Merchant-Job Placement Services-Licensing And Supervisory Procedures

Original Language Title: Komersantu - darbiekārtošanas pakalpojumu sniedzēju - licencēšanas un uzraudzības kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/160023

Cabinet of Ministers Regulations No. 458 in Riga on July 3, 2007 (pr. No 38 3) merchants – job placement services – licensing and supervisory order Issued in accordance with the law on the support of the unemployed and jobs seekers-article 4 of the sixth part i. General questions 1. determines the order in which the State employment agency (hereinafter Agency) the operator shall issue, suspend or revoke licences for work placement services (hereinafter licence), the extent to which the State pays the fee for the license, and the arrangements for payment of the State fee, as well as the operator's obligations rights and supervision procedures.
2. The merchant is entitled to provide job placement services, if the Agency has received the licence issued. The licence shall be issued for an unlimited duration.
3. A decision on the issue of the licence, licence suspension and cancellation of licences, shall adopt the Agency's Director, created a licensing Commission. The Licensing Commission is composed of no fewer than six members of the Commission. The Licensing Commission includes representatives of the Agency, as well as one representative from the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of welfare and the State labour inspectorates. The Licensing Commission Chairman and Deputy Chairman of the front is the Agency's representatives.
4. the Licensing Commission of the Commission President or in his absence, the Vice-President of the Commission.
5. the work of the Commission for the Licensing of facilities provided by the Agency. The Licensing Commission the minutes and records of the Agency assigned a card employee-the Secretary of the Commission.
6. the licensing decision of the Commission on the issue of the licence, the suspension or cancellation of the signature of the President or in his absence, the Vice-President of the Commission.
7. The Agency shall, not later than five working days before the meeting of the Licensing Commission sends a written invitation to the operator, indicating the reason for inviting.
8. The merchant pays the license fees the State 100 lats. Get a license or duplicate licence, licensees pay stamp duty of 10 lats. National fee including the State budget. 
II. Requirements for the license applicant and the procedure for the issue of licence 9. Licences shall be issued by the operator who meets the following requirements: 9.1. is registered to the business regulatory laws set in order;
9.2. the operator is registered personal data processing system in accordance with the laws and regulations on the protection of personal data;
9.3. the merchant does not have tax and the State social insurance compulsory contribution to the debt;
9.4. the last three years have been found in the operator's professional misconduct;
9.5. no declared bankruptcy, it's being wound up, the economic activity is not paused or stopped or not started proceedings for winding up, insolvency or bankruptcy;
9.6. the operator's governing body members are not penalized for intentional Criminal law criminal offence committed against a person's life, health, for fundamental rights and freedoms, freedom, honor and dignity, decency and dzimumneaizskaramīb, property and criminal offences in the economy or the national authority or authorities referred to in the noziedz convictions for offences has been removed or variables deleted.
10. Merchant who wants to receive a licence (hereinafter applicant) shall submit to the Agency an application for the licence. The application shall state: 10.1. business name of the tenderer, registration number, registered and the site address, phone number, and home address on the internet or email address if the applicant has established a home page on the internet or an e-mail address;
10.2. the State inspection of the registered trader's personal data processing system registration number;
10.3. the governing bodies of the members of the applicant, name and ID number, as well as the position.
10.4. a country or countries for job seekers in the work equipment;
10.5. the nature of the job placement service or uses;
10.6. the foreign job placement or other equivalent institutions (hereinafter referred to as the foreign partner) companies, legal and site address, phone number, website address or internet email address, if the job placement services intended to provide, in cooperation with foreign partners;
10.7. the information that the applicant does not have tax and other State specific minimum charges, and proof that the applicant agrees that the Agency requires and receives from the State revenue service details of the tax debt of the applicant;
10.8. the information that the members of the administrative organ is not punished for this rule 9.6. the offences referred to in, and proof that the applicant agrees that the agency require and receive from the business register and the Ministry of Interior Information Center information on the applicant's governing body members and their criminal record.
11. the application shall be accompanied by the following documents: 11.1. model, concluded between the applicant and job seekers about job placement services. The Treaty lays down: 11.1.1. subject of the contract;
11.1.2. the obligations and rights of the parties;
11.1.3. the duration of the contract;
11.1.4. job placement services and receipt of order;
11.1.5. responsibility of the parties, if not fulfilled treaty obligations;
11.2. the applicant's design job placement services and receipt of order if the contract for the job placement service to job seekers is not expected to close;
11.3. the CISAC model contract ", concluded between the applicant and the employer for job placement services, job placement service, if linked to direct job seekers work placements at the employer.
12. If the employment services intended to provide, in cooperation with foreign partners, the applicant in addition to the 10 and 11 of these regulations, paragraph ERS documents the agency submit legislation on the art and design of the dāšan in accordance with the procedure laid down by the competent foreign authority certified issued a copy of the document certifying that a foreign partner is entitled to provide job placement services of the country concerned. If the foreign laws do not prescribe specific procedures or obtaining permission of job placement services, the applicant shall submit with the Agency a foreign partner in the cooperation agreement concluded by presenting the copy of the original, or the project.
13. the documents submitted, the merchant presented business register issued to the merchant's registration certificate and the original data State Inspectorate issued the operator of personal data processing system of the original certificate of registration.
14. The operator has the right to petition and the documents annexed thereto shall submit electronically, within the Agency, if the documents comply with the law on electronic documents.
15. following the receipt of the applicant's submission, the Agency shall check the documents submitted indicate messages, as well as the applicant's compliance with the requirements laid down in these provisions and passes the document to the Licensing Commission hearing.
16. If the information is incomplete, the Agency requires responsible national authorities to provide additional information or to contact the Tenderer shall submit the missing documents or messages, and their reception passes the document to the Licensing Commission hearing.
17. the Licensing Commission within 30 working days of receipt of the applicant's submission, the Agency shall take a decision on the issuing or the refusal to issue a licence if not complied with the requirements set out in these provisions.
18. A decision on the issue or refusal to issue a licence if not complied with the requirements set out in these rules, the applicant at the hearing, the Licensing Commission informed of planned job placement services.
19. the Licensing Commission shall take a decision on the refusal to issue a licence in the following cases: 19.1. the applicant does not meet the requirements laid down in these provisions;
19.2. the applicant provides false or misleading information;
19.3. the applicant requested by the Agency repeatedly failed to submit the rule requirements documents or messages;
19.4. the applicant the licensing hearing, the Commission has not been able to provide competent information about planned job placement services.
20. Within three working days after the decision, the Agency shall notify in writing to the applicant. The decision on the refusal to issue a licence if not complied with the requirements set out in these rules, shall indicate the reason for the refusal, and also indicates that the applicant by reason of the refusal is preventing the right to resubmit the document for the general licence procedures.
21. on the basis of the licensing decision of the Commission on the issue of the licence, the Agency shall issue a licence to the applicant pursuant to this provision to the model laid down in the annex. License signature Licensing Commission Chairman, or in his absence, the Deputy Chairman of the Commission of licensing, and it is approved by the Agency's stamp.

22. the operator shall issue the license within 30 working days after dispatch of the notice to the licensing decision of the Commission. Licence of merchant or its authorized representative shall be attested by the signature. You receive a license, a trader shall submit to the Agency a copy of the document (the presentation of the original), which certifies the payment of State fees.
23. the Agency shall, on the basis of the application, the licensee shall issue the license if you changed the license recipient firm, legal or site address. If the license is lost or damaged, the Agency shall issue a duplicate licence. Get a license or a duplicate license previously issued license recipient shall transfer agency. 
III. obligations of licensees and the rights of the recipient of the licence 24. has the following responsibilities: 24.1. writing to contract with an employer, the foreign partner and job seekers about job placement services or, if the contract for the job placement service to job seekers is not expected to close, to introduce job seekers to job placement services and the receipt of the order and to ensure that the contracts and the provision of the service in compliance with the Latvian and the relevant foreign law requirements;
24.2. job placement services comply with labour law requirements for different treatment, and equal rights of prohibition principle, as well as the rules governing labour relations;
24.3. to introduce job seekers to the rules laid down by the employers and foreign partners contracts concluded, and provide job placement services under these contracts;
15.2. to introduce job seekers to employers offered a contract of employment or another contract under which the intended person to employ, as well as basic rules and their compliance with the relevant Latvian or foreign laws;
15.2. before sending the job seeker to employer in writing to inform job seekers about the specific job, specifying the name of the employer, legal and site address, phone number, the date of commencement of the employment, the employee's occupation (trade, post) and General characteristics of the work, pay, work, working time and termination of rules;
24.6. in relation to the work to be done and pay to ensure the job seeker to work for the establishment of rules that are not worse than those specified in job offer;
15.3. the job seeker's request to ensure that the documents referred to in this paragraph would be available in the Latvian language;
15.4. to maintain a database of job seekers, the job seekers employment in Latvia and abroad;
15.5. to register and investigate complaints about job placement services, and respond to them;
24.10. till the next half-year, the first month of the twenty-fifth day submit to the Agency a report on job placement services in the previous quarter;
24.11. within 10 working days written notice to the Agency of the change in the application or the documents attached to the given message and for each new foreign partners concluded a cooperation agreement or changes in existing cooperation agreements and submit the changes in the agency supporting documentation (copies of documents), and the conclusion of the cooperation agreement or a copy of the amendments;
24.12. three working days notify the Agency if a license lost or damaged;
24.13. job placement service in company advertising, registration number and address of place of business, as well as license registration number;
24.14. within 10 working days of the receipt of the request by the Agency to provide information on job placement service.
25. the licensee is not entitled to charge job seekers for job placement services provided.
26. The provisions referred to in paragraph 25 of the prohibition does not apply to ever ating if a fee for job seeker the necessary managed job placement service of the attack (the decoration work in the preparation of required documents and reporting, travel expenses, health insurance expenses). The level of expenditure required and usage is determined by contract concluded for job seekers.
27. the licensee is entitled to charge jobseekers for employment services rendered between the youth and international cultural, educational, employment and exchange of experience programmes, if the fee for participation in such programs is determined in accordance with the relevant foreign laws or regulations. In such case, the licensee is obliged to provide access to documents, which provide the grounds for the charge.
28. The review of job placement services of the licensee: 28.1. number of contracts concluded for the provision of employment services to job seekers, employers and the foreign partners, and information about the performance of the contract;
28.2. job placement services provided;
28.3. the number of registered job seekers;
28.4. the employer applied for the number of job vacancies;
28.5. installation work the number of jobseekers in Latvia and abroad according to the occupations and sectors;
28.6. occupations with the largest job installation job seekers.
IV. monitoring the activities of licensees the Agency monitored 29. procedures for job placement services are provided, at least once a year check the licensees of its place of business.
30. the Agency shall have the right to initiate the requested license check on its own initiative or on the basis of the other State, local, or foreign competent authorities, as well as information provided by individuals about possible violations of the laws of licensee's activities.
31. the Agency shall, in exercising oversight of licensees, has the following rights and obligations: 31.1. to check the license of the beneficiary's employment service location, invite a representative of the beneficiary of the license to participate in the test, as well as a request to provide explanations, present the documents and provide other information;
31.2. to request and receive, free of charge from the national information systems, public registers and other national regulatory authorities and the authorities of the applicants of the lag or the lag licensees;
31.3. to examine licensees and other persons on employment applications and the provision of services in the month following registration application to reply to the applicant;
19.5. to require licensees to provide explanations, if concerning a possible beneficiary of the license law violations in connection with job placement services;
19.6. to inform the competent national authorities if there are news about job placement services without a license;
19.6. to ensure the Agency's home page on the internet (www.nva.gov.lv) for the publication of notices on the merchants who have been granted a license, license suspended or revoked license.
32. Check licensees operating in place of the Director of the agency created a Supervisory Commission.
33. On the licensee site inspection results made in the monitoring of inspection shall be drawn up by the Commission, which assesses the licensee is complying with the requirements set out in these provisions. One copy of the inspection acts instead of transferring the license to the recipient. Inspection Agency shall forward to the other stakeholders.
34. If the Agency, making the license check, the recipient has found irregularities that can be the basis for the suspension of the licence or the cancellation of the test results shall be submitted to the Licensing Commission hearing, the question for decision on license suspension or cancellation, if not complied with the requirements set out in these provisions.
35. The license after receiving the test results immediately removes the specified violations.
36. the prevention of licensees are obligated to immediately notify the Agency in writing, adding supporting documentation. The Agency shall have the right to make sure that the irregularities found in the verification is correct.
V. licence suspension and cancellation of licence 37. Licensing Agency to the Commission, on the basis of an examination of the irregularities found, have the right to decide on the suspension of the licence for a period of up to six months, if not complied with the requirements set out in these rules, setting a deadline for the prevention of abuse. In this term, the licensee has the right to perform only those activities necessary to prevent such breaches. After licensing irregularities the Commission shall examine the question of the renewal of a licence.
38. The Licensing Commission shall take a decision on the withdrawal of the licence, if the agency determined that the licensee: 38.1. these provisions are not fulfilled obligations, creating a significant hazard or damage to the job placement service of the legitimate interests of the beneficiary, or the decision on the suspension of the licence for the prescribed period has not prevented any irregularities;

38.2. violated the other license usage regulations and infringements concerned cause or can cause hazard of the job placement service of the legitimate interests of the beneficiary;
23.8. provide false or misleading information, to receive a licence;
23.9. the recipient of the licence do not meet the requirements;
38.5. within 30 working days after the decision on the license issue citation is not removed;
24.0. job placement service has ended.
39. the licensee shall not participate in the Licensing Commission hearing cannot be a reason to postpone consideration of the question of the license suspension or cancellation.
40. where the Licensing Commission has adopted a decision on the suspension or withdrawal of the licence because it was not complied with the requirements set out in these rules, the Agency shall, within three working days after the decision on the written notice to the licensee.
41. a licensee within three working days after the receipt of the notification of the rules referred to in paragraph 40 of licensing refers the Commission's decision to license Agency. License cancellation does not exempt the licensee from the obligation to prevent irregularities or reimburse losses caused.
42. If the license has been suspended and the licensee does not transfer the license agency these provisions in paragraph 41, the time limit referred to in the Licensing Commission considers the issue of withdrawal of the licence.
43. If licence cancelled pursuant to this provision, and 23.8 23.7 23.7. bottom point or paragraph 42, the licensee repeatedly to submit documents for licence in General is entitled to no earlier than one year after the decision on the withdrawal of the licence. If licence cancelled under this subparagraph, the provisions of 38.4. licensee has the right to re-submit documentation licence general order after the reasons for which the license is cancelled.
44. If the job placement services is terminated, the licensee shall within three working days of the license Agency. 
Vi. Licensing of the Commission decision and the appeal of the opposition 45. Licensing Commission's decision may be appealed by submitting an application to the Director of the Agency. The Director of the Agency's decision may appeal to the Court of Justice of the administrative procedure law. 
VII. Closing questions 46. Be declared unenforceable for Cabinet July 5, 2005, the provisions of no. 491 "merchant-job placement service provider licensing and supervisory procedures" (Latvian journal, 2005, nr. 106; 2006, nr. 138).
47. License job placement services issued to the date of entry into force of the provisions, they are valid until the expiry date.
48. the licensee providing job placement services, based on this rule 47, paragraph license and want to continue the job placement services to existing licence expires, submit an application to the Agency for a new licence. In this case, the State fee for a new licence to the merchant pays 10 lats.
Prime Minister a. Halloween Welfare Minister d. Staķ is the Editorial Note: rules shall enter into force on July 7, 2007.
   
Annex to the Cabinet on July 3, 2007. Regulations No 458 Welfare Minister d.-Staķ