows: "(2) an employee or the public quest to organize the development and advocacy of the diploma granted 20 working days study leave with salary or without saving. If an employee has a certain chord salary, study leave granted, paying out average earnings or not paying it. "
42. The particulars in reference to European Union directives: off 1, 2, 6 and 10;
Add to the informative reference to the 20, 21 and 22 as follows: "20) of the European Parliament and of the Council of 4 November 2003, Directive 2003/88/EC concerning certain aspects of the organisation of working time;
21) of the European Parliament and of the Council of 5 July 2006, Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast version);
22) of the European Parliament and of the Council of 18 June 2009. directive 2009/52/EC laying down minimum standards on sanctions and measures against employers of illegally staying third-country nationals staying illegally. "
The law shall enter into force on the day following the notification.
The Parliament adopted the law of 4 March 2010.
President Valdis Zatlers in Riga V 2010 24 March