In Latvia the legal framework for posting of workers is set by the Labour Law. By this legal framework the Directive 96/71/EC concerning the posting of workers in the framework of the provision of services was transposed.
All issues concerning the posting of workers are subject to the Labour Law, including also such related issues as work remuneration, working time and rest time, prohibition of differential treatment, etc. However, issues related to occupational health and safety are subject to the Labour Protection Law and a number of regulations issued by the Cabinet of Ministers. Issues that are related to reimbursement of an official travel expenses are subject to special regulations of the Cabinet of Ministers.
Posting of workers to carry out work in Latvia
Obligations of the employer in the event of posting workers to carry out work in Latvia:
An employer who posts his/her worker to carry out work in Latvia (within the framework of provision of works or services) shall comply with the administrative requirements established in the Labour Law and shall ensure to his/her worker the working conditions and employment provisions prescribed by the regulatory enactments of Latvia.
If under an employment contract concluded abroad (in any EU or EEA country other than Latvia) the worker has more favourable working conditions and employment provisions compared with the minimum requirements set forth in the regulatory enactments of Latvia, as well as by the collective agreements, which have been recognised as generally binding, then in respect to the worker the conditions of the contract concluded with the worker continue to apply. For example, if the employment contract of worker from another country provides for a higher salary than the Latvian minimum standards set by regulatory enactment, then such worker is paid the salary set forth in his/her employment contract, thus ensuring the employee’s situation is not compromised.
The regulatory enactments of Latvia provide for a number of obligations the employer must comply with both before the employee is posted to Latvia, as well as during the posting period in Latvia.
Obligation to inform the State Labour Inspectorate
An employer who posts an employee to perform work in Latvia has a duty, prior to posting the employee to inform in writing in the Latvian language the Latvian State Labour Inspectorate regarding such posted employee, indicating:
- the given name, surname and address of a natural person who is employer, or the name (business name) of the legal entity (company), its registration number, address and other contact information (telephone number, e-mail address);
- the given name and surname of the employee;
- the anticipated duration of the posting, as well as the date of commencement and completion of work;
- the location of performing the work (if the performance of work duties is not intended in some certain place, specify that the employee may be employed in different locations);
- representative of the employer, including the given name, surname and contact information:
- who is authorised to represent the employer in the State institutions of Latvia and in a court;
- to whom the parties of the collective agreement may refer in order to launch negotiations regarding the entering into of a collective agreement in accordance with the provisions of the Labour Law. Please note that the employer may assign two different persons – a different one for each of the above cases, or the same person for both cases.
- a person for whose benefit the work will be performed (recipient of a service) as well as the nature of the services justifying the posting,
- a certification that the posted employee who is a third-country national legally works for an employer in the European Union Member State, the European Economic Area State or the Swiss Confederation.
Obligation to comply with the requirements provided for by regulatory enactments of Latvia as well as by collective agreements which have been recognised as generally binding
If an employee has been posted to perform work in Latvia, then, irrespective of the law applicable to the employment contract and employment legal relationships, such posted employee shall be ensured the working conditions and employment provisions provided for by the regulatory enactments of Latvia, 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 rate, as well as supplementary payment for overtime work;
- provisions regarding securing a workforce, especially with the intermediation of work placement services;
- 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.
If under an employment contract an employee posted to Latvia has more favourable working conditions and employment provisions compared with the minimum requirements set forth in the regulatory enactments of Latvia, as well as by the collective agreements, which have been recognised as generally binding, then in respect to the worker the conditions of the contract concluded with the worker continue to apply.
Please refer to the section “Information on working conditions and employment provisions” for detailed information on the Latvian legal framework with respect to the above matters.
An employer who posts an employee to carry out work in Latvia has an obligation to designate a representative of the employer in Latvia who is authorised to represent the employer in the State institutions of Latvia and in a court.
An employer who posts an employee to carry out work in Latvia, shall, if necessary, assign its representative, to whom the parties of the collective agreement may refer in order to launch negotiations regarding the entering into of a collective agreement in accordance with the provisions of the Labour Law. This person may not be different form the person referred to under Paragraph 3 of the Article 14 of the Labour Law, and does not have to be present in Latvia, but has to be available on a reasonable and justified request.
Obligations with respect to storage and presentation of documents
An employer who posts an employee to carry out work in Latvia, during the posting period shall ensure safekeeping of concluded employment contracts, payslips, time-sheets and documents which proofs the payment of wages by its representative in Latvia, who is authorised to represent the employer at the State institutions of Latvia and in a court, as well as their presentation to the monitoring and controlling institutions, and, if required by the supervisory and control authorities, translation of such documents into the official (Latvian) language.
An employer who posts an employee to carry out work in Latvia, has an obligation to deliver concluded employment contracts, payslips, time-sheets and documents which proofs the payment of wages to the supervisory and control authorities for a period of two years after the period of posting.
Administrative liability and administrative fines
An employer who posts an employee to carry out work in Latvia and the Latvian employers who posts an employee to perform work in another country are administratively liable.
An employer who posts an employee to carry out work in another country and fails to comply with the requirements of the regulatory enactments of the relevant state regulating the posting of workers, may be held administratively liable according to regulatory enactments of the relevant state. Please see the respective national websites for detailed information on other countries’ administrative liability and administrative penalties.
Administrative fines are recovered in accordance with the laws and regulations in force in the employer’s country of registration. In Latvia administrative penalties are recovered in accordance with the procedure set forth in the Latvian Administrative Violations Code, the Civil Procedure Law and the Law on Bailiffs.
An employer failing to comply with the regulations on posting of an employee to carry out work in Latvia, shall be held administratively liable in accordance with the procedure set forth in the Latvian Administrative Violations Code.
Please refer to section “Administrative penalties and recovery thereof” for more detailed information on administrative penalties.
http://www.lm.gov.lv/eng/administrative-penalties-and-recovery-thereof
Labour Law – https://likumi.lv/ta/en/en/id/26019-labour-law
Regulations issued by the Cabinet of Ministers – http://www.lm.gov.lv/eng/information-for-workers/cabinet-of-ministers
Labour Protection Law – https://likumi.lv/ta/en/en/id/26020-labour-protection-law
Latvian Administrative Violations Code – https://likumi.lv/ta/en/en/id/89648-latvian-administrative-violations-code
Civil Procedure Law – https://likumi.lv/ta/en/en/id/50500-civil-procedure-law
Law on Bailiffs – https://likumi.lv/ta/en/en/id/68295-law-on-bailiffs
More information on –
http://www.lm.gov.lv/eng/index.php?option=com_content&view=article&id=83473