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/194598

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, 3. no) the following amendments: 1. Supplement article 5, paragraph 4, first subparagraph, the words "and the number to which the rights obtained not earlier than 12 months preceding the insolvency of the employer casual accession; ".
2. in article 5.1: turn off the first part of paragraph 2;
turn off third.
3. in article 8: replace the first paragraph, the words "insolvency administration" with the words "the State Agency" insolvency administration "(hereinafter insolvency administration)";
to make the second part of paragraph 6 by the following: "6) used the criminal law and the procedural law on the conduct of criminal proceedings the competent national authorities shall submit the application for employee claims guarantee fund for the compensation of damages from the Fund paid out cash if insolvency administration is recognized as specific victims in criminal proceedings."
4. Add to the first paragraph of article 14 with the following point 1.1: ' 11) funds from the employee claims guarantee fund required of a person for the recovery of average wages and related payments have increased in the last three labour relations months before termination of the legal relationship in comparison with average salaries in other months, within the 12 months preceding the termination of labour relations; ".
5. in article 15: to express the second subparagraph by the following: "(2) the finding of this law article 14 characteristics mentioned in the administrators shall adopt one of the following decisions: 1) decision on the report on the progress of the criminal proceedings, the responsible national authorities, to decide the question of criminal proceedings, and the refusal to grant the money in an insolvent employer to meet the claims of employees;
2) decision to refuse to submit a report on the progress of the criminal proceedings, the responsible national authorities. ';
turn off the third;
to make the fourth subparagraph by the following: "(4) if the criminal conduct of the responsible State institutions have refused to initiate criminal proceedings or criminal proceedings have been launched, insolvency administration after receipt of such a message, based on the repeated application of the administrator, within a month of submission of all required documents, shall decide on the recovery of the employee employee claims guarantee fund."
6. transitional provisions: to supplement paragraph 5 with the words and figures "except this law article 5, paragraph 4, first subparagraph, article 8, paragraph 6 of part two, chapter VI transitional provisions of paragraphs 6 and 7";
transitional provisions be supplemented with point 6 and 7 by the following: "6. The satisfaction of the claim on which the administration of the insolvency application filed during the period from 10 July 2009 until 31 December 2011, this law article 5, first paragraph, 1, 2, 3 and 4 and the second paragraph of article 5.1 of the rules laid down in this regulation, from the employee claims guarantee fund employee claims satisfy the following extent : 1) pay for the last three labour relations for months during the 12 month period prior to the insolvency of the employer, if calculated according to the requirements of the laws and a month does not exceed the event of the insolvency of the accession day of the national minimum monthly wage;
2) reimbursement for annual paid leave, to which the 12-month period prior to the insolvency of the employer, if calculated according to the requirements of the law, given that the income does not exceed a month joining the event of the insolvency of the day the national minimum monthly wage;
3) consideration of other types of paid absence for the last three labour relations for months during the 12 month period prior to the insolvency of the employer, if calculated according to the requirements of the law, given that the income does not exceed a month joining the event of the insolvency of the day the national minimum monthly wage;
4) severance pay the minimum prescribed by law to the extent to which the rights obtained not earlier than 12 months preceding the insolvency of the employer, if calculated according to the requirements of the law, given that the average monthly earnings do not exceed the event of the insolvency of the accession day of the national minimum monthly wage.
7. This law, article 5, first paragraph, 1, 2, 3 and 4 and 5.1 referred to in the second subparagraph of article upheld the claims of the employees, the associated State social security payment of employee shares and payment of individual income tax in total not exceeding four days of joining the event of the insolvency of the national minimum monthly wage per employee, if the application for recovery of employees insolvency administrations filed during the period from 10 July 2009 to 31 December 2011. "
7. Make the informative reference to European Union directives as follows: "Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 22 October 2008 the Directive 2008/94/EC on the protection of workers in the event of the insolvency of their employer."
The law shall enter into force on July 10, 2009.
The Parliament adopted the law of 18 June 2009.
President Valdis Zatlers in Riga 2009 g. on 9 July, the Editorial Note: the law shall enter into force by July 10, 2009.