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Trade Unions Act of 13 December 1990.
Section 1. The Notion of Trade Unions
In accordance with the Declaration on the Restoration of Independence of the Republic of Latvia and the laws of Latvia, the residents of the Republic shall have the right to freely form trade unions.
The trade unions of the Republic of Latvia shall be independent public organisations, which voice, represent and defend the labour and other social and economic rights and interests of their members in accordance with the Republic of Latvia Law "On Trade Unions", other laws effective in the Republic of Latvia and the by-laws of the trade unions of the Republic of Latvia, as well as in compliance with the principles and norms stipulated by the Universal Declaration on Human Rights and other international treaties and conventions.
Section 2. The Freedom to Found Trade Unions
The residents of the Republic of Latvia who work or study shall enjoy the right to found trade unions.
Trade unions can be founded in accordance with the professional, branch, territorial or other principles. Employers can found their own trade unions. The forms of activity, organisational structure and the order of its formation shall be determined and regulated by the by-laws adopted by the trade unions themselves and by this Law.
Decision on the termination of the activities of trade unions or on their unification into territorial, branch or other associations shall be taken by the members of the trade union in accordance with the order stipulated by the by-laws.
Section 3. The Registration of Trade Unions
The application on the registration of a trade union shall be reviewed by the Ministry of Justice of the Republic of Latvia in a month's time after the receipt of the application and the by-laws.
A trade union shall be registered if it unites not less than 50 members or not less than one fourth of those working in an enterprise, institution, organisation, profession or branch. If necessary, the Ministry of Justice can require information about the number of the membership of the trade union to be registered.
Trade unions shall not be registered if the stipulations of this Law are violated, as well as if their by-laws stipulate activities which contradict the laws effective in the Republic of Latvia. The Ministry of Justice shall inform the founders of the trade union about the refusal to register in three days time, indicating the reasons of the refusal.
The trade union can appeal the refusal to register in court, in accordance with the order stipulated by the law.
Section 4. The Independence and Equality of Trade Unions
In their activities the trade unions shall be independent of the institutions of state power and administration, other organisations, and shall be equal among themselves. They shall operate in accordance with the laws effective in the Republic of Latvia.
Any action the aim of which is a direct or indirect submission of trade unions to the state or other institutions and organisations, or the blocking of the activities of trade unions stipulated by the law and by-laws, shall be prohibited.
Trade unions shall have the right to join international organisations of trade unions, enter into agreements with them as well as with trade unions in other countries.
Section 5. Trade Unions as Legal Entities
After their registration the trade unions shall acquire the rights of a legal entity.
A branch of a trade union shall acquire the rights of a legal entity in accordance with the order stipulated by the by-laws of that trade union.
Section 6. The Right of Legislation Initiative
The right of legislation initiative shall be enjoyed by the republican institutions of trade unions.
Section 7. The Right to Participate in the Elaboration of Economic and Social Development Programmes and Legislation
Trade unions shall have the right to participate in the elaboration of such economic and social development programmes, laws and other regulations,
which refer to the conditions of work and remuneration, price formation, social insurance and benefits, health protection and other issues of work and social development. Trade unions shall realise these rights in the Supreme Council and Council of Ministers of the Republic of Latvia through their republican institutions. The submitted proposals shall be reviewed and in the case of rejection a motivated reason shall be given.
Section 8. The Right to Participate in the Determination of the Living Standard Criteria of the Population
Trade unions shall participate in the determination of the living standard criteria of the population of the republic. Trade unions shall have the right to receive from the state institutions a free of charge information about the social and economic situation of the population and its changes, to require that the government of the republic establishes a reasonable living wage, as well as not less than once a year balances the wages, pensions, students' grants and benefits in accordance with the increase of the price index.
Section 9. The Representation of the Interests of the Trade Union Members in the Relations with the Employer
Trade unions shall be independent from the employer, they shall represent their members in relations with the employer and defend their labour, professional and social rights and interests through elected institutions.
Section 10. The Collective Agreement
In the name of their members the trade unions shall conclude the collective agreement with the employer on labour and other social and economic issues.
Section 11. The Relations with the Employer
In the cases stipulated by the law the employer shall decide on the labour, social and economic issues by co-ordinating them with the elected institutions of the trade unions.
Section 12. The Property and Financial Relations with the Employer
The property and financial relations between the trade unions and the employer shall be stipulated by the laws of the Republic of Latvia, the collective agreement and other agreements.
Section 13. The Realisation of the Trade Union Rights
The trade unions shall establish the forms of protection of their members in the by-laws, collective agreement and other agreements.
The trade unions shall have the right to insist that persons who do not comply with the legislation relevant to labour, collective farms, co-operatives, housing as well as environment protection, are called responsible before the law or even fired.
The collective institutions of the trade unions shall have the right to submit indications about the changing of the decisions passed by the administrative and economic institutions, as well as require the suspension of these decisions if they contradict the Republic of Latvia Law "On Trade Unions", ignore the workers' labour, housing and other social and economic rights and lawful interests. The indications of the trade unions shall be reviewed in the course of ten days, with the participation of the representatives of the respective trade union.
Section 14. The Rights of the Trade Unions to Represent and Defend Their Members
The trade unions shall have the rights to represent and defend their members in the state institutions and other organisations in the fields of labour relations and compensation for health damage, in the resolution of the individual and collective disputes, as well as to appeal in court to protect the rights and interests of their members.
Section 15. The Guarantees to the Members of Trade Unions
The termination of a trade union member's employment contract on the initiative of the employer and without prior consent of the trade union shall not be permitted, with the exception of the cases when labour discipline and conditions of the contract have been infringed upon.
Section 16. The Additional Guarantees to the Elected Officials of Trade Unions
It shall not be permitted to impose disciplinary punishment on an elected trade union official of any level without prior discussion of this issue at the meeting of the administration and the trade union.
Workers and employees who have been released from their jobs due to their election to positions in the trade union organisations, after the expiry of their term as elected officials shall be given the previous job (position), or an equivalent one upon their consent. If this is not possible, they shall be given
guarantees and compensations as stipulated by the law in the cases of disengagement of employees.
The elected officials of the trade unions who have not been released from their jobs, in accordance with the collective agreement may be granted the right to engage in public activities on behalf of the collective during the hours of work, as well as take part in the trade union training with the average wage or salary preserved over the training period.
Section 17. The Responsibility of the Officials
The officials who are guilty of violating the trade union rights as well as fail to observe their rightful claims shall bear disciplinary, administrative or material responsibility, but if they block the lawful activities of trade unions - criminal responsibility in accordance with the order stipulated by the law.
Section 18. The Disputes to Be Resolved Together with the Employer
The trade unions together with the representatives of the employer shall resolve the individual and collective labour disputes.
If no agreement is reached in considering the individual labour disputes, they shall be resolved by the court.
Section 19. The Resolution of Discord Between the Trade Union and the Employer, State and Economic Administration Institutions
The discord which arises between the collective institutions of the trade unions and the employer about the establishment of labour conditions or their changes, as well as about the social and economic issues, shall be resolved by the higher institutions of the respective trade unions and economic administration in the course of ten days, with the participation of the representatives of the employer and the trade union.
The discord which cannot be resolved by the higher institutions of the respective trade unions and economic administration (or if such institutions are absent), as well as the discord between the trade unions and state institutions about the labour and other social and economic issues shall be resolved in the court.
Section 20. The Right of Trade Unions to Announce Strikes
The trade unions shall have the right to announce strikes in accordance with the order stipulated by the law.
Section 21. The Assets
The assets of trade unions shall be formed by the entrance and membership fees, returns from the enterprises and institutions of the trade union, as well as donations, grants and other funds.
The assets of the trade union shall be formed by its enterprises, publishing houses, printing facilities; health care, recreational, educational, cultural, sports, child care and other institutions with facilities and equipment, as well as other assets in compliance with the purposes and objectives of the trade unions.
Section 22. The Financial and Administrative Activities
The trade unions shall have the right to set up enterprises, cultural, educational, health care, sports and other institutions mentioned in Section 21 of this Law; take part in the foundation and operation of joint ventures as well as foreign enterprises and associations; lend money; organise lotteries and charity events, take care of the insurance of their members, engage in other administrative and financial activities in accordance with their purposes and objectives and the laws of the Republic of Latvia.
Section 23. The Termination of the Activities
The trade union shall terminate its activities in accordance with the decision of the higher institution of this trade union.
If a trade union terminates its activities, the order in which
its assets are used shall be stipulated by the by-laws of this
trade union in compliance with the laws of the Republic of Latvia.
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