Information on working conditions and terms of employment

Labour Law provides that if an employee has been posted to perform work in Latvia, then, irrespective of 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 wall as by collective agreements which have been recognised as generally binding and which regulate:

1) maximum working time and minimums rest time;The Labour Law sets forth the requirements with respect to working time and rest time, stipulating both the duration and types of working time, organisation of working time, as well as various types of rest periods – breaks in work, daily and weekly rest periods and leave.

According to the general principle regular daily working time of an employee may not exceed 8 hours, but regular weekly working time – 40 hours. At the same time overtime work (work performed in addition to regular working time) may not exceed an average of 8 hours in seven day period that is calculated within the accounting period that does not exceed four months. Besides Labour Law prescribes that the length of a one-day rast within 24 hours shall not be less than 12 consecutive hours, but the length of a weekly rest period within a seven-day period shall not be less than 42 consecutive hours.

2) minimum annual paid leave;
Labour Law defines that every employee has the right to annual paid leave. Such leave may not be less than four calendar weeks, not counting public holidays.

3) minimum wage rate, as wll as supplementary payment for overtime work;

The Labour Law sets forth the requirements with respect to work remuneration and payment thereof, including the minimum wage rate, as well as supplementary payment for overtime work. A minimum wage has been determined in Latvia and it shall not be less than the minimum level determined by the State. The minimum monthly salary within the scope of normal working time, as well as minimum hourly wage rates, is determined by the Cabinet of Ministers.

As of January 1, 2017, the minimum wage in Latvia within the scope of normal working time is set at EUR 380.00. The minimum hourly wage rate is calculated using the following formula:

HRmin = MMW / h, where

HRmin - minimum hourly rate in euros;
MMW - minimum monthly salary determined in Latvia in accordance with the provisions of paragraph 2 of these regulations;
h - normal working time hours per month (a five-day working week and 40 hours a week or a five-day working week and 35 hours a week, or a six-day working week and 40 hours a week, or a six-day working week and 35 hours a week), including holiday hours, if an employee does not perform work on a public holiday that falls on the working day of such an employee.

4) provisions regarding securing a workforce, especially with the intermediation of work placement services;

Regulations on provision of work placement services, especially through a provider of work placement services, are included in the Labour Law and other legal documents, such as “Support for Unemployed Persons and Persons Seeking Employment Law” and the respective Cabinet of Ministers regulations.

With regard to employment legal relationships in the above situations, the general provisions of the Labour Law shall apply, in so far as the law does not lay down specific provisions on the staff employed by provider of work placement services. In such cases, obligations are determined for both the provider of work placement services as an employer, as well as the person to whom the above service is provided. The legal framework for the activities of the provider of work placement services as such is set forth in the “Support for Unemployed Persons and Persons Seeking Employment Law”.

5) safety, health protection and hygiene at work

Regulations on safety, health protection and hygiene at work are included in the Labour Protection Law and in a number of Regulations of Cabinet of Ministers.

Please find detailed informative and explanatory materials at the websites www.stradavesels.lv and

6) 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;

Labour Law contains a number of special requirements the employer must comply with if employing persons under the age of 18 years, pregnant women and women during the postnatal period.

The Labour Law prohibits to employ children in permanent work. However, the Law and the underlying regulations of the Cabinet of Ministers provide for certain exceptions with respect to employment of persons under the age of 18 years:

• In exceptional cases children from the age of 13, if one of the parents (guardian) has given written consent, may be employed outside of school hours doing light work not harmful to the safety, health, morals and development of the child. Such employment shall not interfere with the education of the child. Work in which children may be employed from the age of 13 is determined by the Cabinet.
• In exceptional cases if one of the parents (guardian) has given written consent and a permit from the State Labour Inspectorate has been received, a child as a performer may be employed in cultural, artistic, sporting and advertising activities if such employment is not harmful to the safety, health, morals and development of the child. Such employment shall not interfere with the education of the child. The procedures for issuing permits for the employment of children as performers in cultural, artistic, sporting and advertising activities, as well as the restrictions to be included in such permits with respect to working conditions and employment conditions, is determined by the Cabinet.
• It is prohibited to employ adolescents in jobs in special conditions which are associated with increased risk to their safety, health, morals and development. Within the meaning of Labour Law, an adolescent shall mean a person between the ages of 15 and 18 who is not to be considered a child within the meaning of Labour Law. Work in which the employment of adolescents is prohibited and exceptions when employment in such jobs is permitted in connection with occupational training of the adolescent shall be determined by the Cabinet.

In any case such employment shall not interfere with the education of the child

7) Equal treatment of men and women, as well as prohibition of discrimination in any other form.

COLLECTIVE AGREEMENTS (GENERAL AGREEMENTS)

There are two branch collective agreements in force in the private sector.

Railway sector

General agreement in the railway sector is generally binding erga omnes collective agreement. It is concluded between „Latvijas Dzelzceļa nozares darba devēju organizācija” (Railway sector employers` organisation) and Latvijas Dzelzceļnieku un satiksmes nozares arodbiedrību Railway workers trade union . It does not set minimum wage rates but provides for guidelines for wage setting at the enterprise level in the railway sector.
 

Construction sector

General agreement in the construction sector is genereally binding erga omnes collective agreement. It is concluded between employers, the turnover of goods and services of which meets the requirements of Paragraph 4 of Section 18 of the Labour Law (Latvian Building Contractors, the Latvian Builders`Association, the Latvian Road Builders, and assorted companies) and Latvian Builders Trade Union 

It has been concluded for the period from November 3, 2019 until December 31, 2025 and covers all the employers and employees within the construction sector.
This agreement provides for a projected wage growth setting the minimum wage at 780 euro per month and monthly education benefit of 5% (39 euro) for any job-relevant training. Employers, on the other hand, are entitled to define 6 months` summary working time accounting period and to compensate for overtime at 50% of  the wage amount.