An employer who violates the regulatory enactments may be subject to administrative responsibility. Administrative penalties for violations in the field of labour law are covered by Chapter 36 of the Labour Law, while in the field of labour protection, Chapter VI of the Labour Protection Law. General issues of administrative responsibility are governed by the Administrative Liability Act.
Appealing against an imposed sanction
The decision on an imposed administrative sanction may be appealed in accordance with the procedure and time limits set forth the Law on Administrative Liability.
According to Section 13 of the State Labour Inspectorate Law an administrative deed issued by an official of the Labour Inspectorate or actual action thereof may be contested to the Director of the Labour Inspectorate. The administrative deed issued by the Director of the Labour Inspectorate or actual action thereof, as well as a decision regarding the contested administrative deed or actual action may be appealed to the court in accordance with the procedures specified in law. Contesting or appeal of the administrative deed or actual action shall not suspend the execution thereof, except in cases when it is suspended with a decision of the person examining the submission or application.
The decision shall always contain information on appeal of the decision.
Consequently, if a official of State Labour Inspectorate issues administrative deed and imposes a fine, it may be contested in writing by submitting a substantiated application to the Director of the State Labour Inspectorate. If the Director of the State Labour Inspectorate leaves that decision unchanged, then person may turn to court.
Payment of a fine and compulsory recovery thereof
According to the Law on Administrative Liability a fine applied to a punished person shall be paid in full amount not later than within one month from the day when the ruling on penalty has come into effect.
If there are justifying circumstances due to which a punished person may not enforce the ruling on penalty in full amount within the term for voluntary enforcement of the fine, an institution may postpone enforcement thereof for a period of up to one month. If there are justifying circumstances due to which a punished person may not enforce the ruling on penalty in full amount within the term for voluntary enforcement of the fine, an institution may divide enforcement of the fine in parts without exceeding a six-month period from the day when the ruling on penalty has come into effect. A punished person shall submit a written application to an institution for the postponement of enforcement of the ruling on penalty or for the division of a fine in parts within the term for voluntary enforcement of the fine.
Cross-bordder enforcement of administrative fines
In cases when the State Labour Inspectorate has imposed of an administrative sanction (i.e. a fine) on an employer who is located in another country, State Labour Inspectorate sends the request for recovery of an administrative fine to the authority of that state where employer is situated.
If after the receipt of the decision the employer fails to pay the fine voluntarily, the State Labour Inspectorate sends a request for the enforcement of the decision to the respective authority of the another state. Then this decision is executed, i.e. the fine is recovered from the employer under the statutory procedures of the respective country.
Whereas, when the State Labour Inspectorate receives a request for notification of the decision from an authority of another country, it shall notify the decision on the imposition of an administrative sanction to the employer who is located in Latvia. If after the receipt of the notification the employer fails to pay the fine voluntarily, the State Labour Inspectorate receives a request from the respective authority of the another state for the enforcement of the decision and the decision shall be transferred for enforcement to the court bailiff.
Enforcement of administrative fines
A decision made by the State Labour Inspectorate with respect to imposition of an administrative penalty (i.e. a fine) on an employer who is located in another country shall be enforced in accordance with the national laws and regulations of the country such an employer is located in.
Whereas, the fines imposed by the authorities of other states shall be recovered in Latvia in accordance with the same procedures that are applied to the recovery of fines imposed by the Latvian authorities. Namely, in the event the employer has failed to pay the fine, the State Labour Inspectorate transfers the decision on the imposition of an administrative penalty (i.e. a fine) for a compulsory execution to the bailiff, who recovers the fine in accordance with the procedure set forth in the Civil Procedure Law.