Publicēts: 07.10.2020.
Atjaunināts: 03.05.2022.

Legal framework for working conditions and terms of employment         

The Labour Law provides that, if the employer posts an employee to carry out work in Latvia, then regardless of the law applicable to the employment contract and the employment legal relationships, the working conditions and terms of employment provided to the posted employee must comply with the requirements stipulated in the Latvian legislation and the collective agreements, which are recognized as generally binding.

  1. maximum working time and minimum 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, types of organization of working time arrangements, as well as various kinds of rest periods - breaks, daily and weekly rest periods and annual holidays.

According to the Labour Law regular daily working time of an employee may not exceed eight hours, and regular weekly working time - 40 hours. Overtime work may not exceed eight hours on average within a seven-day period, which is calculated in the accounting period that does not exceed four months. he length of a daily rest within 24 hours shall not be less than 12 consecutive hours. The length of a weekly rest period within a seven-day period shall not be less than 42 consecutive hours.

Detailed regulation on working and rest time:

Regulation on working and rest time

 

  1. minimum annual paid leave;

With regard to paid annual leave, the law provides that its duration shall not be less than four calendar weeks, excluding public holidays.      

Detailed provisions with regard to annual paid leave

 

Public holidays in Latvia:
  1. remuneration, including supplements for work associated with special risk, overtime work, night work, work on a public holiday, additional work. Within the meaning of this Clause, remuneration shall not include contributions to supplementary pension capital made by the employer;
Detailed regulation on remuneration:

The Labour Law provides, that a minimum wage shall not be less than the minimum level determined by the State. These rules also apply to employees in the road transport sector. The amount of minimum monthly wage within the scope of regular working time, as well as calculation of minimum hourly wage rate shall be determined by the Cabinet.

 The minimum wage in Latvia within the scope of normal working time is set at EUR 500.00. 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.

The Labour Law provides for several supplements

  •  Supplements for Additional Work

 

An employee who, in addition to the contracted basic work, performs additional work for one and the same employer has the right to receive an appropriate supplement for the performance of such work. The amount of the supplement shall be determined by a collective agreement or an employment contract.

  • Supplements for Work Associated with Special Risk

 

A supplement shall be specified for an employee who performs work related to special risks (work which in accordance with the assessed risk of the working environment is associated with an increased psychological or physical load or such increased risks to the safety and health of an employee which cannot be prevented or reduced up to the permissible level by other labour protection measures). The amount of such supplement shall be determined by a collective agreement, working procedure regulations, an employment contract or by order of an employer.

  • Supplements for Night Work

 

An employee who performs night work shall receive a supplement of not less than 50 per cent of the specified hourly or daily wage rate specified for him or her, but if a piecework salary has been agreed upon, a supplement of not less than 50 per cent of the piecework rate for the amount of work done. A collective agreement or an employment contract may specify a higher supplement for night work.

  • Supplements for Overtime Work or Work on a Public Holiday

 

An employee who performs overtime work shall receive a supplement of not less than 100 per cent of the hourly or daily wage rate specified for him or her, but if a piecework wage has been agreed upon, a supplement of not less than 100 per cent of the piecework rate for the amount of work done. A collective agreement or an employment contract may specify a higher supplement for overtime work.

With the general agreement, which has been entered into in conformity with Section 18, Paragraph four of this Law and provides for a substantial increase in the minimum wage or hourly rate specified by the State in the sector in the amount of at least 50 per cent above the minimum wage or hourly rate specified by the State, the amount of the supplement for overtime work may be determined less than that specified in Paragraph one of this Section but not less than in the amount of 50 per cent of the hourly rate specified for the employee, moreover where a piecework wage has been agreed upon, a supplement of not less than 50 per cent of the specified piecework rate for the amount of work done. If the State determines the minimum wage or hourly rate in such amount that the amount of the minimum wage or hourly rate specified within the framework of the general agreement in force in the sector no longer complies with the criterion referred to in Paragraph three of this Section, and if the supplement for overtime referred to within the framework of the general agreement in question has been determined in a smaller amount than the amount specified in Paragraph one of this Section, amendments shall be made to the relevant general agreement in such a way as to ensure compliance with Paragraph three of this Section. If the abovementioned amendments are not made, the general agreement shall cease to be valid one year after the date of the occurrence of the non-compliance.

 

  • Supplements for Work on a Public Holiday

 

An employee who performs work on a public holiday shall receive a supplement of not less than 100 per cent of the hourly or daily wage rate specified for him or her, but if a piecework wage has been agreed upon, a supplement of not less than 100 per cent of the piecework rate for the amount of work done. A collective agreement or an employment contract may specify a higher supplement for work on a public holiday. At present, only in the construction sector in Latvia it is stipulated that employer shall determine an extra payment of no less than 50 per cent of the specified salary for overtime work, but, if a piecework salary has been agreed, a rate of no less than 50 per cent of the rate for piecework performed shall be paid.

  1. provisions regarding securing a workforce, especially with the intermediation of work placement service provider;

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

With regard to employment legal relationships, 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”.

If an employment contract is entered into with an employee by a work placement service provider to appoint the employee to perform work for the benefit and under the management of the recipient of the work placement service for a specified period, the work placement service provider shall be deemed as the employer.

The work placement service provider shall be regarded as an employer who posts an employee to perform work in Latvia also if, within the provision of international services, the recipient of the work placement service has to provide services in another country and the performance thereof is ensured by the posted employee. In such situation, all the provisions for posting an employee shall be applicable to the work placement service provider.

If the recipient of the work placement service in Latvia intends to provide a service in another country within the provision of international services and its performance is ensured by the employee posted to Latvia, then the recipient of the work placement service in Latvia has the obligation to inform the work placement service provider thereof in a timely manner before the provision of the service in another country.

If an employee is posted to Latvia by the work placement service provider, then such provider as the employer has the obligation to ensure the same working conditions and apply the same employment provisions to an employee who has been posted to Latvia as would be ensured and applied to the employee if the employment relationship between the employee and the recipient of the work placement service had been established directly and the employee performed the same work.

The recipient of the work placement service who is located in Latvia has the obligation to inform the work placement service provider of another country of the working conditions and employment provisions at the recipient of the work placement service in a timely manner before posting the employee.

Detailed regulation of the Labour Law
​ Detailed regulation of the Support for Unemployed Persons and Persons Seeking Employment Law ​
  1. safety, health protection and hygiene at work;

In accordance with the requirements of the Labour Protection Law, the employer has an obligation to organise a labour protection system, which includes internal supervision of the working environment, including evaluation of the working environment risks, establishment of an organisational structure of the labour protection and consultation with employees in order to involve them in improvement of labour protection. 

An employer has an obligation to ensure the functioning of the labour protection system in the undertaking.

An employer, taking into account the number of persons employed in the undertaking and the type of activity, shall appoint or hire one or several labour protection specialists or enter into a contract with a competent specialist or competent authority.

More detailed information on labour protection issues can be found here

Useful information and various informative materials on labour protection are available on the website http://stradavesels.lv/

  1. protection measures for persons under 18 years of age, for pregnant women and women during the period following childbirth, as well as the working and employment provisions of such persons;

According to the Labour Law it is prohibited to employ children in permanent work. Within the meaning of this Law, a child shall mean a person who is under 15 years of age and who until reaching the age of 18 continues to acquire a basic education.

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 a child. Work in which children may be employed from the age of 13 shall be determined by the Cabinet. The provisions of Paragraph four of this Section regarding employment of adolescents shall apply to a child up to 15 years of age who continues the acquisition of basic education.

 Regulations regarding Work in which Employment of Children from the Age of 13 is permitted

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 provisions shall be determined by the Cabinet.

Procedures for Issuing Permits for Employment of Children as Performers in Cultural, Artistic, Sporting and Advertising Activities, and Restrictions to be included in Permits

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 this Law, an adolescent shall mean a person between the ages of 15 and 18 who is not to be considered a child. 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.

An employer has the obligation, prior to entering into an employment contract, to inform one of the parents (guardian) of the child or adolescent of the assessed risk of the working environment and the labour protection measures at the respective workplace.

Useful information is available here

The Labour Law contains a number of norms aimed at protecting pregnant women and women during the period following childbirth.

“Detailed regulation of the Labour Law

Cabinet Regulation No. 660 of 2 October 2007 “Procedures for the Performance of Internal Supervision of the Working Environment”   provides for special requirements for the protection of the labour of these of employees. Annex 2 to these Regulations includes work environment factors and jobs which may causee risk to safety and health for pregnant women and breastfeeding women.

 

  1. equal treatment of men and women, as well as prohibition of discrimination in any other form;

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Detailed regulation of the Labour Law
  1. provisions for the accommodation of such employees who are outside their permanent workplace if such service is provided by the employer;

Cabinet Regulation No. 137 of 11 April 2000 “Hygiene Requirements for Official Accommodation Facilities”prescribes the requirements for accommodation facilities owned or possessed by an undertaking (company), institution or organisation for the accommodation of persons during the acquisition of vocational or higher education or during the performance of work duties.

  1. reimbursement of the expenses of the employee in relation to an official trip or work trip in Latvia, including the disbursement of a daily allowance for an official trip. This provision shall be applied to the reimbursement of expenses to an employee who has been posted to perform work in Latvia if he or she is sent on an official trip or work trip in the territory of Latvia. In that case, the employer must apply Cabinet Regulation No. 969 of 12 October 2010 “Procedures for Reimbursement of Expenses Relating to Official Travels”;

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GENERALLY APPLICABLE COLLECTIVE AGREEMENTS

There are currently three collective agreements in Latvia that can be considered universally or general applicable agreements.