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Aliens And Stateless Persons In The Conditions Of Latvia

Original Language Title: Ārvalstnieku un bezvalstnieku nodarbināšanas kārtība Latvijā

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The Republic of Latvia Cabinet of Ministers of 28 March 2000 in Regulation No. 116 (in Riga. Nr. 14, 7. §) Aliens and stateless persons in the conditions of Latvia Issued under Cabinet installations of article 14 of the law of 1. These rules determine the order in which Latvia allowed to employ foreign nationals and stateless persons (migrant workers) who do not have permanent residence, regardless of their legal entry and residence (termiņuzturēšan permit, a special visa).
2. Any natural or legal person is entitled to employ workers on a contract of employment or contract of the company or the other way, giving entitlement to compensation, if migrant workers have received work permits (annex 1).
3. a Person who wishes to employ migrant workers, employer (client) — public service employment branch after work or for the place of performance by the employer (principal) place of registration (hereinafter referred to as the service local authority) approved employer (contractor) call (hereinafter work call) (annex 2) for each guest.
4. to approve the work call the employer (the principal) in the local authority service shall submit the following documents: 4.1 submission where a valid need to employ migrant workers;
4.2. the call (single copy) for each guest who wants to work in Latvia;
4.3 guest worker profession, specialty and qualification of the legalized document notarized copy;
4.4. the employment agreement or concerted company contract a copy of the draft;
4.5. the employer (principal) of the registration certificate, statute, statute, or other legal status a copy of identity document;
4.6. the State revenue service certificate of that employer (the principal) is not the tax debt, which is administered by the State revenue service;
4.7. notarized authorization (license), if the employer (principal) of migrant workers employed in work that requires a permit (license).
5. If migrant workers work in Latvia in accordance with the company's contract, the Subscriber must submit the employment public services enterprise agreement to the Director a copy of the project and the customer's registration certificate, statute, statute, or other legal status, a copy of the identity document to the validation before you call coordinated company specified in the draft contract employment, position, profession, place of work and performance.
6. the State employment service Director within five working days from the date of submission to the rule referred to in paragraph 5 and shall take a decision on the company's contract reconciliation or refusal to match the company's contract.
7. If the State employment service for the job the client may suggest unemployment registered the candidacy of local authority and of the service for which you are qualified, and if the customer specified place in accordance with the law "on employment", article 11 shall be declared reachable to the unemployed person, the public employment service Director refused the company's contract.
8. the local authority within 10 working days from the date of submission to the rule referred to in paragraph 4, the documents and approved work 8.1: a call is made to the notes for payment to be made for the issue of a work permit or exemption from fees. Approved work call forward to the employer (principal), adding on work permit prescribed fees calculated copies (if the employer (the principal) in accordance with the provisions of paragraph 13 is not exempt from the fees for the issuance of the work permit);
8.2. does not approve the work calls and in writing, notify the employer (principal), indicating the call approval reasons if not: 8.2.1. employer (the principal) declined more than two professional local authorities send appropriate qualified applicants for the position;
8.2.2. the call made at the same time, the work of migrant workers to more employers (subscribers) and estimated working time exceeds the normal working time.
9. the local authority work call shall only be approved, if the following conditions are met: 9.1 guest lays claim to jobs or posts that match his vocational education and qualifications, and shall certify that the documents referred to in point 4.3;
9.2. the employer (the principal) in the local authority service has registered job vacancies or specialist vacancy and registration is free for more than a month (before all the provisions referred to in paragraph 4 of document submission);
9.3. the local authority is not a registered unemployed person who meets the qualifications of a specialty in which to free job qualifying migrant workers.
10. This provision, 9.2 and 9.3 4.6. the conditions referred to in subparagraph does not apply to migrant workers who qualify for the following vacancies: 10.1. State and municipal educational institutions training staff;
10.2. the budget of the State scientific institutions funded scientists;
10.3. Government funded cultural institution managers;
10.4. consultants (experts) in accordance with paragraph 23 of these rules;
10.5. the sports-coach;
10.6. company (company) Board or Board members, managing directors, as well as the persons who take the company's (the company) operational command;
10.7. social organizations, members of the management organ.
11. the local authority for the issuance of the work permit to the employer (the principal) fee, which is determined in accordance with the established procedure, the Minister of welfare is calculated using the following formula: Breģ.
M = Amin. – – – – x x TM that Bvid.
M – the fee for the issuance of work permits (lats);
Amin. — the national minimum wage (salary) (b. c.);
Breģ. — registered unemployment rate (%) in the area (city, State, province, County), which is expected to employ migrant workers, according to the Central Statistical administration the previous month, official data that are available on the day of the charge is calculated on the work permit;
Bvid. — the average registered unemployment rate (%) in the country in accordance with the Central Administration of statistics in the previous month, official data that are available on the day of the charge is calculated on the work permit;
TM: (company) the contractual term of the work (in months).
12. Fee for the issue of one work permit employment of migrant workers for one may not be less than the national minimum wage (salary) and more than twenty State minimum wage laid down in the (salary).
13. From the fees for the issuance of the work permit exempt: 13.1. national and local education authorities for the issuance of work permits for faculty;
13.2. State budget-funded scientific institutions — on the issue of work permits for researchers;
13.3. the State budget-funded cultural institutions — about the work permits issuance of a cultural institution managers;
13.4. the employer (the principal) that employ this provision, paragraph 23;
13.5. the employers that employ: 13.5.1. sports-trainers;
13.5.2. Enterprise (company) Board or Board members, managing directors, as well as persons in the company (the company) makes operational management;
13.5.3. social organizations the members of the management organ.
14. after receiving the citizenship and Migration Board that the decision on a residence permit or visa issuance is approved, the employer (principal) fee for the issuance of work permits for employment in special contributions in the budget whose resources are used in accordance with the law "on insurance against unemployment".
15. the call and Approved the payment, a copy of the document confirming that the payment is made (if the employer (the principal) in accordance with the provisions of paragraph 13 is not exempt from the fees for the issuance of the work permit) shall be submitted to the citizenship and Migration Affairs Administration, which the migrant workers with a residence permit or visa is issued a work permit.
16. the authorisation shall specify the guest's name, specialty or profession, the country from which the migrant workers arrived, the employer (principal) name, registration number and registered office, place of work (address), the performance period start and end dates.
17. the citizenship and Migration Board officials concerned sign a work permit and certify it with authority.
18. the migrant workers work permit work permit to store the specified deadline and presented at the supervisory and control body of the request.
19. If the employment of migrant workers will be terminated prior to the contractual deadline of the end of work, the employer (principal) three working days notify the citizenship and Migration Board.

20. When the period of the work permit, work permit from the new general order issued by approving a new call. If the employer (principal) wants to continue working with the same worker, the employer shall submit to the service (the client) the local authority application, which justified the need to employ migrant workers, and 4.4 of these rules referred to as well as other this provision in paragraph 4 of these documents, if previously submitted has changed the information provided in the documents.
21. the citizenship and Migration Board every month until the fifth date sent to the relevant local authority services: 21.1. migrant workers handed out copies of a work permit (for the previous month);
21.2. the guest list, which refused a residence permit or a visa or residence permit or cancelled the visa because the terminated;
21.3. the work payments made to the copy of the document (if the employer (the principal) in accordance with the provisions of paragraph 13 is not exempt from the fees for the issuance of the work permit).
22. the local authority migrant workers work permits issued are recorded in the register of migrant workers, giving the employer (principal) name, registration number and registered office, guest's name, specialty or profession in which migrant workers, work deadlines, start and end date, a performance space and countries of migrant workers arrived.
23. for migrant workers residing in Latvia, to provide assistance to State and local government institutions or to implement international agreements and projects, which is a Member State, Latvia and which the authorities for employ of consultants (experts), the local authority service: 23.1. Approves the work on the draft Treaty of calls set time if the institution concerned shall submit to the institution of the local service confirmation that migrant workers have arrived in Latvia to provide the assistance referred to in this paragraph and a copy of the draft contract;
23.2. forward to the employer (the principal) approved a work call, be submitted to the citizenship and Immigration Department residence permit or visa and work authorization.
24. An alien or stateless person in Latvia come to life at a spouse who is a Latvian citizen, non-citizen or permanent residence of aliens or stateless persons received, and willing to work, citizenship and Migration Affairs Board (apart from the alien or stateless person's profession, education and local authority agencies registered vacancies) work permits shall be issued free of charge according to the residence period referred to.
25. This provision 24. in the case referred to in paragraph alien or stateless person shall have the right to work for any employer in Latvia, and a work permit is given only for the period of the work permit, corresponding to a residence permit.
26. the migrant workers of the actual terms of the contract or contracts with an employer (the principal) could not be the basis for approval of work call and work permits issued.
27. Be declared unenforceable in the Cabinet of Ministers of 17 February 1998, the provisions of no. 54 "aliens and stateless persons, the conditions of the Republic of Latvia (Latvian journal, 1998, 44./45.nr.).
28. The entry into force of the provisions by 1 April 2000.
 
Prime Minister a. slice Welfare Minister r. Jurdž in