The Strike Law

Original Language Title: Streiku likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Saeima has adopted and the President promulgated the following laws: the law of chapter I of the strike. General provisions article 1. The law is applied in the following terms: 1) the collective labour dispute — the labour dispute arising from legal relations and the work that the company (the company), the institutions, bodies, workers, trade unions or company (the company), the institutions, bodies, workers, employer requirements apply to all or part of the company (the company), institutions, organizations, professionals, and expresses all the above individuals or part of them;
2) collective work by the parties to the dispute, the employer, the employers ' group, the employers ' organisations, sectoral regulatory bodies and of company, organization, institution, industry or trade union of employees of company, authority, organisation, workers or the authorized representative of any of those employees;
3) strike — collective work dispute in a way that gets the company (the company), the institutions, bodies, workers or employee group voluntarily stopped working wholly or partly for the purpose of achieving compliance;
4) strike talks — collective work disputes the parties to the talks, which aim to reach an agreement in the collective labour disputes and the end to the strike;
5) solidarity strike-strike, which is not a collective labour dispute, but solidarizēšan with another company (the company), the institutions, bodies, industry workers Union or another company (the company), the institutions, bodies, worker requirements, to ensure requirements are met;
6) application — the strike of company, institutions, organisations, workers, trade unions or company (the company), the institutions, bodies, workers or employees authorised representatives referred to the notice of the decision to strike;
7) — a process of the strike, including a strike sign, same strike and strike conversations and during which the collective work of the parties to the dispute shall exercise legal rights and obligations.
 
2. article. This law determines: 1) collective work disputes the rights and duties of the parties to the negotiations, as well as the pirmsstreik the strike is in progress;
2) streikošan rights restrictions;
3) basis for the strike or the strike for recognition on the application;
4 monitoring of the strike developments);
5) liability for violation of this law.
 
3. article. (1) company (the company), the institutions, bodies, industry workers (employees) have the right to strike to protect their economic or professional interests.
(2) the right to strike as a last resort, if there is no agreement and conciliation in collective labour disputes pirmsstreik negotiations.
 
4. article. (1) participation in a strike is voluntary.
(2) an employee may not be compelled to take part in the strike or not let him participate in the strike.
 
5. article. (1) If a company (company), institution, organization, industry is a foundation of collective labour disputes, this company's (the company), the institutions, bodies, industry workers Union (GWU), employees or authorised representatives of the employees shall submit to the employer, the employers ' group, the employers ' organization, the industry's regulatory body (hereinafter employer) presented in writing to the appropriate unions or employee.
(2) the employer shall review the requirements and submitted within three days, notify the applicant of its response.
(3) If the answer to employers ' unions or employee requirements is negative, both parties are held pirmsstreik the conversation of this law, in article 8 and 9.
 
6. article. (1) collective labour disputes by the parties during the strike held the strike negotiations.
(2) Strike during the negotiations of collective work requirements of the parties to the dispute, proposals and suggestions, answers to them, as well as the decisions taken and the agreement be in writing.
(3) if the employer fails to comply with the strike negotiations agreement on collective labour dispute, a trade union or the employees have the right to resume the strike, according to this law, in article 11 and 12.
 
7. article. Collective labour dispute, the Parties shall ensure that the pirmsstreik talks and strike for the duration of the observance of the procedure laid down in this law.
Chapter II. Call Pirmsstreik article 8. (1) If an employer's response is negative, both collective labour disputes by the parties within three days of the Reconciliation Commission creates the pirmsstreik calls for not less than six persons, empowering the equal number of representatives of the collective work of the two parties to the dispute.
(2) the Commission shall pirmsstreik Reconciliation talks continue for a maximum period of one week, and the progress of the negotiations is recorded.
 
9. article. (1) a trade union representatives in the Commission for reconciliation work empowered the members at a general meeting or a meeting of the elected bodies in accordance with the procedure laid down in the statutes. If a company (company), institution, organization, industry (hereinafter the company) is more representative of the unions, to work in the Commission is authorised to reconciliation in proportion to the number of members of each of the trade unions, but at least one representative from each of the trade unions.
(2) staff representatives in the Commission for reconciliation work, powers had voted on it. For the authorization of representatives enough with a simple majority vote if at least half of the number of employees in the company, but no less than 10 employees. Staff determines the number of authorised representatives, taking into account that it may not be less than one tenth of the company's employees in the n o. In the course of the vote and the results recorded.
 
10. article. If the pirmsstreik of the negotiations of collective work one side of the dispute due to the strike by the opposition agreement on prevention to achieve the impossible, a trade union or the employees have the right to declare a strike this law, in article 11 and 12.
Chapter III. Application of article 11 of the strike. (1) a trade union strike decision taken log at a general meeting of members, who convened the trade unions concerned in accordance with the procedure laid down in the statutes and in which at least three quarters of the number of members of this trade union. Decision is adopted if it voted for three quarters of the members of the trade unions concerned present. In the course of the vote and the results recorded.

(2) if the general meeting of the members of the trade union concerned may not be possible to convene a large number of members or work organisation, the decision on account of the strike log adopted the trade unions authorised representatives of members to the meeting, which convened the trade union concerned in accordance with the procedure laid down in the statutes and in which at least three quarters of the members of this trade union authorised representatives. The decision has been made, if three quarters of the vote of the members of the relevant trade union members, the number of authorised representatives. In the course of the vote and the results recorded.
(3) where a trade union or in the second part of this article the said trade union members authorized representative (hereinafter referred to as the authorised representative of the members of the Trade Union) decision on signing adopted the strike all of the employees of the undertaking concerned (also on behalf of the employees who are not members of the relevant trade union), a trade union or trade unions authorised representatives of members is to ensure that the first and second part of these decisions supports the three quarters of the employees in the company s k sheep; This is a demonstration to the relevant Protocol.
 
12. article. (1) the decision on the application shall take the strike of employees in the company at a general meeting in which at least three quarters of the number of employees in this company. The decision has been made, if, by secret ballot, vote three-fourths of the members present and the number of employees in the company. In the course of the vote and the results recorded.
(2) if the employee is not possible to convene the general meeting of the company concerned due to the large number of employees or a labor organization characteristics, decision on signing adopted the strike of employees in the company as authorised representatives in the meeting, in which at least three quarters of the company's authorised representatives of employees. The decision has been made, if, by secret vote, three quarters of the votes of the members of staff of the undertaking concerned of the number of authorised representatives. In the course of the vote and the results recorded.
 
13. article. Trade Union (Trade Union of members of the authorised representatives) or employees (employee authorized representative) in deciding the application, the strike up a strike Committee to lead the strike and will represent the trade union concerned or where the interests of employees in the company of the strike negotiations with the employer. The strike Committee of the numerical composition and the establishment of a trade union shall lay down the procedure for (the trade union members ' authorised representatives) or employees (authorized representative of employees).
 
14. article. (1) Strike Committee not later than 10 days before the commencement of the strike, the employer, the State Labour Inspectorate and the Latvian trilateral employers ', public and Trade Union Advisory Council (hereinafter referred to as the Tripartite Council), the Secretary shall be submitted in writing to: 1) strike the application shall state: (a) the commencement of the strike) date, time and place of the strike, b), (c) the reasons for the strike) strikers, d), (e)), the number of strikers the strike Committee and supervisor;
2) meeting concerned (General meeting) the decision on the application of the strike, which added to the Protocol on a fixed number of votes with which adopted that decision, but article 11 of this law the third part of the cases — the Protocol establishing the aid.
(2) a trade union or the employees during a strike is prohibited to impose employer requirements not specified in the application for the strike.
 
15. article. The strike Committee's powers shall cease if the collective work disputes the parties agree on the termination of the strike or if the strike is declared unlawful.
Chapter IV. Restrictions on the right of Streikošan article 16. Strike are forbidden for judges, prosecutors, police officers, firefighters, border guards, national security officers, prison officers and persons serving in the national armed forces.
 
Article 17. (1) the employer and the strike Committee shall ensure that the minimum amount during the strike would continue the work required to the public services, enterprises (companies), organisations and institutions (hereinafter referred to as society needs services) that termination would create a threat to national security, all of which groups or individuals in the safety, health or life.
(2) The public services required within the meaning of this law shall be: 1) medical treatment and services;
2) public transport services;
3) drinking water supply I services;
4) electricity and gas production and delivery services;
5) communication services;
6) air traffic control services and those services that provide air traffic control services with meteorological information;
7) with all manner of traffic safety related services;
8) waste and wastewater collection and treatment services;
9) radioactive substances and waste storage, use, and control services;
10) civil protection services.
(3) if not required, not later than three days prior to the commencement of the strike, the employer and the strike Committee agree in writing and of those employees who will take part in the strike, designate a specific number of staff who will carry out the first paragraph of this article of the work during the strike, as well as the staff referred to practical action and gives specific instructions.
(4) the refusal to discharge the employee referred to in the third subparagraph the amount of practice and orders aimed at ensuring the company requires service or labour contract or collective agreement provides for a strike over the minimum required work shall be considered a breach of the agenda, and the employee called to liability law.
 
18. article. If necessary, the strike Committee and the employer not later than three days before the strike started writing during the strike agreed to the measures to be taken in order to: 1) maintain the company, its equipment and the equipment or device in the State, which would resume work immediately after the termination of the strike;
2) ensure the company's raw materials, finished and unfinished production of the guard;
3) provide equipment and facilities the company confided.
Chapter v. Monitoring the progress of the strike article 19. (1) Strike the compliance with this Act and regulations monitor the State Labour Inspectorate.
(2) the national labour inspectorate establishes the strike of the place and time of the negotiations, if the employer and the strike Committee was not able to reach an agreement.
(3) the national labour inspectorate has the right to: 1) suspend or terminate a strike 20 of this Act in the cases provided for in article;

2) give instructions to the binding collective labour dispute the parties 21 and 22 of this Act in the cases provided for in article;
3) request from a collective labour dispute to the parties to the collective labour dispute and strike calls for the organisation of the necessary information;
4) to punish the perpetrators of violations of the laws.
 
20. article. Natural disasters, large-scale emergency or in the event of an epidemic, the State Labour Inspectorate may postpone the launch of the strike or suspend the strike for a period of up to three months for persons involved in natural disasters, large-scale emergency or epidemic prevention or rehabilitation.
 
21. article. If the collective work of the parties to the dispute does not support this law, implementation of the provisions of article 17, the State Labour Inspectorate give them binding minimum amount of instruction continue to require public services, specifying the number of employees to perform this task.
 
22. article. If the collective work of the parties to the dispute by declaring the strike could not agree to article 18 of this law for the measures referred to in the national labour inspectorate at the employer's request or on its own initiative, determine the number of employees who strike should be this law, the measures referred to in article 18.
Chapter VI. Strike or strike the application of recognition of illegal article 23. (1) strike or strike the application considered illegal when: 1) a violation of this law;
2) strike logged already concluded collective agreements during the term of operation, to change the terms of this collective agreement, thus violating the collective agreement provided for the amendment of the procedures;
3) it is a solidarity strike, which is not affiliated with ģenerālvienošan (on tariffs, work and other social protection guarantees) conclusion or not;
4) strike proposed to express political demands, political support or political protest.
(2) a strike declared illegal, if it relates to the issues on which the parties have already agreed the strike negotiations.
 
24. article. (1) strike or the strike unlawful application can recognize just true.
(2) the employer application for the recognition of the application of the strike illegal shall be submitted to the Court within five days of the strike log day.
(3) If so specified in the application to strike the strike started date in court have been submitted for this application to be declared the strike illegal, the strike may not start until the entry into force of the judgment of the Court of Justice.
 
25. article. An illegal strike recognised should be stopped immediately, but if the strike has not yet started and the Court accepted the application for strike illegal, something prohibited.
Chapter VII. Employee and employer rights and obligations during the strike article 26. (1) the application of the strike action, and participation in a strike in accordance with the procedure laid down in this law, does not constitute an employment agreement and labour law and therefore cannot be the basis for the dismissal of employees.
(2) the employees participating in the strike, in accordance with the procedure laid down in this law, is stored in the work place.
(3) the employees participating in the strike, in accordance with the procedure laid down in this Act, no disciplinary penalties for it.
 
27. article. (1) the time during which the employee participate in strike, at his request, not for a specific time period of the contract of employment concluded. Such contracts period is suspended for the entire strike time, and it returns as soon as the strike is terminated in accordance with the procedure laid down in this Act. This provision shall not apply to cases where the termination of the strike after it is no longer possible to execute jobs that have a contract of employment for a specified period.
(2) the time k Hooray participates in employee strike, at his request, not including the notice period of the employment contract.
 
28. article. (1) employees during the strike, which it does not receive a salary, and the employer of these workers do not make social security contributions, unless the collective work the parties to the dispute agree otherwise.
(2) employees who work during the strike under this Act or article 18 17 receives remuneration according to work done.
 
29. article. Employees who do not participate in the strike, but due to the strike cannot fulfill his duties, at a certain time in the labour contract concluded in the period after their request to stop the time where employees strike cannot do their job, and it returns as soon as the strike is to end s in this law.
 
30. article. (1) employees who are not participating in the strike and continue to be binding on all employment contracts and collective bargaining rules, and they receive wages under the relevant employment contracts and collective bargaining agreements.
(2) employees who are not participating in the strike and continue to work, not to be compelled to take the striking employees work.
 
31. article. (1) a Trade Union, the workers and the strike Committee of the voluntary workers and other people's contributions, donations and other means to create a fund to provide material support to the Trade Union or the employees participating in the strike.
(2) a trade union or employees can also create special voluntary fund.
(3) political organizations (parties) in the material and financial assistance for the first and second part of these funds is prohibited.
 
32. article. (1) prohibited to block company, in which the strike, as well as the entrance and the dam passage.
(2) employees during the strike have the right to organize meetings, parades and pickets to the law "on meetings, processions and pickets".
 
33. article. During the strike, the employer may not be striking employees in place to accept new employees in order to prevent or to stop a strike or to avoid striking the employee claims.
Chapter VIII. Liability for violations of the law article 34. Violations of this Act, a person called to the statutory liability.
The Parliament adopted the law of 23 April.
 
The President g. Ulmanis in Riga in 1998 on May 12.

Related Laws