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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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, nr. 3) follows: 1. Replace the words "the whole law of insolvency" (fold) with the words "insolvency event occurs" (the fold) and the word "application" (fold and number)-with the word "submission" (fold and the number). 2. To make the first part of article 2 in the following wording: "(1) for the purposes of this law, the employer's insolvency precludes the day of court the employer gave a legal person declares insolvency or bankruptcy of the credit institution." 3. in article 3, first paragraph: to make paragraph 1 by the following: "1") which are or have been in employment relations with the employer, which declared insolvency proceedings of a legal person, and where claims (creditor's claim) in the employer's insolvency administrator (hereinafter referred to as the administrator) adopted a decision on the recognition of the claim of the creditor and to include them in the register of claims of creditors "; Add to part with a 1.1 point as follows: "11") which are or have been in employment relations with the employer, which declared insolvency of the credit institution, and which claims (creditor's claim) administrator included a list of claims of unsecured creditors; ". 4. Supplement with chapter II article 5.1 as follows: ' (1) article 5.1 of the employee claims guarantee fund to a limited extent satisfied the claims of persons: 1) which are or have been working in legal relations with insolvent employer and which are or in the period of two years before the event of the insolvency of the employer is insolvent, the accession of the former employer's company, founders of the company or companies, the participants-shareholder or shareholders investors, members of the administrative organ (Executive Body) as well as prokūrist with decision-making powers; 2) for which the employee in connection with the recovery of the Cabinet of Ministers created the State Agency "insolvency administration" (hereinafter insolvency administration) is responsible for the conduct of criminal proceedings, State authorities issued the alert to decide the question of criminal proceedings, but within one year of receipt of the information on criminal proceedings initiated at the entry into force of the final ruling. (2) the amount of the claims of this article, the first part of paragraph 1 in the case of limited: 1) this law, article 5, first paragraph, 1, 2, and 3. staff referred to the amount of claims linking the Central Administration of statistics official statistics notification for the above private sector workers the previous year's average wage of about rounded full lats and what proportion attributed to this law, article 5, first paragraph, 1. 2, and 3. the period provided for in point (to take account of the accession of the event of the insolvency of the Central Statistical Bureau published the official statistics notification for the above amount of wages); 2) of this Act article 5, first paragraph, the employee referred to in paragraph 4, the amount of the claims linking the Central Administration of statistics official statistics notification for the above private sector workers the previous year's average wage of about rounded full lats and attributed to this law, article 5, paragraph 4, first subparagraph, in particular severance pay used to calculate the monthly average earnings (to take account of the accession of the event of the insolvency of the Central Statistical Bureau published the official statistics notification for the above wage scale). (3) the amount of the claims of this article, the first part of paragraph 2 in the case referred to in the limit: 1) this law article 5, first paragraph, 1, 2, and 3. the employee claims referred to the amount of leveraging the insolvency occurs a day minimum wage fixed in the country of which the proportion attributed to this law, article 5, first paragraph, 1, 2, and 3. the period laid down in paragraph 1; 2) of this Act article 5, first paragraph, the employee referred to in paragraph 4, the claim about the attraction of the event of the insolvency of the accession day national minimum monthly salary by the proportion attributed to this law, article 5, paragraph 4, first subparagraph, in particular severance pay used to calculate the monthly average earnings. " 5. To make article 6, second and third subparagraphs by the following: "(2) the business risk State duty for security staff to satisfy the claim of the employee claims guarantee fund, as well as in the area of insolvency law governing a specific purpose each year pay any employer for which a legal person may declare insolvency or bankruptcy of the credit institution to proclaim. (3) business risk duty will be payable by the employer for which the insolvency case. If solvency is restored, the fees paid in full all insolvency period. " 6. in article 8: replace the first paragraph, the words "the Cabinet of Ministers created the State Agency" insolvency administration "(hereinafter insolvency administration)" with the words "insolvency administration"; Add to 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 compensation of damages in the amount of the funds paid under this law, article 5.1 of the first paragraph of point 2, and the third part, if insolvency administration is recognized as specific victims in criminal proceedings." 7. Article 10: make the first paragraph by the following: "(1) the claims of the employees accept, verify and summarize the administrator who shall submit them to the administrators. The administrator shall submit the application for insolvency administration employee recovery: 1) which the employer declared insolvency legal person and having applied for the creditor's claim and the administrator, the administrator decides on each vendor's claim for recognition of their claims of creditors and included in the register; 2) which the employer declared bankruptcy and the credit institution having applied to the administrator and the administrator of the creditor's claim included the claims of unsecured creditors list. "; Add to article 1.1 part as follows: "(11) the Administrator has the right to submit the application for satisfaction of the claims of employees until the decision on the termination of the insolvency proceedings. If the employer of a judgment delivered in the insolvency process of a legal person, take into account, when the vendor meeting adopted the decision on the termination of the insolvency proceedings. The Declaration of insolvency of the credit institution concerned to take into account when a decision on termination of the insolvency administrator or creditors have accepted the meeting, according to the business of regulatory powers in the law. " 8. in article 11: replace the first part of the word "approval" by the words "award from employee claims guarantee fund"; make the second paragraph as follows: "(2) after the insolvency administration has paid to employees that are assigned to the recovery of funds from the employee claims guarantee fund, insolvency administration obtained: 1) claims about the assigned employee claims guarantee fund repayment of funds from the bankrupt employer's insolvency area of regulatory law; 2) unsecured creditor claims in accordance with the law regulating the activities of credit institutions. The amount of insolvency administration granted the employee for recovery from the employee claims guarantee fund, the administrator shall include the list of claims of unsecured creditors. "; make the second sentence of the third paragraph the following wording: "Administrator of the insolvent employer insolvency administration funds released from the employee claims guarantee fund to meet the claims of employees paid or the amount payable under the scope of the insolvency law governing the procedures of settlement of the claims of creditors or of the business of regulating the statutory procedure to cover the claims of creditors in bankruptcy proceedings. '; Add to article 3.1 part as follows: "(31) If the insolvent employer has proclaimed makes sātnespēj and credit for bankruptcy solution is approved for bailout from the employee claims guarantee fund to meet the claims of employees or paid the amount payable shall be the refund of insolvency administration of the insolvent employer funds provide recovery plan."; turn off the fifth. 9. Article 13: replace the first part of the word "approval" by the words "award from employee claims guarantee fund"; replace the second paragraph, the words "when paid employee claims approved by the amount of "with the words" never paid the employees assigned to the recovery of funds from the employee claims guarantee fund ". 10. To supplement the law with Chapter VI the following: "chapter VI procedure for eligible employees after the claims about the conduct of criminal proceedings, the responsible national authorities filed the report article 14 (1) of the administration of insolvency due to the recovery of the employee is entitled for the conduct of criminal proceedings, the responsible national authorities to submit a report, to decide the question of criminal proceedings, if, following the assessment of the submitted application for the administrators of employee claims , other necessary documents and the required information found in any of the following characteristics: 1) 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 in the months preceding the insolvency of the employer joining in comparison with average salaries in other months, within the 12 months preceding the insolvency of the employer's accession; 2) funds from the employee claims guarantee fund required of a person for the recovery of employer's insolvency at the time of year since the formation of the employer (legal status) now; 3) funds from the employee claims guarantee fund required a person to satisfy the claim that the employer's action in connection with the recruitment of staff at the same time found the following conditions: (a)) employment relationship with the employee commenced during the year before the bankruptcy, b) employer's total number of employees in the 12 months preceding the insolvency of the employer's accession has increased compared with the previous 12-month period , c) employer social insurance regulatory law within the State Revenue Department has not provided a report on the State social insurance payments from workers ' income, work on personal income tax and business risk duty in the reference month, news about workers and the State workers social security payment. (2) insolvency administration is empowered to interpret the first paragraph of this article features and to submit a report if the employee claims submitted for the purpose of cross-border insolvency case. In considering this article, paragraph 3 the first subparagraph "c" of the circumstances referred to in the insolvency administration verifies that the submitted report on self-employed or employers-the alien worker domestic worker, or an employer of foreign workers-an alien worker's social security contributions reporting quarter.  Article 15 (1) upon application by the administrator for employee recovery, insolvency administration assessed this law referred to in article 14. (2) within a month of the law referred to in article 14 characteristics detection insolvency administration decides on the conduct of criminal proceedings, the responsible national authorities to submit a report, to decide the question of criminal proceedings, and to suspend the administrative procedure and the date of insolvency administration will receive information about the particular criminal proceedings taken by the entry into force of the final judgment or decide on the refusal to submit a report on the progress of criminal proceedings by the responsible national bodies. (3) If within one year from the date of the responsible national authorities received information about criminal proceedings and towards the entry into force of the final judgment given in criminal proceedings, insolvency administration restores the administrative process and decide on the staff during the month of recovery from the employee claims guarantee fund in accordance with this law, the third paragraph of article 5.1 of the specific claims about employee limit. For the rest of the employee claims guarantee fund required the employee claim about the administrative parts of the process are not restored until the day when the insolvency administration receives information of a particular criminal proceedings taken by the entry into force of the final ruling. (4) if the criminal conduct of the responsible State institutions have refused to initiate criminal proceedings, insolvency administration a month from the receipt of such message shall decide on the allocation of funds for the insolvent employer to meet the claims of employees. " 11. transitional provisions be supplemented with paragraph 5 by the following: "5. The satisfaction of the claims of the employees that the employer's insolvency occurred until 2007 December 31 of this law, the rules on employee recovery procedures in the wording, as it was in force on 31 December 2007."
The law shall enter into force on January 1, 2008.
The law adopted by the Parliament in the 2007 December 13. President Valdis Zatlers in Riga V 2007 December 20.

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