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About Unemployment Insurance

Original Language Title: Par apdrošināšanu bezdarba gadījumam

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The Saeima has adopted and the President promulgated the following laws: unemployment insurance, chapter I. General provisions article 1. The purpose of the law this law aims to adjust the order in which the services provided by the State social insurance against unemployment (unemployment insurance), define the persons who are entitled to receive these services, and their duties and responsibilities.
 
2. article. Unemployment insurance services in accordance with this law are provided the following unemployment insurance services: 1) unemployment benefit;
2) death grants death of unemployed person (hereinafter funeral benefit);
3) grant unemployment vocational training or retraining (hereinafter unemployment stipend).
 
3. article. The right to unemployment insurance services (1), the right to unemployment insurance services are the people who the law "on employment" in the order has got the status of the unemployed (the unemployed) are insured against unemployment in accordance with the law "on State social insurance" and have this statutory insurance seniority.
(2) in addition to the first part of this article in particular unemployed entitled to unemployment benefits is article 5 of this law, in the third part the unemployed, but the right to a death grant, article 12 of this law laid down in the first subparagraph.
 
4. article. Means the unemployment insurance and employment service activities (1) in article 2 of this law certain unemployment insurance services financed by the State social insurance special budget for employment (hereinafter referred to as the employment special budget).
(2) the employment special budget funds are also used for the law "on employment" unemployment active employment measures, but no more than 10 percent of the annual State budget act in the employment special budget, the total size of the specific employment special budget in the amount of the active employment of unemployed persons to finance measures in determining the annual State budget Act.
Chapter II. Unemployment benefit article 5. The right to unemployment benefits (1) the right to unemployment benefit are unemployed with no insurance indemnity is less than one year, if on him in Latvia is carried out the compulsory social security contributions unemployment (unemployment contributions) not less than nine months in the last 12 months preceding unemployment status.
(2) If for the last 12 months of unemployment in the period before the unemployment status of contributions date of unemployment have been less than nine months, and if they are also made for the period after the date of the status of the unemployed, by establishing the right to unemployment benefit, take into account the contributions to unemployment for the last 12-month period before the date of application of the allowance.
(3) unemployed persons, of which the last 12 month period before the date of unemployment status of contributions to the unemployment insurance have been made or have been made less than nine months, are entitled to unemployment benefits if he is in the period belonged to one of the following categories of persons: 1) after the disability has regained uptime;
2) is set by a disabled child up to 16 years of age.
(4) in the third paragraph of this article, a certain person unemployment benefit is granted if the status of the unemployed registered in employment in the public service within one month from the date when the incapacity, or recovered from the date when the person being disabled children have reached the age of 16, or dead, not reaching 16 years of age.
 
6. article. Insurance indemnity, which gives entitlement to unemployment benefit (1) the insurance indemnity, which gives the right to unemployment benefit, form: 1) the period for which contributions made to unemployment insurance in accordance with the law "on State social insurance";
1991 2) until January 1, labour and work accumulated assimilated periods, determined in accordance with the law "on State pensions" (1) the transitional provisions;
3) from 1 January 1991 to 1 January 1996, the cumulative work periods for which social tax payments made, or assimilated periods, determined in accordance with the law "on State pensions", paragraph 2, of the transitional provisions;
4) period for which from 1 January 1996 to 31 December 1997 December made social tax payments in accordance with the law "on social tax".
(2) the insurance indemnity shall determine: 1) article 5 of this law in the first part of a certain person, to obtain the status of the unemployed;
2) of this Act article 5, second paragraph, the particular person, to claim benefits.
 
7. article. Unemployment benefits about discovery (1) unemployed persons who before the unemployment status days has been a worker, the unemployment allowance shall be determined in proportion to the insurance indemnity, and according to income, of which in accordance with the law "on State social insurance" are made in unemployment insurance contributions (hereinafter also – salary insurance contributions): 1) to the insurance indemnity from one year to nine years (included) 50 percent of the average insurance salaries;
2) with the insurance indemnity of ten to nineteen years (including) — 55 percent of the average insurance salaries;
3) with the insurance indemnity from twenty to twenty-nine years (including) — 60% of the average insurance salaries;
4) insurance seniority over thirty years ago, 65 percent of the average wage of the insurance contributions.
(2) prior to the unemployed person unemployment status of contributions date of unemployment is made from the State budget, and this law, article 5, third paragraph down unemployed allowance determined by the 70 percent of the country's minimum monthly salary (salary), what was the effect of unemployment benefits on the date of the request.
(3) prior to the unemployed person unemployment status days unemployment contributions for a period part of the contributions made by the applicant and even his employer, but for the rest, to be granted State unemployment benefits shall be determined:

1) in proportion to the insurance indemnity, and depending on the average insurance contribution wage of the unemployed, if at the end of the period belonged to in the first subparagraph in specific categories of persons;
2) 70 percent of the country's minimum monthly salary (salary), what was the effect of unemployment benefits on the date of the request, — where the unemployed contribution at the end of the period belonged to the second part of the person in the category.
(4) prior to the unemployed person unemployment status of contributions date of unemployment has made both at the same benefit the applicant and his employer and State unemployment allowance is granted, 70 percent of the country's minimum monthly salary (salary), what was the effect of unemployment benefits on the date of the request.
(5) the Granted unemployment benefit per month may not exceed the unemployment benefits on the date of application of the existing national minimum monthly salary (salary) five-fold.
8. article. The average insurance salaries in calculating unemployment benefit claims (1) of article 5 of this law in the first part, where the average insurance contributions wage unemployment benefit calculation to determine the amount of the insured person's insurance contribution wage for a period of six months of the calendar, the period ending two calendar months before the month in which the person becomes unemployed status.
(2) article 5 of this law the second part where average insurance contributions wage unemployment benefit for the determination of the amount of the calculation of the insured person's insurance contribution wage for a period of six months of the calendar, the period ending two calendar months before the month in which the person requesting unemployment benefits.
(3) the order in which you want the average insurance contributions wage unemployment benefit, determined by the Cabinet of Ministers.
9. article. The cost of unemployment benefit depending on the duration of unemployment (1) total unemployment allowance, the received time is nine months during the 12 month period from the date of the award of benefits.
(2) if the 12-month period person unemployment benefit is granted, it will be granted again, taking into account the previous assigned this period of receiving unemployment benefits. If the person concerned is in a 12 month period not less than nine months have made contributions to unemployment insurance, unemployment benefits may be granted, the General order.
(3) unemployment allowance shall be paid depending on the duration of unemployment: 1) first three months — in full;
2) the next three months — 75 per cent of the assigned amount of unemployment benefit, but not more than twice the national minimum wage (salary);
3) over the past three months, 50 per cent of the assigned amount of unemployment benefit, but not more than one national minimum wage (salary).
10. article. The cost of unemployment benefits and termination (1) the cost of unemployment benefit suspended if the unemployed person: 1) employment contracts concluded for temporary paid community work;
2) enters into a contract of employment for a period of up to two months (inclusive).
(2) the period of time when the cost of unemployment benefit suspended, excluded from this law, article 9 of the period referred to in the first paragraph.
(3) the cost of unemployment benefit is terminated if the person loses the status of unemployed.
Chapter III. Unemployment scholarships article 11. Scholarships (1) unemployed persons entitled to unemployment is the unemployment that is the scholarship reached 18 years of age.
(2) unemployment scholarship paid 50 percent of the country's minimum monthly salary (salary), starting with the first vocational training or retraining in the days, but not more than six months during the 12 month period.
(3) unemployment and the cost of the scholarship award of the country of employment service Cabinet.
Chapter IV. Death grants article 12. Death grants (1) in the case of the death of the unemployed entitled to the death benefit are unemployed members of the family or the person who has taken the death, if the deceased was unemployed and receiving unemployment benefits or of their last 36 month period before the unemployment status of contributions date of unemployment was carried out not less than 12 months.
(2) death benefit the death day of unemployed granted the current national minimum wage (salary), double the amount.
(3) If in the case of the death of the unemployed are entitled to a death benefit in accordance with this law and other laws, granted and paid in the most benefit.
Chapter v. Unemployment benefits and funeral benefits and cost of article 13. Benefits and costs the order (1) unemployment allowance shall be granted to: 1) from the date on which the unemployed person has submitted all documents proving entitlement to the allowance, except for this part of the provided in paragraph 2;
2) persons who become unemployed after working or service termination on notice or due to infringement, from the date on which the unemployed person has submitted all documents proving entitlement to the allowance, but not earlier than two months after the unemployment status.
(2) death benefit is granted if the allowance is requested, within 12 months from the date of the death of the unemployed.
(3) unemployment benefits and death grants, cost calculation and cabinet order provides the State social insurance agency. Documents proving the right to unemployment benefits and death grants shall be determined by the Cabinet of Ministers.
14. article. Unemployment benefits to the cost of the passage of time allocated and calculated the amount of unemployment benefit, where the unemployed person is not received in time, the cost of the passage of time, but not more than 12 months before the benefit not received date of request.
15. article. Due to the death of the unemployed do not receive unemployment benefits to the cost of unemployment benefit granted amounts that are not paid in the event of the death of the unemployed are entitled to his spouse and first-and second-degree relatives, if the request is filed within 12 months of the date of the death of the unemployed.
16. article. Deduction from unemployment benefits and death grants (1) Withholding of unemployment benefits can be done on the basis of: 1) Court ruling and other institutions (officials), ruling that the laws the Executive order;

2) State social insurance agency's Director-General or his authorized officer's order to recover the amount of the unemployment benefit, which they overpaid to the unemployed person's fault if he provides false or incomplete information or do not have announced changes that affect the entitlement to benefits. In this case, the forfeited each month not more than 10 percent of the amount of the benefit to be paid and the amounts withheld should include the employment special budget.
(2) deductions from the death benefit will not be made.
Chapter VI. Final provisions article 17. Unemployment insurance services appeals decision (1) the State social insurance agency's decision on the refusal to provide unemployment insurance service or a decision on the extent of the service to be an interested person may appeal to the Court within one month from the date when it received the State social insurance agency.
(2) the public employment service of the decision on refusal to grant unemployment scholarships or the decision on the size of the interested party may appeal to the Court within one month from the date when it received the public service employment Act.
1. Transitional provisions this law the second part of article 4 shall enter into force on 1 January 2002.
2. until 31 December 2001 from the employment special budget financed also follows the law "on employment" as defined in the employment of the unemployed active measures: 1) job seekers ' Club;
2) vocational guidance and counselling activities;
3) vocational training and retraining measures.
3. This law, article 2, subparagraph 3, of chapter III and article 17, second paragraph is valid until December 31, 2001.
4. With the entry into force of this law shall lapse by law "on compulsory social insurance against unemployment" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 1, 1997, 22; 3, 13 No.).
5. Persons whose unemployment benefits granted before the date of entry into force of the Act, for the period of unemployment that continuously after the entry into force of this law, the allowance shall be paid in accordance with the laws and regulations that were in effect on the date of the award of benefits.
The law will enter into force in January 2000. gada1.
The law adopted by the Parliament in 1999 of 25 November.
Riga, 1999 15 December State President Vaira Vīķe-Freiberga V.