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The Amendments To The Labour Law

Original Language Title: Grozījumi Darba likumā

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The Saeima has adopted and the President promulgated the following laws: the law of work done in the labour law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, no. 15; 2003; 2004, nr. 2, 5. no) the following amendments: 1. To supplement article 7 to the third part as follows: "(3) in order to facilitate the implementation of the principle of equal rights for the disabled, the employer is obliged to take necessary measures according to the conditions required for the to adjust the working environment, promote disabled people's opportunities to establish a working relationship, to perform job responsibilities, be increased in the post or sent on vocational training, in so far as such measures do not impose on the employer a disproportionate burden. "
2. 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."
3. Add to article 9 of the second paragraph by the following: "(2) If, in the event of a dispute the employee indicates circumstances that could justify the employer's generating unfavourable consequences, the employer has the burden of proof that the employee is not penalized if they are not directly or indirectly produce negative effects so that the employee labour relations within the permissible use of their rights."
believe the current text of article about the first part.
4. Replace article 14, fourth paragraph, the words "employment public services" with the words "National Guard and State labour inspection".
5. Article 29: to complement the second paragraph after the word "prerequisite" with the words "commensurate with the results achieved in the legal objectives";
to make the fourth and fifth by the following: "(4) for the purposes of this Act, discrimination constitutes harassment and instructions to discriminate.
(5) direct discrimination exists if in comparable situations the treatment of persons in the context of its membership to a specific gender is, was or might be less favourable than against the other person. ";
to supplement the article with the sixth, seventh, eighth and ninth subparagraph as follows: "(6) indirect discrimination exists if in comparable situations in a seemingly neutral provision, criterion or practice causes or may cause adverse consequences for persons of the same sex, except where such a provision, criterion or practice is objectively justified by a legitimate aim, which is to achieve the means chosen are proportionate.
(7) the harassment within the meaning of this law is a person's exposure to the point of view of this person's unwanted behaviour related to its membership at a certain gender, including sexual behaviour, if the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
(8) where different treatment is a violation of the prohibition and the prohibition to cause adverse effects, the employee in addition to the other rights set out in this Act have the right to seek damages and compensation for moral damages. In case of dispute, compensation for moral harm shall be determined at the discretion of the Court.
(9) this article 32 of this law, as well as the first paragraph of article 34, 48, 60 and the provisions of article 95, to the extent they do not conflict with the nature of the rights concerned, also applies to different treatment, depending on the employee's ban on race, colour, age, disability, religious, political or other belief, national or social origin, property or marital status or other circumstances. "
6. To express the second subparagraph of article 33 (1) of the following: "1) pregnancy, except where the employment contract is concluded for a fixed period and the proposed work or activity cannot be performed during pregnancy, or when the period of time in which the woman does not perform the work or occupation, is not commensurate with the work agreement;".
7. Article 34 be expressed as follows: "article 34. Different treatment violation of prohibition, establishment of an employment relationship (1) If, by establishing employment relationship, the employer violated the prohibition of different treatment, the applicant has the right to bring an action in court within one month from the date of receipt of the refusal of the employer to establish with their working relationship.
(2) if the employment relationship is not established with a different attitude, contravening the ban because the applicant is not entitled to require the establishment of these relations. "
8. Turn off the first part of article 35, paragraph 1 of the words and figure "(passport or birth certificate, if he is younger than 16 years)".
9. Article 37: adding to the seventh paragraph of the text by the following: "in any case, it is prohibited to employ pregnant two weeks before the expected birth and the woman two weeks after giving birth. The expected childbirth and maternity fact confirms the doctor's opinion. "
to make an eighth of the following: "(8) a foreigner (a person who is not a Latvian citizen or non-citizen) allowed to employ only if he has a work permit, except as required by applicable law."
10. Express article 44, first paragraph, point 7 by the following: ' 7) intended for the unemployed paid temporary public or other work in connection with his participation in the active employment measures or work related to the implementation of the measures of the active employment. "
11. Make the text of article 48 as follows: "If the employer, praising the employment contract during the test, disparate treatment violated the ban, an employee has the right to bring an action in court within one month from the day when he received the notice of the employer."
12. Put article 68 the following: ' article 68. Bonus for overtime work or work on a public holiday (1) an employee who performs overtime work or work on a public holiday shall receive not less than 100 percent from him in certain hours or days of salary rate, but if the contracted salary, the chords, not less than 100 percent of akorddarb pricing for your work.
(2) a collective agreement or employment contract may prescribe a higher premium for overtime work or work on a public holiday. "
13. Add to article 75 of the fifth paragraph after the first sentence with the following sentence: "If the employee has an aggregated working time, the average daily earnings calculated on the last six months wages divided by the total amount in this period, the number of hours worked and multiplying by eight (the employee's normal daily hours of work time).";
turn off the tenth.
14. Article 82: replace the words "an infectious disease" with the words "which presents or may present a risk to his or other people's safety or health";
to supplement the article with the second part as follows: "(2) the expenses associated with the health inspection shall be borne by the employer.";
believe the current text of article about the first part.
15. Express article 95 the following: ' article 95. Different treatment of violating the ban, determining working conditions, professional training or raising the post (1) If an employer, in determining conditions of work or vocational training, different treatment violated the ban, the employee has the right to request the termination of such different treatment.
(2) If the employer in determining working conditions, vocational training, or increasing, different treatment violated the ban, an employee has the right to bring an action in court within one month from the day when he learned or had to know about the different treatment a violation of the ban. "
16. Make 100. the second subparagraph by the following: "(2) an employee who is employed in paid temporary public or other work in connection with his participation in the active employment measures, have the right to terminate the employment contract in writing one day beforehand."
17. Add to article 101 of the fourth part of the first paragraph, after the words "the" and the number "6.".
18. Supplement article 105 with a new second subparagraph by the following: "(2) in calculating the number of employees shall take into account also the employment termination cases where the employer is not a contract of employment," but the employment relationship is terminated on other grounds not related to the employee's behavior or abilities and what has contributed to the employer. ";
consider the second part of the third part.
19. Article 106 fourth paragraph: replace the words "the State employment service" (fold) with the words "the State employment agency" (fold);
Add to the second sentence, after the word "take" with the words "as well as provide information about this article in consultation with the representatives of the employees".
20. Replace article 107, first and second paragraph, the words "State of employment" (the fold) with the words "the State employment agency" (fold).
21. Supplement article 109, second subparagraph, after the words "this Act" with a number and the words "article 47 in the first paragraph and".
22. in article 115: make the name of the article as follows: "article 115. Third-party application and the judgment of the Court of Justice ";
to supplement the article with the third and fourth subparagraph by the following:

"(3) the employment relationship ceases as of the date of the entry into force of the legal judgment of the Court of Justice, to which the employee for committing a crime are sentenced to deprivation of liberty, or arrest, imposed for 30 days or more, unless the employee is convicted conditionally.
(4) the Court replacing the fine imposed to arrest or deprivation of liberty, the working relationship ends (if the attachment set for 30 days or longer) with the date of the decision of the Court. "
23. Make 136. fifth article as follows: "(5) overtime should not exceed 144 hours in a period of four months."
24. the express article 137 the first part as follows: "(1) the employer shall have a duty to accurately enumerate each employee's hours worked and overtime, including during the night, the weekly rest time and holiday hours worked."
25. To complement the article 138 of the sixth subparagraph following the words "feeding time" with the words "If there is a doctor's opinion that the work poses a risk to the woman or her child's safety and health".
26. Replace 143 in the fourth paragraph of article names and number "by employee choice giving the rest to another day of the week or paying out compensation under this law, the provisions of article 68" with the words "giving him the rest another time."
27. in article 145: make the first paragraph by the following: "(1) every employee is entitled to a break from work, if his daily working time is longer than six hours. Adolescents are entitled to a break from work, if their working time is longer than the four-and-a-half hours. ";
Add to the second part of the sentence the following wording: "if possible, the boy breaks committed when he worked for half of the contracted daily work time."
28. the express article 146 of the fourth subparagraph by the following: "(4) breaks for feeding the child counted as working time, saving for this time pay. Employees whose salary of a certain chord, for this time the average earnings is paid. "
29. in article 148: replace the words "appropriate actions" with the words "relevant work or occupation";
to supplement the article with the second and third subparagraphs by the following: "(2) this law, article 138, first paragraph, the first paragraph of article 142, 143 of the first paragraph and the provisions of article 145, under the occupational safety and health, as well as ensuring sufficient rest, may not apply to employees who are employed in a company that provides passenger and freight road transport, by air or inland waterway, and which job or occupation related to the trip or the movement.
(3) the second paragraph of this article shall not apply to employees who perform work in the city's public transport vehicles. "
believe the current text of article about the first part.
30. Add to article 149 of the sixth subparagraph by the following: "(6) the amount of paid leave after the employee has the right to working conditions and improvement of terms of employment to which he would be entitled if he had not been on leave. This provision shall also apply to this law, 151, 153, 154..., 156, 155 and 157. leave referred to in article, as well as to the employee's disability time or working time not another valid reason. "
31. Supplement article 154 to fifth the following: "(5) the woman uses pregnancy or maternity leave, your previous work. If this is not possible, the employer provides similar or equivalent job with the woman not less favourable conditions of work and terms of employment. "
32. Supplement article 155 to the sixth part as follows: "(6) the Children's father, adoptive parent or other person who has actual care of the child and which uses the leave referred to in this article, your previous work. If this is not possible, the employer provides similar or equivalent job with the children's father, adoptive parent or other person who has actual care of the child, no less favourable conditions of work and terms of employment. "
33. Article 156 of the Present fourth part of the second sentence as follows: "If this is not possible, the employer provides similar or equivalent work with no less favourable to the employee working conditions and terms of employment."
34. Express transitional provisions in paragraph 3 by the following: "3. If the contract of employment will welcome the article 100 of this law in the fifth subparagraph, article 101, first paragraph, 6, 7, 8, 9 or 10 in the cases and in the collective agreement or the employment contract does not specify a higher severance pay, until 1 January 2005 the employer paid severance pay of one month's average earnings."
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament in 2004 on April 22.
State v. President Vaira Vīķe-Freiberga in Riga, may 7, 2004 an editorial added: the law shall enter into force by May 8, 2004.