Merchants — Job Placement Service Provider 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/112119

Cabinet of Ministers Regulations No. 491 in Riga, July 5 2005 (pr. No 38 7) merchants — job placement service provider 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. down to business licensing and supervisory procedures that provide job placement services in Latvia, the national toll on job placement services (hereinafter licence) or extension of the term of validity of the licence (renewal) and the arrangements for payment of the State fee.
2. The merchant is entitled to provide job placement services (counselling, job placement information about job vacancies, work placements or other employment-enhancing services), if it is received by the State employment agency (hereinafter the Agency) issued a licence (annex).
3. the licence issued by the Agency does not require the operator to which is registered in another Member State of the European Union and is entitled to provide job placement services in accordance with its laws, if the job placement services in Latvia are not based permanently.
4. The trader that job placement services seeks to provide for the installation work in Latvia or to make people work in other countries, the provision of the service concerned in each country requires a separate license.
5. The license validity period is three years from the date of the decision granting or prolongation of the term of validity of the licence (renewal).
6. A decision on the issue of the licence, the renewal of the term of validity of the licence (renewal), license suspension or cancellation of the licence, shall adopt the Agency's established a licensing Commission.
7. Licensing Commission shall consist of not less than five members of the Commission — the Agency's representatives and one representative from the Ministry of Foreign Affairs, the Ministry of the Interior, the Ministry of welfare and the State labour inspectorates.
8. the licensing hearing, the Commission participates in a trader or his authorized representative. The Agency shall, not later than five working days before the meeting of the Licensing Commission sends a written invitation to the operator to sit (indicates the reason for inviting).
9. the Agency shall monitor the job placement service, not less frequently than once a year to check the activities of economic operators in place. The Agency shall submit the results of the Licensing Commission.
10. The operator shall pay the State fee for licence or extension of the term of validity of the licence (renewal). National toll (rate) of a licence is 100 dollars for the extension of the term of validity of the licence (renewal)-10 lats. The revenue from government fees included in the State budget.
II. Licence required documents 11. Merchant who wants to receive a licence (hereinafter applicant) shall submit the following documents to the Agency: 11.1. licence applications. The application shall state: 11.1.1. business name of the tenderer, the legal and the site address, phone number, website address, Web or e-mail address;
11.1.2. the country intended to provide job placement services;
11.1.3. foreign employment agencies (foreign partner) companies, legal and site address, phone number, website address or internet email address, if the job placement services intended to provide foreign country;
11.2. the merchant copy of the registration certificate;
11.3. the data supplied by the State inspection of the personal data processing system, a copy of the registration certificate;
11.4. the applicant and the client model, which identifies the subject of the contract: 11.4.1.;
11.4.2. obligations and rights of the parties;
11.4.3. the duration of the contract;
11.4.4. job placement services and receipt of order;
11.4.5. the liability of the parties, if not fulfilled treaty obligations.
12. in order to receive the license of the job placement services in Latvia, the applicant in addition to the provisions referred to in paragraph 11 of the documents submitted to the Agency by the applicant and the employer in the employment of the model agreements on cooperation in the provision of services.
13. to receive the license of the job placement services in a foreign country, the applicant in addition to the provisions referred to in paragraph 11 of the document submitted by the competent foreign authority, the Agency issued a copy of the document certifying that a foreign partner is entitled to provide job placement services in the relevant foreign country.
14. If by such terms more licences submitted identical documents, the applicant shall submit only a single copy.
15. the licence applications shall be lodged in the national language. Translation of the document certifying documents and their translation of the rule of law, regulatory laws. The applicant is responsible for the accuracy of the information provided.
16. By submitting a copy of the document (except for this provision, paragraph 13 of the document), the presentation of the originals.
17. The applicant shall submit the documents to the licence certifies in writing that it has administered the State revenue service tax debt.
III. extension of the term of validity of the licence (renewal) necessary documents 18. If a merchant who received the licence (hereinafter licensee), wants to extend its validity period (re the license), it not later than 30darbdien before the license expiration date shall submit to the Agency the following documents: 18.1 application extension of validity of the licence (renewal). The application shall state: 18.1.1. license recipient firm, legal and site address, phone number, website address, Web or e-mail address;
18.1.2. country in which intended to provide job placement services;
18.1.3. foreign partner companies, legal and site address, phone number, website address or internet email address, if the job placement services intended to provide foreign country;
18.2 other this provision 11, 12 and 13. documents referred to in paragraph 1, if the specified therein is changed or expired period of validity of the document.
19. the documents submitted, the period of validity of the licence renewal (renewal), licensees will follow that rule 14, 15, 16 and 17 provided for in point requirements.
IV. examination of Documents and licence 20. Agency shall check the documents submitted for the specified message and passes the document to the Licensing Commission hearing.
21. If the documents submitted the selected messages are incomplete, the Agency shall require that the applicant (license recipient) shall submit the necessary documents or messages, and their reception passes the document to the Licensing Commission hearing.
22. Licensing Commission within 30 working days of receipt of all required documents, adopt a decision on the issue or extension of the term of validity of the licence (renewal) or the decision on the refusal to issue a licence or to extend the term of validity of the licence. If the competent authorities of foreign States, the document issued by the foreign partner is entitled to provide job placement services in the relevant foreign country for a period which is less than three years, licensing, the Commission shall take a decision on the issue or extension of the term of validity of the licence (renewal) to the time-limits laid down in the document.
23. the Licensing Commission shall take a decision on the refusal to issue a licence or to extend the period of validity of a licence (re the license) in the following cases: 23.1. applicants (licensees) does not submit the requirements of these provisions within the Agency, according to documents;
23.2. found that applicants (licensees) provided false or misleading information;
14.5. licensee is not filled with the rule in paragraph 31.
24. Within three working days after the decision, the Agency shall notify in writing the applicant (licensees). The notice of refusal to issue a licence or to extend the period of validity of a licence (re the license) indicates the reason for the refusal, and also indicates that the applicant (recipient of the licence) is right after the refusal, to submit documents for the general licence procedures.
25. on the basis of the licensing decision of the Commission on the issue of the licence, the Agency shall issue a licence. License signature Licensing Commission Chairman, and confirmed with the Agency's seal.
26. The applicant obtaining the licence, provide the Agency with a copy of the document (the original show), which certifies the payment of State fees. If the extended period of validity of the licence, the licensee shall transfer the license previously issued in the Agency.
27. the Agency shall not issue a license if the licensee changed the firm legal or site address. Get a license again, the licensee transfers the licence previously issued to the Agency.
28. the Agency shall issue a duplicate licence, if the license is lost, damaged or become invalid. After being informed of the loss of the license in the Licensing Commission considers the lost license void. You receive a duplicate license, licensee or invalid license corrupt transfer agency.
29. If the licence is issued, or issue a duplicate licence, the period of validity of the original licence is saved (no stops).

30. the licence or extension of the term of validity of the licence (renewal) the documents submitted, as well as with job placement service for monitoring the related documents are stored in the Agency.
V. obligations of licensees and the rights 31. Licensees shall have the following responsibilities: 19.3. writing a contract with their employer, the foreign partner and the customer and ensure that contracts correspond to Latvian and foreign legislation concerned;
31.2. to present customers with the conditions laid down by the employers and foreign partners contracts concluded, and provide job placement services to customers under these treaties and the agreement with the customer;
31.3. to present customers with employment contracts, as well as the conclusion of the contract of employment compliance with Latvian and foreign laws or regulations;
19.5. maintaining customer database, including information about your employment in Latvia and abroad;
19.6. to register complaints about job placement services, examine them and respond to them;
19.6. to the next quarter's first twenty-fifth day of the month to submit to the Agency a report on job placement services in the previous quarter;
19.7. within 10 working days written notice to the Agency of the change in the application or other documents in specified messages and submit changes to the supporting documentation (copies of documents);
19.8. the three working days notify the Agency if a license lost, damaged, or become invalid.
32. The review of job placement services of the licensee: 32.1. number of contracts concluded with the customers, job placement services, and information on the performance of the contract;
32.2. the number of contracts concluded with employers;
32.3. job placement services provided;
20.1. registered customers;
32.5. the employer applied for the number of job vacancies;
32.6. the installation in the number of customers in Latvia and in the relevant foreign country according to occupations and sectors;
32.7. occupations with the largest job arranged by number of customers.
Vi. The license suspension and cancellation of licences 33. Licensing Commission, on the basis of law enforcement, the State revenue service or other State, local, or foreign competent institution the documents submitted on the irregularities found, is entitled to take a decision on the suspension of the licence until the full facts of the case.
34. The Licensing Commission shall take a decision on the withdrawal of the licence, if the licensee does not comply with this: 34.1. the provisions referred to in paragraph 31.
21.3. running contrary to the legitimate interests of the customer and have received justified complaints about licensees provided by job placement services;
21.3. provide false or misleading information in order to receive the license or extend its validity period (re-registered license).
35. the licensee shall not participate in the Licensing Commission hearing cannot be a basis to set aside the matter of the suspension of the licence or the withdrawal of the licence.
36. where the Licensing Commission has adopted a decision on the suspension or withdrawal of the licence, the three working days after the decision on the written notice to the licensee.
37. the licensee within three working days after receipt of the decision of the Licensing Commission for suspension of the licence is transferred the license Agency.
38. If Licensee license does not transfer these provisions within the agency within the period referred to in paragraph 37, the Licensing Commission shall examine the question of the withdrawal of the licence.
39. If licence cancelled pursuant to this provision, section 34.1 34.2. or 38, the licensee repeatedly to submit documents for licence in General is entitled to not less than one year after the decision on the date of the withdrawal of the licence. If licence cancelled pursuant to this provision, paragraph 21.3. licensee has the right to re-submit documentation licence general order after the cancellation reason.
40. If the job placement services is terminated, the license validity period is not extended or license has been cancelled, the licensee shall within three working days of the license Agency.
VII. notification of licences and the 41 appeals against decisions. The Agency shall, not later than five working days after the licence, license expiration date, a decision on the suspension of the licence, the licence annulment or cancellation of the license shall be published in the Agency's website on the internet (www.nva.lv) announcement of business operators who have been granted a licence, the period of validity of the licence, the licence is suspended, licence found to be invalid or revoked license.
42. The 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 law.
VIII. Closing questions 43. License job placement services for a fee, to the rules issued to the date of entry into force of those specified are valid until the expiry date.
44. the rule applicable to 1 July 2005.
Prime Minister, Health Minister g. Smith Welfare Minister d. Staķ is the Editorial Note: rules applicable to 1 July 2005.