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 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; 2010, no. 47; 2011, 62, 103 no; 2012, 108 no). the following amendments: 1. Express article 32 the third subparagraph by the following: "(3) the announcement shall specify the employer — natural persons — first name and last name or the name of a legal person (company) and the registration number, or it recruitment company name (business name) and the registration number of the employer who evaluated the suitability of applicants to the task and make a selection." 2. To make the third part of article 35, the first sentence by the following: "preparing the employment contract, the employer is obliged to require that a foreigner shall produce a visa or residence authorisation, stating that the rights granted to foreigners on employment, except as required by applicable law, when proof of the right to employment at a specific employer and for the particular specialty (occupation) is not necessary." 3. Article 37: Add to the second part of the sentence the following wording: "to children at the age of 15 years who continues to get basic education, apply the fourth paragraph of this article, the provisions on the employment of adolescents." to make an eighth of the following: "(8) foreigners allowed to employ only if he is granted the right to employment, the corresponding entry visa issued to foreigners, or residence permit, except as required by applicable law, when proof of the right to employment at a specific employer and for the particular specialty (occupation) is not necessary. This provision does not apply to European Union citizens and persons who have the right of free movement in the European Union, the European Parliament and of the Council of 15 March 2006, Regulation No 562/2006 establishing a Community code on the rules governing the movement of persons across borders (Schengen borders code), article 2 (5). "; Supplement to the twelfth article as follows: "(12) the employer not the employee at work agreed tolerances, if an employee is unable to perform the contracted work for health reasons and the doctor's opinion. The employer is obliged to pay the employee, article 74 of the law on the third part of the consideration for a specified period that the employee has admitted to work. " 4. Article 40: make the second paragraph of paragraph 1 by the following: "1) employee's name, ID number (foreigner who does not have a social security number, date of birth), residence, employer's name (name), a personal number (foreigner who does not have a social security number, date of birth) or registration number and address;" to supplement the article with the ninth, tenth, eleventh and twelfth, as follows: "(9) employment agreement does not contain provisions on the foreign language proficiency, if it is not reasonably necessary in the performance of job responsibilities.
(10) the contract is concluded in the State language. If the employee is a foreigner who is not fluent enough in the language of the country, the employer is obliged to inform the employee in writing to him in plain language about the provisions of the contract of employment. (11) the employer has a duty to ensure the sealed contract reporting by the supervisory and control body of the request. (12) the cabinet shall determine the ways in which the business of an employer is bound by a contract of employment, an employee of the service to the employee's licence, as well as the information to be included in the employee's certificate and the certificate is issued. " 5. Turn off the third subparagraph of article 44. 6. Express 45. the first paragraph by the following: "(1) To determine the time of the conclusion of the contract deadline may not be longer than five years (including the extension), if another is not defined in the law, another employment contract expired. On the extension of the contract of employment shall be considered also the conclusion of a new contract of employment with the same employer if the period of previous employment contract date to the new work for the day of conclusion of the contract legal relations have been continuous for more than 60 consecutive days. " 7. Supplement article 58 with the sixth part as follows: "(6) the employer is obliged to issue a written order for the employee to which the employee is suspended from work." 8. Express article 61 the second subparagraph by the following: "(2) the minimum monthly wage of about normal working time, as well as the minimum hourly rate calculation is determined by the Cabinet of Ministers." 9. Add to article 62, third subparagraph following the words "throughout the feeding time" with the words "but not longer than until the child is two years of age". 10. Add to article 69, the fourth part of the sentence by the following: "at the written request of the employee payment for vacation time and pay for time worked to leave, may cost you another time, but no later than the next business day of pay costs." 11. Article 74: adding to the first part of paragraph 2, the words "or blood components"; replace the first subparagraph of paragraph 6, the words "in the public prosecutor's Office, court or participate in the hearing as the judge" with the words "in the public prosecutor's Office or court"; express the sixth part as follows: "(6) an employee at the blood or blood components for transfer of medical institution is entitled to the rest of the day. Employee and employer agreement, the rest of the day can be assigned to another time, but no later than one year following the blood or blood components for transfer of medical institution. The employer has the obligation to pay no more than five days following the calendar year, paying out in the third paragraph of this article if specified in the contract of employment or a collective agreement does not specify a larger number of days paid holiday. " 12. Article 75 of the expression as follows: "article 75. The average earnings calculation (1) in all cases where the employee under this Act shall be paid average earnings, it calculated for the last six months of the calendar from the salaries of the law, collective agreement or employment contract in the premium, as well as premiums. (2) If the last six months or more, the employee has worked and been paid him wages, average earnings for the calculation of wages for the work within six calendar months prior to the eligible out of the start. If an employee before the eligible period of absence has worked less than six months, the average earnings for the calculation of wages for the period that the employee has worked. If the calculated average monthly earnings for work within the normal working time is less than the current minimum monthly salary, average monthly earnings shall be paid the current minimum monthly wage. (3) monthly average earnings calculated on the daily average earnings multiplied by the monthly average number of working days in the last six calendar months (adding the day's work of the last six calendar months and the total divided by six). (4) average daily earnings calculated on the last six calendar months wage divided by the total amount in this period, the number of days worked. If an employee has aggregated working time, the average daily earnings calculated on hourly average earnings multiplied by the average number of hours working day, calculated, in the last six months the number of hours worked divided by the number of calendar work days (except for justified absence) in the last six months. The number of days worked does not include temporary disability days, vacation days and the day on which the employee has made the work of article 74 of this law in the first and sixth in the cases referred to in part. (5) hours, the calculation of average earnings in the last six calendar months wage divided by the total amount in this period, the number of hours worked. (6) If an employee is employed for less than six months, days or hours the average earnings calculation of wages for days or hours worked, respectively, the total divided by hours worked during that period, the number of days or hours. This provision shall also apply if the employee is employed for less than six months after at least 12 months of absence, eligible. (7) the average earnings amount to be paid is calculated by the day (hours, months) average earnings multiplied by the day (hours, months) for which the employee is to be paid to the average earnings. (8) The amount of paid vacation or paid leave time payable payment amount calculated in days or hours the average earnings multiplied by working days or hours of vacation time. " 13. Express 80. article as follows: "article 80. Of the wage deduction restrictions to be

(1) If according to this law, article 79, first paragraph the employer make deductions from employee wages payable to compensate the employer for damage, these deductions may not exceed 20 percent of the employees to be paid to the monthly wage. In any case, keep employee pay minimum monthly wage and per dependent minor children features the State social security benefit. (2) in accordance with the execution of documents be made deduction from the amount of pay determined in accordance with the law of civil procedure. (3) it is prohibited to make deductions from severance pay, remuneration for employee expenses and other amounts to be paid to employees under the law of civil procedure may not bring recovery. " 14. To turn off the second part of article 85. 15. Article 90: replace the third paragraph, first sentence, the word "six" with the number "12"; adding to the third paragraph with the sentence the following wording: "the employer is obliged to issue a written order to the employee that the employee is expressed in a note or a rebuke."; to make the fourth subparagraph by the following: "(4) the employee has the right to require the note or reprimand the cancellation a month from notes or reprimand the day of this law, in article 94(1)." 16. Article 96 of the expression as follows: "article 96. Professional training or qualifications (1) employee, stopped working, sent to vocational training or to raise qualifications, save the job. With vocational training or skills-related costs shall be borne by the employer. (2) if the professional training or qualifications improvement measures be considered, under the circumstances is related to an employee's work to be done, but such vocational training or skills (improving the competitiveness of the employee) is not a determining role in the execution of the contracted work, employer and employee may enter into a separate agreement for employee professional training or qualifications and related expenses (hereinafter referred to as the agreement on training). (3) the employer shall have the right to require the employee to pay the employer costs for employee training or professional qualifications, which took place under the second subparagraph of this article referred to in the agreement, if the employee resigned before a contract agreement before the expiry of the period provided for, with the exception of this law article 100 in the fifth part of the event. (4) the employer and employee on training arrangement is permissible only if that agreement complies with the following characteristics: 1) employee agrees to participate in such a professional training or qualifications; 2) agreement term shall not exceed two years from the date of Education issued a document certifying professional training or qualifications; 3) is commensurate with the duration of the arrangement of vocational training or skills of the amount of costs and expenses; 4) the amount of money that the employee must pay in accordance with this agreement, does not exceed 70 per cent of vocational skills training or expenses; 5) recoverable amount of money in the contract notice in the case until the end of the term of the arrangement are reduced in proportion to the days which the employee worked, after the term of the arrangement started. (5) the agreement on training those in writing, indicating: 1) agreement; 2) with vocational training or skills-related employer expenses the maximum amount; 3) vocational training or skills detailed description (type, location, time, etc.); 4) the order in which you want to delete with the professional training or skills-related expenses of the employer pursuant to the fourth paragraph of this article 5. (6) the agreement on training is not effective if it concluded with a minor, a person with limited capacity or other mental health problems as well as when agreement concluded during the investigation or on the employee's professional training or qualifications, which according to laws or regulations is to ensure the employer. (7) if the total expenditure for vocational training or skills during the year does not exceed the national minimum wage, the employer is not entitled to claim such reimbursement, except that this article is referred to in the eighth. If vocational training or skills total expenditure during the year exceed the national minimum wage, the employer has the right to require the employee to pay the employer portion of expenses that exceed the national minimum wage. (8) if the employee, except article 100 of this law in the cases referred to in the fifth subparagraph, praised the work contract at a time when, on the basis of the employer's and the employee's agreement, concluded the implementation of professional training or qualifications, or employee terminated professional training or qualifications of the unlawful act, the employer has the right to require the employee to pay all actual expenditure for vocational training or qualifications, which the employer cannot recover from training or skills of the service provider. (9) the employee's waiver of this referred to in the second subparagraph of article vocational training or skills not in itself constitute grounds for notice of the contract of employment or other employee disqualification. " 17. Replace article 96.1, second paragraph, the words "provider founded by" with the words "founded" the recipient. 18. Supplement article 101, first paragraph after paragraph 11 the words "accidents at work" with the words "which cause work-related environmental factors". 19. Replace the fourth subparagraph of article 106 the number "45" with the number "30". 20. Replace article 107, first paragraph, the number "45" with the number "30". 21. Article 109: to supplement the first subparagraph following the words "throughout the feeding time" with the words "but not longer than until the child is two years of age"; to complement the second part after the number "5" with the number "6". 22. Supplement to chapter 26 article 112.1 by the following: ' article 112.1. Notice notification

(1) a Notice to the other party may be served personally or delivered on the spot with the Messenger, including the sworn bailiff, as well as using the postal operator's services. Notice to the other party can also be sent by electronic mail, using a secure electronic signature, if defined in the labour contract or collective agreement. (2) if the notice on the other party's employment contract contains the address sent by registered mail, a notice shall be deemed to have been received on the seventh day of service at the post office. Notice shall be deemed to have been received on the seventh day of service at the post office, even if the other party notice actually received earlier. The presumption that the notice has been received on the seventh day of service at the post office, the beneficiary can be rebutted by pointing to the objective circumstances independent of the will of the recipient were an obstacle to receive notice at the above address. In the event of a dispute, the party that sent the notice by registered mail, have a duty to prove that the notice was sent. (3) if the notice on the other party's employment contract contains the e-mail address sent by electronic mail, using a secure electronic signature, notice shall be deemed received on the second business day after it was sent. The presumption that the notice was received on the second working day after sending it by electronic mail, the recipient can be rebutted by pointing to the objective circumstances independent of the will of the recipient were an obstacle to receive notice at the above address. In the event of a dispute, the party that sent the notice by electronic mail, has a duty to prove that the electronic document is sent. " 23. in article 115: make the name of the article as follows: "article 115. Third-party request, the Court ruling and non-compliance with the requirements of the law "; to supplement the article with a fifth by the following: "(5) the employer shall terminate the employment relationship with the employee if the employment of an employee is prohibited by law and is not possible with the consent of the employees they employ another job at the same or another company." 24. Supplement article 128 in the first part of the sentence the following wording: "If a contract is cancelled by article 100 of this law in the fifth subparagraph, article 101, first paragraph, point 2 or 4 cases, the employee due to the amount of money paid not later than the day following the date of dismissal, if this amount is not possible on the day of leaving." 25. Add to article 132 of the second subparagraph of paragraph 2 with the words and figures "but, if the child reached the age of 15, not more than seven hours a day and no more than 35 hours a week." 136. Article 26: to make a fifth by the following: "(5) overtime shall not exceed an average of eight hours in a seven day period, calculated in a period not exceeding four months." to complement the seventh subparagraph following the words "throughout the feeding time" with the words "but not longer than until the child is two years of age". 27. Add to article 138 of the third paragraph of the sentence by the following: "night workers whose work involves special risks, prohibited to employ more than eight hours per 24-hour period in which he made the night work, but this provision after consultation with employee representatives may not apply this law article 140, in the cases referred to in the second subparagraph." 28. 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 may provide aggregated working time to the working time does not exceed the period the staff member concerned 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) the statutory daily and weekly rest periods, the duration of the total working time may not be applied where: 1) to the employee on the way to work is to spend a long time; 2) shall keep guard or surveillance activities; 3) the nature of the need to ensure continuous progress of work; 4) employee performing seasonal work; 5) business is expected to amount to a temporary expansion or increase in the volume of production. (3) 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. (4) Total working time within in any case forbidden to employ workers for more than 24 hours in a row and 56 hours a week. Periods of rest granted to employees immediately after working out. (5) the work which the employee carried out over the reporting period, normal working time is considered overtime. (6) If you have aggregated working time, the employer shall ensure that during the period 24-hour rest period not less than an average of 12 hours per day and a weekly rest period of not less than an average of 35 hours a week, including a 24-hour rest period. (7) the employer shall not be entitled to amend the specific employee work schedule of the employee's temporary incapacity, as well as the time when the employee is not supporting the work of other reasons. " 29. in article 143: expressing the fourth part of the introductory paragraph as follows: "(4) the employee to the employer's written order may involve work in the rest of the week, giving him the equivalent compensatory rest and by providing no less than two of this article referred to in the first paragraph for the weekly rest period in any 14-day period, in the following cases:" Supplement fifth with the words "but no longer than until the child is two years of age". 30. Article 147 of the expression as follows: "article 147. Temporary absence (1) the employer shall ensure the possibility of a pregnant woman leave the work site to perform a health check on prenatal period, if such verification cannot be performed outside working hours. (2) the employee has the right to temporary absence when his immediate presence is impossible for reasons of force majeure, fortuitous event, or other exceptional circumstances. (3) a staff member whose care is a child under 18 years of age, has the right to temporary leave the child's illness or accident, as well as to participate in child health examination if such verification cannot be performed outside working hours. (4) a temporary absence for the employee timely notice to the employer. Temporary absences cannot justify an employer's right to terminate the contract of employment. " 31. Article 149: Add to the fourth paragraph by the words "but no longer than until the child is two years of age"; Supplement fifth with the sentence the following wording: "the employer is obliged to pay the remuneration for the entire period for which the employee has used the annual paid leave." 32. Article 151: replace the first subparagraph of paragraph 1, the words "which are" with words that care is ";

to supplement the first part of paragraph 3 with the following: "3) employees who care less about the three children under the age of 14 years, not less than one working day. '; to supplement the article with the third part as follows: "(3) the annual paid leave of moving or extending the employee's temporary incapacity occurs." 33. Article 153: Supplement to article 1.1 and 1.2 in part as follows: "(11) the employer shall grant leave without pay to save, if requested by the employee, who like audžuģimen or guardian care of children, as well as the employee who, according to decision of the family courts actually nurtured and brought up another person's child. Such leave shall be granted for the period defined in the decision of the family courts, but not longer than until the child is one and a half year old. Such leave is included in the common seniority, but it does not include the annual paid leave in. (12) the employer shall grant leave without pay to an employee who performs maintenance service in the National Guard of the Republic of Latvia, where his involvement in national guard tasks or training the employer informed the National Guard unit commander in the national guard service of regulatory law and order within the time limit set. Leave without pay granted to the conservation of the National Guard unit commander on the specified time. " to complement the second paragraph after the word "first" with the words and figures "1.1. and 1.2". 34. Add to article 156 of the fifth paragraph as follows: "(5) termination of parental leave in leave granted before the expiry of the collective agreement to be implemented or work in accordance with the procedure laid down in the Treaty or on the basis of employer and employee. The employee is entitled to return to work by notifying the employer of not less than two weeks in advance, if the objective circumstances lost basis for further care of the child. " 35. transitional provisions be supplemented with 12, 13, 14, 15 and 16 as follows: "12. Article 40 of this law the tenth shall enter into force on 1 April 2015. 13. If the contract of employment was concluded for a limited period until 2014. December 31, this period may be extended, pursuant to article 45 of this law, the provisions of the first subparagraph on the extension of the contract, which is effective from 1 January 2015, but the total period of such a contract in any case may not exceed five years. 14. Amendment of article 61 of this law the second part, which provides for the delegation of Cabinet to determine the minimum monthly wage of about normal working time, as well as the minimum hourly rate calculation, shall enter into force on January 1, 2016. 15. For the infringement committed by 2014. December 31, note or reprimand the employee shall, not later than one month from the date of the opening of the infringement, not including the employee's temporary incapacity and the time when the employee is on leave or do other work for good reasons, but not later than six months from the date of the offence. 16. If the note or reprimand in 2014 December 31, employees have the right to obtain the cancellation of the year from notes or reprimand of days. " The law shall enter into force on January 1, 2015. The Parliament adopted the law in 2014 on October 23. The President a. Smith in Riga 2014 on November 12.

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