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Latvia - Working time - 2009


LAST UPDATE

8 June 2009

SOURCES


Name of Act

Labour Law,
of 20 June 2001, Zinotajs. 2001-08-09. No. 15, p. 142-212 as amended to 21 September 2006.

LEGAL DEFINITIONS


Working time/working hours

A period from the beginning until the end of work within the scope of which an employee performs work or is at the disposal of the employer, with the exception of breaks in work.
Labour Law §130(1)

Overtime/overtime work

Work performed by an employee in addition to regular working time.
Labour Law §136(1)

Part-time work(er)

Work that is shorter than the regular daily or weekly working time.
Labour Law §134(1)

Night work(er)

Night work is work performed at night for more than two hours during the period from 22:00 and 06:00 (with respect to children, work performed between 20:00 and 06:00). A worker who normally performs night work in accordance with a shift schedule, or for at least 50 days in a calendar year is a night worker.
Labour Law §138(1)(2)

NORMAL HOURS LIMITS


Daily hours limit


General limit

8 hours (5 day workweek).
Labour Law §131
Historical data (year indicates year of data collection)
  • 2007: 8 hours (5 day workweek)

Exceptions

7 hours for 6 day workweeks
If, due to the nature of the work, it is not possible to comply with the regular daily or weekly working hour limits, the employer, after consultation with employee representatives, can introduce averaged limits.
Labour Law §130(2), 140

Special categories


» Night work

7 hours.
Labour Law §138(3)

» Domestic work

(No specific provisions for domestic workers.)

Weekly hours limit


General limit

40 hours.
Labour Law §131(1)
Historical data (year indicates year of data collection)
  • 2007: 40 hours
  • 1995: (No general weekly limit)

Reference period(s)

5 day workweek, which can be extended to 6 days.
Labour Law §133

Exceptions

If, due to the nature of the work, it is not possible to comply with the regular daily or weekly working hour limits, the employer, after consultation with employee representatives, can introduce averaged limits. Working hours under these arrangements may not exceed 56 hours a week or 160 hours within a four-week period, unless otherwise provided for by a collective agreement or an employment contract.
Labour Law §140

Special categories


» Young workers

10 hours during the school year and 20 hours during vacations (children over 13)

35 hours (adolescents - not defined)

35 hours of combined education and employment (young persons under 18 in education).
Labour Law §132

OVERTIME WORK


Criteria for overtime


General

Overtime work shall mean work performed by an employee in addition to regular working time.

Overtime work is permitted if the employee and the employer have so agreed in writing.

An employer has the right to employ an employee on overtime without his or her written consent in the following exceptional cases:
1) if this is required by the most urgent public need;
2) to prevent the consequences caused by force majeure, an unexpected event or other exceptional circumstances which adversely affect or may affect the normal course of work activities in the undertaking; or
3) for the completion of urgent, unexpected work within a specified period of time.
If in these cases overtime continues for more than six consecutive days, the employer needs a permit from the State Labour Inspection for further overtime work, except in cases when repetition of similar work is not expected.
Labour Law §136

Limits on overtime hours


General limits

144 hours over a 4 month period.
Labour Law §136(5)
Historical data (year indicates year of data collection)
  • 2007: 144 hours over a 4 month period
  • 1995: 4 hours in 2 successive weeks and 120 a year.

Compensation for overtime work


Overtime rate(s)

200 per cent.
Labour Law §68
Historical data (year indicates year of data collection)
  • 2007: 100% addition
  • 1995: 100% premium.

Special categories


Young workers

Overtime work is prohibited for workers under the age of 18 years.
Labour Law §136(6)

Pregnant workers/recent birth

Pregnant workers, women for a period of up to one year after giving birth and breastfeeding workers for the entire period of breastfeeding can only work overtime with their consent.
Labour Law §136(7)

REST PERIODS


Rest breaks


General provisions

Workers whose daily working time exceeds six hours are entitled to a rest break of not less than 30 minutes. The break should be taken after no more than four hours of work. The rest break can be divided into parts, which should not be of less than 15 minutes.
Labour Law §145(1)-(2) and (5)
Historical data (year indicates year of data collection)
  • 2007: Workers whose daily working time exceeds six hours are entitled to a rest break of not less than 30 minutes. The break should be taken after no more than four hours of work. The rest break can be divided into parts, which should not be of less than 15 minutes.
  • 1995: Not more than 2 hours for rest and meals after a maximum of 4 hours of work.

Exceptions

Workers who are exposed to special risk are entitled to an additional break of a length to be determined by the employer after consultation with workers’ representatives.
Labour Law §145(6)

Special categories


» Young workers

If possible, a young worker shall be granted a break when he or she has worked for one half of daily working time.
Labour Law §145(2)

Daily rest periods


Duration

Twelve consecutive hours within a period of 24 hours.
Labour Law §142(1)
Historical data (year indicates year of data collection)
  • 2007: Twelve consecutive hours within a period of 24 hours.

Special categories


» Young workers

Fourteen consecutive hours within a period of 24 hours.
Labour Law §142(2)

Weekly rest periods


Duration


» General

42 consecutive hours.
Labour Law §143(1)
Historical data (year indicates year of data collection)
  • 1995: 42 consecutive hours.

Day specified


» General

Sunday.
Labour Law §143(3)

» Exceptions

The rest day may not be on a Sunday where work is necessary to ensure continuity of work process.
Labour Law §143(3)

Work on weekly rest day


» Criteria

Employees may with a written order by the employer perform work on weekly rest periods in the following cases: if required by the most urgent public needs; in order to prevent the consequences caused by force majeure, an unexpected event or other exceptional circumstances which adversely affect or may affect the usual course of activities in the undertaking; and for the completion or urgent, unforseen work within a specified period of time.
Labour Law §143(4)

Special categories


» Young workers

It is prohibited to employ persons who are under 18 years of age on the weekly rest day.
Labour Law §143(5)

» Pregnant workers/recent birth

It is prohibited to employ pregnant women, women for a period of one year after childbirth as well as during the whole period of breastfeeding on the weekly rest day.
Labour Law §143(5)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

6 months of consecutive work.
Labour Law §150 (3)

Duration


» General

Four calendar weeks.
Labour Law §149(1)
Historical data (year indicates year of data collection)
  • 2007: The working day before annual leave is taken shall be shortened by one hour, unless a shorter working time has been specified in a collective agreement, working procedure regulations or an employment contract.
  • 1995: 4 calendar weeks.

» Exceptions

3 additional days each for employees who have three or more children under the age of 16 or a disabled child and employees exposed to special risk.
Labour Law §151

Payment


» Amount

Not specified ("paid leave").
Labour Law §149(1)

Schedule and splitting

By agreement between an individual worker and employer, annual leave can be granted in parts. One part must be of not less than two uninterrupted weeks.
Labour Law §149(2)

Special categories


» Young workers

One month of annual leave.
Labour Law §149(2)

PUBLIC HOLIDAYS


Work on Public Holidays


» Criteria

Generally, employees shall not be required to work on holidays prescribed by law. However, if it is necessary to ensure continuity of the work process, it is permitted to require an employee to work on a public holiday.
Labour Law §144

» Compensation

Workers who work on a holiday are entitled to a 100% addition to their basic wage rate.
Labour Law §68

PART-TIME WORK


General provisions

An employer and an employee may agree in an employment contract that the worker will work part-time.
Labour Law §134(1)

Right to equal treatment


Right/scope

Part-time workers are entitled to the same employment conditions as full-time workers.
Labour Law §134(3)

NIGHT WORK


Criteria for night work

Work performed at night for more than two hours during the period from 22:00 and 06:00. With respect to children, work performed between 20:00 and 06:00.
Labour Law §138(1)

Workers' health

A night worker (a person normally performing night work in a shift schedule, or for at least 50 days in a calendar year) is entitled to undergo a health examination before he/she is employed in night work and subsequently not less frequently than once every two years or once every year as from 50 years of age.
Labour Law §138(2)(4)

Transfers

A night worker (a person normally performing night work in a shift schedule, or for at least 50 days in a calendar year) is entitled to a day work transfer if a medical examination states that the night work negatively affects his/her health.
Labour Law 138(2)(5)

Special categories


Young workers

Night work is prohibited for young workers under 18 years of age.
Labour Law §138(6)

Pregnant workers/recent birth

Night work is prohibited for pregnant workers, women for a period of one year after childbirth and breastfeeding workers for the entire period of breastfeeding.
Labour Law §138(6)

Parents

An employee who has a child under 3 years of age must consent to be employed at night.
Labour Law §138(7)

SHORT-TIME WORK/WORK-SHARING


General provisions

(No provisions identified.)

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

An employer shall, at the request of an employee, transfer the employee from full time to part-time or vice versa if such possibility exists in the undertaking.
Labour Law §134(5)

Reasons for request


General

An employer shall provide part-time work, if requested, for pregnant workers, women for a period of one year after childlbirth and breastfeeding workers for the entire period of breastfeeding.
Labour Law §134(2)

Parents

An employer shall provide part-time work, if requested, for employees who have a child of less than 14 years of age or a disabled child under 18 years of age.
Labour Law §134(2)

Right to information

If the employee representatives request, the employer shall inform employee representatives regarding the possibility of employing employees part-time in the undertaking.
Labour Law §134(6)

Refusal to transfer

Refusal by an employee to change from full-time to part-time work or vice versa is not a valid reason for termination of an employment contract or restriction of the rights of an employee in any other way.
Labour Law §134(4)

INFORMATION & CONSULTATION


Information

Working time shall be specified in the employment contract, working procedure regulations or shift schedules.
Labour Law §130(2)

Results generated on: 22nd October 2014 at 11:44:05.
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