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Trade Union Law

Original Language Title: Arodbiedrību likums

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The Saeima has adopted and the President issued the following law: Trade Union law chapter I General provisions article 1. The purpose of the Act, the law aims to establish trade unions and their associations (hereinafter also-trade unions) and the General rules of operation, as well as the principle that trade unions followed in cooperation with employers, employers ' organisations and their associations, State and local authorities. 2. article. Trade Union activities in the legal framework (1) workers ' rights and interests related to the rights and obligations of trade unions established in the Constitution of Latvia, Latvia of the binding rules of international law, this law and other laws. The manner in which trade unions defending workers ' interests, determined by the statutes of trade unions. (2) trade union activities governed by this law, the law of associations and foundations for societies, in so far as this law provides otherwise, as well as the statutes of trade unions. (3) trade unions have the right to determine in its statutes of the Society and the Foundation of the law a different framework for matters affecting the membership, withdrawal and exclusion procedure, members meeting and the meeting of the representatives of the convening, competencies, processes and decision-making procedures, election of the Executive, decision-making procedures, rights and obligations, as well as the amendment of the Statute. 3. article. The concept of a Trade Union a Trade Union is a voluntary association of persons established to represent and defend workers, economic, social and professional rights and interests. 4. article. The right to form trade unions and join the Trade Union (1) everyone has the right, without any discrimination and to establish trade union, subject to the statutes of the Trade Union, join it, as well as the right not to join a Trade Union. (2) a Person's affiliation to a trade union or a person's desire to join or not to join it can not be the basis of a person's rights. 5. article. The right to join trade unions (1) trade unions have the right to form associations and trade unions the right to join such associations. (2) a trade union or Association of trade unions shall have the right to join international trade union associations, as well as the right to form such an international trade union associations. 6. article. Trade Union independence and equality (1) trade unions are independent in their activities from State and local government institutions, as well as the employers, employers ' organisations and their associations. (2) prohibited any action the purpose of which is, directly or indirectly, hinder the establishment of trade unions, to expose its State and local government institutions, employers, employers ' organisations and their associations, as well as interfere with laws and statutes, trade unions and their associations determine the functions and objectives. (3) trade unions are created equal. 7. article. Trade unions and trade union associations of the Treaty (1) Concerning the founders of a Trade Union can only be natural persons. (2) the number of the founders of a trade union shall not be less than 15, or less than one quarter of the total number of employees in the company, which, in turn, may not be less than five workers. (3) outside the company's fashion trade union founder count cannot be less than 50. (4) the trade union associations may establish, if a combination of at least three a validly registered trade unions. (5) the term "company" is used in this law, the labour law. 8. article. The name of the Trade Union or trade union associations of the name includes the word "trade". 9. article. Trade Union registration news on trade unions, trade unions, independent unit or trade union association entry in the register of associations and foundations, indicating the scope of the (Union) and legal form (unions, trade unions, independent trade union association). 10. article. The legal status of trade unions for (1) a Trade Union acquires legal personality at the moment when it is in the register of associations and foundations. (2) a Trade Union in accordance with its statutes can be territorial and other departments. (3) a trade union may establish an independent unit, which has legal personality. 11. article. Unions stand alone unit (1) Trade Union in an independent unit acquires legal personality at the moment when it is in the register of associations and foundations. (2) trade unions independent of the organizational structure of the unit, the expertise, the Foundation, activities, decision-making procedures laid down in the statutes of trade unions. Trade unions in an independent unit run by the laws laid down for Trade Union competence. Trade unions independent of reorganisation and winding-up of the unit procedures are subject to laws and regulations that govern the reorganisation and winding up of the Trade Union. (3) trade unions, independent entity may have its own property. Trade unions in an independent unit responsible for its own obligations. If trade unions independent entity and is not enough to finance its commitments on trade unions, independent units of the Trade Union context. (4) the trade unions independent of the unit of entry in the register of associations and foundations, excluded from society and Foundation registry, as well as make changes to society and Foundation registry entries to the application and the decision of the Trade Union. The application for Trade Union units independent recording in the register of associations and foundations noted that the fifth subparagraph of article 1, 2, 3, 4, 5, and 6. the information referred to in paragraph 1. (5) the register of associations and foundations of trade unions independent of the following units: 1) the name of the Trade Union by an independent unit; 2 independent trade unions) unit name; 3) date when a decision on the formation of an independent trade union unit; 4) Trade Union units independent legal Office; 5) independent trade unions to represent the units entitled persons name, surname, identity code (if not applicable, date of birth, identity document number and date of issue, country, and institution that issued the documents), whether it has the right to be represented by trade unions independent of the units separately or jointly with another person; 6) trade unions independent of the unit, if the unit is an independent trade union was founded; 7 news on trade unions) stand alone units or other public activities, dissolution, continuation, and the Declaration of insolvency proceedings, winding-up and reorganisation of the termination; 8) details of the appointment of a liquidator, indicating his name, surname, personal code (if not, date of birth, identity document number and date of issue, country, and institution that issued the documents) and whether he has the right to be represented by trade unions independent of the units separately or jointly with another person; 9) news of the appointment of an administrator of insolvency cases, specifying the administrator's name, surname, personal code (if not, date of birth, identity document number and date of issue, country, and institution that issued the documents) and the number of the certificate; 10) entry date; 11) other information, if it is directly provided by law. (6) news, on the basis of which the register of associations and foundations new entries to be made on trade unions independent of the units, as well as the documents to be submitted by the law society and the Foundation registry authority within 14 days from the date of the decision. (7) The trade unions independent of the unit recording in the register of associations and foundations and the subsequent entries in the duty payable under the rules governing the entry of society and Foundation in the register with regard to associations of the country paid toll, payment arrangements and facilities.
Chapter II competence and activity of trade unions article 12. Trade union rights and their implementation (1) trade unions, representing and defending the workers, economic, social and professional interests, is the right to collective negotiation, to receive information and to consult with employers, employers ' organisations and their associations, to conclude a collective agreement (ģenerālvienošan), sign up for a strike, as well as the implementation of other specific legislation. (2) trade unions have the right to the procedure laid down in the laws and regulations to participate in the project and policy planning document for the development of the project and provide advice on these projects if they affect or may affect workers, the economic, social and professional rights and interests.
(3) trade unions have the right to request and receive from State and local government bodies their functions and objectives, the necessary information if the law is not restricted to them. (4) the trade unions within their competence, without special authorisation represents and defends its members ' rights and interests. (5) contract Union members, which are not trade unions authorised officials, showed, according to the provisions of labour law. 13. article. The officials authorised by the trade unions

(1) the statutes of the Trade Union representative trade unions authorised institution or official (hereinafter referred to as the authorized officer of the Trade Union). (2) a trade union shall notify the employer of trade union officials who are entitled to represent the Trade Union and its members ' rights and interests. (3) an authorised officer of the trade union rights and obligations determined by the law governing workers ' representation, as well as collective bargaining or other employer and Trade Union agreements. The number of authorised officials of the Trade Union, the subject of this article fourth and fifth can be determined through collective bargaining or other employers and trade unions. (4) the trade union official who authorized their representative duties in addition to the work in the agreed work contracts, have the right to perform these duties and the trade unions to participate in the training organized under the collective agreement or other employer and trade union agreement work, but not exceeding half of the contracted work. (5) in the fourth paragraph of this article, in those cases the trade unions authorised official of the time when it shall perform the duties of the representative or participate in training organised in trade unions, stores pay, if it a certain time, or average wage earnings, if certain chord salary. (6) If the employer of the agenda set out in the employment contract or the breach is expected to issue a written note or reprimand notified officials of trade unions, which in addition to the work contracted in the performance of the duties of the representative, this timely consultation with the trade unions. (7) the employer is prohibited without the consent of the trade union concerned to withdraw a contract notified officials of the trade unions, which is carrying out the duties of the representative, except for the cases provided by law. Employment contract authorized trade unions official showed according to the provisions of the labour law. (8) If, in accordance with the collective agreement or another employer and trade unions trade unions agreement authorized officer shall perform the duties of a representative, but not during the work in the agreed work contracts, the termination of duties of the representatives, previous work. If this is not possible, the employer provides similar or equivalent work with no less favourable conditions of work and terms of employment. If this is not possible, the employment relationship terminated according to the rules on the reduction of the number of employees. 14. article. Trade unions the right to carry out economic activity (1) the Trade Union has the right to perform as an ancillary activity with the maintenance or the use of property-related economic activities, as well as other economic activities, in order to achieve its objective. (2) the revenues of trade unions may be used only for the statutory objective. Profits from the trade unions, the economic activity carried out may not be split between trade unions or associations of trade unions members. (3) Trade Union property consists of joining and membership fees, trade unions operating income, as well as donations, gifts and other forms of property.
Chapter III trade union representation in social dialogue and tripartite cooperation institutions, as well as relations with State and local authorities article 15. Trade Union representation in social dialogue the trade union representation in social dialogue with employers, employers ' organisations and their associations shall be implemented on the basis of agreements with trade unions, employers, employers ' organisations or their associations. 16. article. Representation of trade unions in relations with State and local authorities (1) the Trade Union interests at the national level in their relations with Cabinet representative trade union association, which brings together the largest number of workers in the country. (2) the interests of trade unions in relations with State and local authorities, industry professional or administrative areas level represents the trade unions Association, which brings together the largest number of workers in the country. (3) if necessary, the first and second cases referred to State and local authorities can collaborate with other trade unions and their associations. Article 17. Trade Union representation in the institutions of the trilateral cooperation (1) the trade union representatives in the national tripartite cooperation Council and its apakšpadom will nominate the Trade Union Association, which brings together the largest number of workers in the country. (2) the representatives of trade unions in the industry, profession or territorial trilateral cooperation institutions nominated by a trade union or trade union association, which brings together the largest number of workers in the sector, profession or administrative territory.
Chapter IV responsibility for violations of the law article 18. Responsibility for law violations violations of this Act, a person called to the statutory liability.
Transitional provisions 1. With the entry into force of this Act shall terminate the law "On trade unions" (Republic of Latvia Supreme Council and Government Informant, 1991, 3,/4.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2003, no. 12; in 2005, No 14; Latvian journal, 2012, 100 no). 2. the enterprise register of the Republic of Latvia for a period of six months from the date of entry into force of the Act of Union records in the registry of trade unions, which are not excluded from the trade register, register of associations and foundations are inserted without altering the message volume and does not require a Reregistration. 3. Trade unions in five years from the date of entry into force of the Act shall be submitted to the enterprise register of the Republic of Latvia in this law and other legislative requirements pursuant to statute and information about the persons who are entitled to represent the Trade Union. 4. the Trade Union, which the Department according to the law "on trade unions" established a legal person status, the Department concerned shall be recorded in the register of associations and foundations as independent units, trade unions are converted to unit without legal personality or eliminated. The following trade unions independent of the unit is to be registered in the register of associations and foundations to 2017 31 December, by article 11 of this law in the fourth paragraph, the said application and the decisions and those adding information about the trade unions Department of the State revenue service granted tax number, if one has been assigned. 5. The transitional provisions referred to in paragraph 4 of the Trade Union departments, which according to the law "on trade unions" established a legal person status, retain the status of a legal person until they are recorded in the register of associations and foundations as a trade union independent units, converted to units without legal personality or eliminated, but no later than December 31, 2017. The law takes effect on 1 November 2014. The Parliament adopted the law in 2014 on March 6. The President a. Smith in Riga 2014 25 March