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, no. 22) the following amendments: 1. Express article 3 first paragraph as follows: "(1) from the employee claims guarantee fund satisfied the claims of persons which are or have been in employment relations with the employer, which declared insolvent, if these claims are included in the creditors ' meeting approved the list of claims of unsecured creditors. "
2. in article 4: turn off paragraph 6;
to supplement the article with the second part as follows: "(2) the employee claims guarantee fund meet claims for those the State social insurance compulsory contribution and personal income tax payments related to the costs referred to in this article.";
believe the current text of article about the first part.
3. in article 5: make the first part of paragraph 4 and 5 by the following: "4) severance pay of the minimum amount prescribed by law;
5) damages for all the outstanding period; ";
Add to the first part of paragraph 6 by the following: ' 6) the amount of compensation three years ahead. "
to supplement the article with the third part as follows: "(3) the employee claims for damages due to accident at work or an occupational disease are satisfied, if the accident at work or the occupational disease occurred for up to 1 January 1997, as well as if the former employee is not considered as insured persons in accordance with the law" on compulsory social insurance against accidents at work and occupational diseases, occupational disease " that is due to the work of this employee's harmful working conditions before January 1, 1997, found after January 1, 1997. "
4. Replace article 8, first paragraph, the word "Finance" with the word "financial".
5. Add to article 10 the first paragraph with the sentence the following wording: "administrators are entitled to submit applications for the administration of the insolvency claims by employees only if the list of claims of unsecured creditors has been approved at a meeting of creditors, and only until it ruled on the termination of the insolvency proceedings."
6. in article 11: make the first, second and third subparagraph by the following: "(1) After satisfaction of the claims of the employees to be paid shall be the amount of insolvency administration approval of State compulsory social insurance contributions, personal income tax and the amount of compensation for three years ahead of the legislation included in the forecasts, but the amount payable for employees transferred to the administrator in the insolvency of the employer account for further payment to employees.
(2) after the approved employee paid claims amounts insolvency administration obtained: 1) first priority creditor creditor creditor's rights group in accordance with the law on the insolvency of undertakings and companies ";
2) meet the creditor's rights in accordance with the law of credit institutions or insurance undertakings and the supervision of the law.
(3) the Insolvent employer has the duty of the administrator in the insolvency of the employer funds to repay the funds to the administrators that it paid employees satisfy their claims. Administrator, satisfying one group claims of creditors, insolvency administration first released the money, which it has granted to satisfy the claims of employees. "
replace the fifth paragraph, the words "insolvency administration" amounts paid in by the words "to satisfy the claims of employees insolvency administration or the amount payable shall be paid".
7. Express transitional provisions of paragraphs 1 and 2 by the following: ' 1. Until 31 December 2004 this Act article 5, first paragraph, 1, 2, 3, and 4 above, the employee shall claim the associated State social security payment to the employee and individual income tax payment amount may not exceed 1000 LVL for one employee.
2. the provisions of this Act do not apply to those employees that the employer's State of insolvency of a decision has been taken before the date of entry into force of the law. "
8. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from Directive 80/987/EEC."
The law adopted by the Parliament in 2003 on 18 December. 
State v. President Vaira Vīķe-Freiberga in Riga 2004 January 7, editorial comment: the law shall enter into force by January 21, 2004.

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