Question 1. Explain Legal Framework For Employment Legal Relationships?
Employment legal relationships are regulated by the Constitution of the Republic of Latvia, the norms of international law which are binding on the Republic of Latvia, this Law and other regulatory enactments, as well as by collective agreements and working procedure regulations.
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Question 2. Employees Provident Fund And Miscellaneous Provisions Act, 1952 Is Applied To Establishments Employing Not Less Than _______
Question 3. Explain Effect Of Laws Regulating Employment Legal Relationships With Respect To Persons ?
This Law and other regulatory enactments that regulate employment legal relationships shall be binding on all employers irrespective of their legal status and on employees if the mutual legal relationships between employers and employees are based on an employment contract.
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Question 4. Explain About Employees?
An employee is a natural person who, on the basis of an employment contract for an agreed work remuneration, performs specific work under the guidance of an employer.
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Question 5. Explain Invalidity Of Regulations That Erode The Legal Status Of Employees?
- Provisions of a collective agreement, working procedure regulations, as well as the provisions of an employment contract and orders of an employer which, contrary to regulatory enactments, erode the legal status of an employee, shall not be valid.
- Provisions of an employment contract which contrary to a collective agreement erodes the legal status of an employee shall not be valid.
Question 6. Explain The Principle Of Equal Rights?
- Everyone has an equal right to work, to fair, safe and healthy working conditions, as well as to fair work remuneration.
- The rights provided for in Paragraph one of this Section shall be ensured without any direct or indirect discrimination – irrespective of a person's race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances.
- In order to promote the adoption of the principle of equal rights in relation to disabled persons, an employer has a duty to take measures that are necessary in conformity with the circumstances in order to adapt the work environment to facilitate the possibility of disabled persons to establish employment legal relations, fulfil work duties, be promoted to higher positions or be sent for occupational training or the raising of qualifications, insofar as such measures do not place an unreasonable burden on the employer.
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Question 7. Explain The Right To Unite In Organisations?
Right to Unite in Organisations : Employees, as well as employers have the right to freely, without any direct or indirect discrimination in relation to any of the circumstances referred to in Section 7, Paragraph two of this Law, unite in organisations and to join them in order to defend their social, economic and occupational rights and interests.
Affiliation of an employee with the organisations referred to in Paragraph one of this Section or the desire of an employee to join such organisations may not serve as a basis for refusal to enter into an employment contract, for termination of an employment contract or for otherwise restricting the rights of an employee.
Question 8. Explain The Prohibition To Cause Adverse Consequences?
Prohibition to Cause Adverse Consequences :
It is prohibited to apply sanctions to an employee or to otherwise directly or indirectly cause adverse consequences for him or her because the employee, within the scope of employment legal relationships, exercises his or her rights in a permissible manner, as well as when if he or she informs competent institutions or officials regarding suspicions with respect to the committing of criminal offences or administrative violations in the workplace.
If in the case of a dispute, an employee indicates conditions, which could be a basis for the adverse consequences caused by the employer, the employer has a duty to prove that the employee has not been punished or adverse consequences have been directly or indirectly caused for him or her because the employee, within the scope of employment legal relationships, exercises his or her rights in a permissible manner.
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Question 9. What Is The Representation Of Employees?
Representation of Employees :
- Employees shall exercise the defence of their social, economic and occupational rights and interests directly, or indirectly through the mediation of employee representatives. Within the meaning of this Law, employee representatives shall mean:
- an employee trade union on behalf of which a trade union institution or an official authorised by the articles of association of the trade union acts; or
- authorised employee representatives who have been elected in accordance with Paragraph two of this Section.
- Authorised employee representatives may be elected if an undertaking employs five or more employees. Authorised employee representatives shall be elected for a specified term of office by a simple majority vote at a meeting in which at least half the employees employed by an undertaking of the relevant employer participate. The course of the meeting shall be recorded in minutes and decisions taken shall be entered in the minutes. Authorised employee representatives shall express a united view with respect to the employer.
- If there are several employee trade unions, they shall authorise their representatives for joint negotiations with an employer in proportion to the number of members of each trade union but not less than one representative each. If representatives of several trade unions have been appointed for negotiations with an employer, they shall express a united view.
- If there is one employee trade union or several such trade unions and authorised employee representatives, they shall authorise their representatives for joint negotiations with the employer in proportion to the number of employees represented but not less than one representative each. If representatives of one employee trade union or representatives of several such trade unions and authorised employee representatives have been appointed for negotiations with an employer, they shall express a united view.
- In calculating the number of employees upon the reaching of which authorised employee representatives may be elected in an undertaking, or institutions of representation may be established, as well as in calculating the number of employees represented, the employees with whom an employment contract has been entered into for a specified term shall also be taken into account.
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Question 10. What Are The Rights And Duties Of Employee Representatives?
Rights and Duties of Employee Representatives : Employee representatives, when performing their duties, have the following rights:
- To request and receive from the employer information regarding the current economic and social situation of the undertaking, as well as regarding possible changes;
- To receive information in good time and consult with the employer before the employer takes such decisions as may affect the interests of employees, in particular decisions which may substantially affect work remuneration, working conditions and employment in the undertaking;
- To take part in the determination and improvement of work remuneration provisions, working environment, working conditions and organisation of working time, as well as in protecting the safety and health of employees;
- To enter the territory of the undertaking, as well as to have access to workplaces;
- To hold meetings of employees in the territory and premises of the undertaking;and
- To monitor how regulatory enactments, the collective agreement and working procedure regulations are being observed in employment legal relationships.
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Question 11. Explain The Law Applicable To Contracts Of Employment And Employment Legal Relationships?
Law Applicable to Contracts of Employment and Employment Legal Relationships :
- An employee and an employer may agree on the law applicable to an employment contract and employment legal relationships. Such choice may not abrogate or restrict the protection of an employee that is determined by prescriptive or prohibitive norms of a law of the State which law would be applicable in conformity with Paragraphs two, three, four or five of this Section.
- If an employee and employer have not chosen the applicable law, the laws of Latvia shall apply to the employment contract and employment legal relationships in so far as Paragraphs three and four of this Section does not provide otherwise.
- If an employee and employer have not chosen the applicable law and the employee in conformity with an employment contract normally performs his or her work in another state, the law of that other state shall apply to the employment contract and employment legal relationships.
- If an employee and employer have not chosen the applicable law and the employee in conformity with an employment contract does not perform his or her work in one and the same state, the law of the state in which is located the undertaking which hired the employee shall be applicable to the employment contract and employment legal relationships.
- The provisions of Paragraphs three and four of this Section shall not apply if it appears from the circumstances that the employment contract or employment legal relationships is more closely linked with another state. In such case, the law of the other state shall apply.
- Within the meaning of this Section, a law shall mean any legal norm.
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Question 12. Explain The Posting Of An Employee?
Posting of an Employee :
- Within the meaning of this Law, posting of an employee shall mean those cases where, in connection with the provision of international services:
- the employer, on the basis of a contract which he or she has entered into with a person for whose benefit the work will be performed, sends an employee to another state;
- the employer sends an employee to another state to a branch or to an undertaking that is part of the group of companies; or
- a placement agency as employer sends an employee to a person for whose benefit the work will be performed if the undertaking of such person is located in another state or it performs its operations in another state.
- Within the meaning of this Section, an employee sent shall mean an employee who for a specified period of time performs work in a state other than the state in which he or she customarily performs work.
- If an employee has been sent to perform work in Latvia, then, irrespective of the law applicable to the employment contract and employment legal relationships, such employee who has been sent shall be ensured the working conditions and employment provisions provided for by Latvian regulatory enactments, as well as by collective agreements which have been recognised as generally binding and which regulate:
- maximum working time and minimum rest period;
- minimum annual paid leave;
- minimum wage rates, as well as supplementary payment for overtime work;
- provisions regarding securing a workforce, especially through a work placement agency;
- safety, health protection and hygiene at work;
- protection measures for persons under 18 years of age, for pregnant women and women during the period following childbirth, as well as the provisions of work and employment of such persons; and
- equal treatment of men and women, as well as prohibition of discrimination in any other form.
- An employer who sends an employee to perform work in Latvia has a duty, prior to posting the employee, to inform in writing the State Border Guard and State Labour Inspection regarding such a sent employee, indicating:
- given name and surname of the employee;
- date of commencing work;
- intended length of employment;
- location of performing the work; and representative of the employer in Latvia.
- The provisions of this Section shall not apply to the ship's crews of merchant fleet undertakings.
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Question 13. Specify The Time Periods?
Time periods provided for by this Law shall be specified as calendar dates or time periods calculated in years, months, weeks or days. A time period may also be specified by indicating an event that will occur in any case.
Question 14. What Are The Calculation Of Time Periods?
- A time period shall run from the date or from the day of the occurrence of an event, which determines the beginning of the time period.
- A time period calculated in years shall expire on the relevant month and date of the last year of the time period.
- A time period calculated in months shall expire on the respective date of the last month of the time period. If a time period calculated in months terminates in a month, which does not have the respective date, the time period shall expire on the last day of such month.
- A time period calculated in weeks shall expire on the respective day of the last week of the time period.
- If the time period expires on a weekly day of rest or a holiday, the subsequent working day shall be deemed to be the last day of the time period.
- A time period specified up to a specific date shall expire on that date.
- If a time period is specified for the completion of an activity, such activity may be completed on the last day of the time period up to 24:00 hours. If such activity is to be completed in an undertaking, the time period shall expire on the hour when the specified working time of the undertaking ends.
- All written submissions or notifications, which have been delivered to a post office by 24:00 hours on the last day of the time period, shall be considered as having been delivered within the time period.
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Question 15. Explain Content And Form Of Collective Agreements?
- Parties to a collective agreement shall reach agreement on the provisions regulating the content of employment legal relationships, in particular the organisation of work remuneration and labour protection, establishment and termination of employment legal relationships, raising of qualifications, work procedures, social security of employees and other issues related to employment legal relationships, and shall determine mutual rights and duties.
- Without special arrangements, parties to a collective agreement shall:
- during the period of the existence of the collective agreement refrain from any measures which are directed at unilateral amendments to its provisions unless provided otherwise by regulatory enactments or by the collective agreement; and
- ensure that the provisions of the collective agreement are complied with and fulfilled both by the employer and the employees.
- A collective agreement shall be entered into in writing.
Question 16. Who Are The Parties To A Collective Agreement?
- A collective agreement in an undertaking shall be entered into by the employer and an employee trade union or by authorised employee representatives if the employees have not formed a trade union.
- A collective agreement in a sector or territory (hereinafter – general agreement) shall be entered into by an employer, a group of employers, an organisation of employers or an association of organisations of employers, and an employee trade union or an association (union) of employee trade unions if the parties to the general agreement have relevant authorisation or if the right to enter into a general agreement is provided for by the articles of association of such associations (unions).
- A general agreement entered into by an organisation of employers or an association of organisations of employers shall be binding on members of the organisation or the association of organisations.
- If members of an organisation of employers or an association of organisations of employers employ more than 50 per cent of the employees in a sector, a general agreement entered into between the organisation of employers or association of organisations of employers and an employee trade union or an association (union) of employee trade unions shall be binding on all employers of the relevant sector and shall apply to all employees employed by the employers. With respect to such employers and employees, the general agreement shall come into effect on the day of its publication in the newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia] unless the agreement specifies another time for coming into effect. The parties shall publish the general agreement in the newspaper Latvijas Vēstnesis on the basis of a joint application.
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Question 17. What Is The Effect Of Collective Agreements In Time?
- A collective agreement shall be entered into for a specified period of time or for a period of time required for the performance of specific work. A collective agreement shall come into effect on the date it was entered into, unless the collective agreement specifies another time for coming into effect. If a collective agreement does not specify a time of effect, the collective agreement shall be deemed to have been entered into for one year.
- A collective agreement may be terminated before the expiry of its term on the basis of:
- agreement by the parties; or
- notice of termination by one party if such right has been agreed upon in the collective agreement.
- Upon termination of a collective agreement its provisions, with the exception of the duty specified in Section 17, Paragraph two, Clause 1 of this Law, shall apply up to the time of coming into effect of a new collective agreement, unless agreed otherwise by the parties.
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Question 18. What Is The Effect Of A Collective Agreement With Respect To Persons?
Effect of a Collective Agreement with Respect to Persons :
- A collective agreement shall be binding on the parties and its provisions shall apply to all employees who are employed by the relevant employer or in a relevant undertaking of the employer, unless provided for otherwise in the collective agreement. It shall be of no consequence whether employment legal relationships with the employee were established prior to or after the coming into effect of the collective agreement.
- An employee and an employer may derogate from the provisions of a collective agreement only if the relevant provisions of the employment contract are more favourable to the employee.
Question 19. Explain Familiarisation With A Collective Agreement?
- An employer has a duty to familiarise all employees with the collective agreement not later than within a one-month period from its approval or from the time of amendments made to the provisions of the collective agreement.
- An employer has a duty to make the text of a collective agreement available to every employee.
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Question 20. What Is The Approval Of A Collective Agreement?
- In order for a collective agreement entered into by an undertaking to be valid, its approval at a general meeting (conference) of employees is required.
- The collective agreement shall be approved by a simple majority vote at a general meeting at which at least half the employees of the relevant undertaking participate.
- If it is impossible to convene a general meeting of employees due to the large number of employees employed by an undertaking or due to the nature of work organisation, the collective agreement shall be approved by a simple majority vote at a conference of employee representatives at which at least half of the employee representatives participate.
- The validity of a general agreement does not require its approval.
Question 21. What Is The Violation Of The Prohibition Of Differential Treatment When Giving Notice Of Termination Of An Employment Contract During The Probation Period ?
Violation of the Prohibition of Differential Treatment when Giving Notice of Termination of an Employment Contract during the Probation Period :
If an employer when giving a notice of termination of an employment contract during the probation period has violated the prohibition of differential treatment, an employee has the right to bring an action to a court within a one-month period from the date of receipt of a notice of termination from the employer.
Question 22. What Are The Consequences Of A Probation Period?
Consequences of a Probation Period :
During the probation period, the employer and the employee have the right to give a notice of termination of the employment contract in writing three-days prior to termination. An employer, when giving the notice of termination of an employment contract during a probation period, does not have a duty to indicate the cause for such notice.
If the contracted term of a probation period has expired and the employee continues to perform the work, it shall be considered that he or she has passed the probation period.
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Question 23. What Is The Specification Of A Probation Period?
Specification of a Probation Period :
When entering into an employment contract, a probation period may be specified in order to assess whether an employee is suitable for performance of the work entrusted to him or her. If an employment contract does not specify a probation period, it shall be regarded as entered into without a probation period. A probation period shall not be determined for persons under 18 years of age.
The term of a probation period may not exceed three months. The said term shall not include a period of temporary incapacity and other periods of time when the employee did not perform work for justified cause.
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Question 24. What Is The Term Of An Employment Contract Entered Into For A Specified Period?
- The term of an employment contract entered into for a specified period may not exceed three years (including extensions of the term) if another term has not been specified in another law for the employment contract. The entering into a new employment contract with the same employer shall also be regarded as extension of the term of the employment contract if during the period from the date of entering into the former employment contract until the entering into a new employment contract the legal relationship has not been interrupted for more than 30 consecutive days.
- The term for which an employment contract has been entered into for performing seasonal work (including extensions of the term) may not exceed 10 months within a period of one year.
- The term of an employment contract entered into in accordance with Section 44, Paragraph one, Clause 3 of this Law may if necessary be extended by exceeding the term referred to in Paragraph one of this Section. If an employee who is absent or suspended from work due to some circumstances does not continue or may not continue employment legal relationships, the employment contract of the employee replacing him or her shall be regarded as entered into for an unspecified period.
- If, upon expiry of the term for which an employment contract has been entered into, no party has requested termination of the employment contract and employment legal relationships are effectively continuing, the employment contract shall be regarded as entered into for an unspecified period.
Question 25. Explain The Invalidity Of An Employment Contract?
Invalidity of an Employment Contract : An employment contract that is contrary to regulatory enactments shall be deemed as null and void only for further time periods, and an employer, if he or she was at fault for the entering into of such contract and it is not possible to enter into an employment contract with an employee in conformity with regulatory enactments, has a duty to pay compensation to the employee in the amount of at least six months average earnings.
In case of doubt, the invalidity of a particular provision included in an employment contract shall not affect the validity of the rest of the employment contract.
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Question 26. What Are The Consequences Of Failure To Comply With The Written Form?
If, when entering into an employment contract, its written form has not been complied with, an employee has the right to request that the employment contract be expressed in writing. For this purpose, an employee may use any evidence pertaining to the existence of employment legal relationships and the content of such relations.
If the employee and the employer, or at least one of the parties, has started to perform the duties contracted for, an employment contract that does not conform to the written form shall have the same legal consequences as an employment contract expressed in writing.
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Question 27. Explain The Prohibition Of Differential Treatment When Establishing Employment Legal Relationships?
Prohibition of Differential Treatment when Establishing Employment Legal Relationships : If when establishing employment legal relationships an employer has violated the prohibition of differential treatment, an applicant has the right to bring an action to a court within a period of one month from the date of receipt of refusal of the employer to establish employment legal relationships with the applicant.
If employment legal relationships have not been established due to the violation of the prohibition of differential treatment, the applicant does not have the right to request the establishment of such relations on a compulsory basis.
Question 28. What Are The Documents Necessary For Preparing An Employment Contract?
Documents Necessary for Preparing an Employment Contract : When preparing an employment contract an applicant has a duty:
- to present a personal identification document; and
- to submit other documents in cases provided for by regulatory enactments.
When preparing an employment contract for the performance of such work as requires special knowledge or skills, an employer has the right to request the applicant to present documents that certify his or her education or occupational preparedness.
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Question 29. Explain About Health Examination?
- An employer may request an applicant to undergo a health examination, which would allow verification that the applicant is suitable for performance of the intended work.
- In the opinion regarding the state of health of an applicant, the doctor shall indicate only whether the applicant is suitable for performance of the intended work.
- Expenditures related to the health examination of an applicant shall be covered by the employer, except in cases where the applicant has knowingly provided the employer with false information during a job interview.
Question 30. What Is The Basis And Scope Of Civil Liability Of Employees?
- If an employee does not perform work without justified cause or performs it improperly, or due to other illegal or culpable action has caused losses to the employer, the employee has a duty to compensate the losses caused to the employer.
- The employee shall be liable only for the reduction of the present property of the employer, but not for reduction in expected profit.
- If losses to an employer have been caused with malicious intent of the employee or due to his or her illegal, culpable action not related to performance of the contracted work, the employee shall be liable for all losses to the employer.
- An employee whose work is related to an increased risk of losses shall be liable only if losses to the employer have been caused as a result of malicious intent or gross negligence.