Latvia. Labour code, 1994

1: WEBTEXT/41290/64964/E94LVA01.htm
Latvia. Labour code, 1994

LATVIA

Labour Code

Chapter 1. General Provisions

Chapter 2. The Collective Labour Agreement

Chapter 3. The Collective Labour Agreement

Chapter 4. The Working Hours

Chapter 5. The Time-Off

Chapter 6. Remuneration

Chapter 7. The Work Quotas

Chapter 8. Guarantees and Compensations

Chapter 9. The Order of Work

Chapter 10. The Labour Protection

Chapter 11. The Women at Work

Chapter 12. The Adolescents at Work

Chapter 13. The Privileges to the Employees Who Are Combining Work and Studies

Chapter 14. The Labour Disputes

Chapter 15. The Rights of the Employees' Trade Unions

Chapter 16. The State Social Insurance

Chapter 17. The Supervision and Control of the Compliance with Labour Laws

Chapter 18. The Final Stipulations

Chapter One.- General Provisions

Section 1. The Equality of the Employees in the Republic of Latvia

In the Republic of Latvia physical persons shall be equal in their rights and obligations deriving from labour law, regardless of their origin, social and material status, race and nationality, as well as the attitude towards religion.

In the Republic of Latvia men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection.

The labour relations of the employees shall be protected by the law.

Section 2. The Main Rights and Duties of the Employees

When signing the contract with the employer, the employees shall have the right to remuneration which is not smaller than the living wage determined by the state, the right to recreation in accordance with the laws on the limitation of the working day and working week and annual paid leaves, the right to safe and harmless working conditions, the right to join trade unions, the right to material support within the state social insurance arrangements and from the state means in the old age, as well as upon an illness or full or partial loss of ability to work.

The duty of the employees shall be to comply with the stipulations of the contract, the local labour regulations, and to treat the property of the employer sparingly.

Section 3. Excluded

Section 4. The Labour Regulations of the Republic of Latvia

The labour regulations of the Republic of Latvia shall be this Code, the laws and law-based regulations, which regulate the labour relations.

Section 5. The Application of the Labour Regulations of the Republic of Latvia

The labour regulations of the Republic of Latvia shall apply to all employed and employers regardless of their status and form or property, if the labour relations are based on the labour contract (Section 14).

Section 6. The Application of Foreign Labour Regulations on the Territory of the Republic of Latvia

The rights and obligations of foreign citizens, deriving from labour law shall be regulated in accordance with the laws of the Republic of Latvia and interstate agreements.

Section 7. The Invalidity of Such Stipulations of Labour Contracts which Worsen the Situation of the Employees

Stipulations, which worsen the situation of the employees as compared with the labour regulations of the Republic of Latvia, shall not take effect.

In accordance with the stipulations of the collective labour agreement or labour contract, the employer shall have the right to establish from this own funds the labour, social and personal privileges in addition to those stipulated by the regulations.

Chapter Two.- The Collective Labour Agreement

Section 8. The Parties to the Collective Labour Agreement and its Conclusion

The collective labour agreement shall be an agreement concluded in accordance with the order stipulated by the law between the employer and a registered trade union of the employees or authorised representatives of the employees, if such trade union does not exist, about the conditions of labour, remuneration and social protection.

The employer shall not have the right to refuse to conclude a negotiated collective labour agreement.

The collective labour agreement shall be concluded in written form either for a definite period of time agreed upon by both parties, or for the performance of a definite assignment.

Unless otherwise stipulated by the collective labour agreement, the stipulations contained therein shall refer to the employer and all the employees.

The employer shall acquaint with the collective labour agreement all the employees who are in contractual relations with him on the basis of the labour contract.

The collective labour agreement shall not provide for lesser guarantees of the employees' rights than stipulated by the regulations of the Republic of Latvia.

The content of the collective labour agreement, the order of it conclusion and securing of its execution, as well as the order of the dispute resolution shall be stipulated by the Republic of Latvia Law "On Collective Labour Agreements" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1991, No. 21/22).

Sections 9 - 13. Excluded

Chapter Three.- The Collective Labour Agreement

Section 14. The Parties to the Contract and Its Content

The labour contract shall be such written agreement between the employee and the employer, in accordance with which the employee undertakes to perform a definite work, submitting to the local labour regulations or instructions of the employer, while the employer undertakes to ensure remuneration and working conditions which have been stipulated by the regulations, by the collective labour agreement and by agreement of the parties.

The employee shall have the right to conclude labour contracts with several employers if it is not contrary to the laws, the collective labour agreement and agreement of the parties.

Section 15. The Guarantees upon Hiring

Upon hiring, no direct or indirect restriction of the rights or determination of any direct or indirect privileges depending on the origin, social and material status, race and nationality, as well as the attitude towards religion shall be permitted.

Section 16. The Term of the Labour Contract

The labour contract shall be concluded:

1) for an indefinite period of time;
2) for a definite period of time;
3) for the time necessary to perform a definite assignment.

Section 17. The Prolongation of the Term of the Labour Contract

After the expiry of the term of the labour contract, the parties may agree to prolong it for another term.

If after the expiry of the term of the labour contract, none of the parties has requested to terminate the contract and the labour relations are de facto being continued, the contract shall be considered to be prolonged for an indefinite period of time.

Section 18. Excluded

Section 19. The Conclusion of the Labour Contract

The hiring shall take place by concluding a written labour contract. The labour contract shall be done in two copies, one being kept by the employer, the other - by the employee. The employer shall have the right to conclude labour contracts with the citizens and permanent residents of the Republic of Latvia. In accordance with the concluded labour contract, the employer may issue binding instructions to his services.

The labour contract with an alien or stateless person, who is not a permanent resident of the Republic of Latvia, shall be concluded only if this person has a residence permit entitling to work.

It shall not be allowed to refuse to conclude a labour contract with an employee which, following a mutual agreement of the management of the enterprises, institutions or organisations, has been transferred.

Section 20. The Labour Restrictions for the Relatives Working in the Same Enterprises, Institutions and Organisations of the State and Local Self-Government

Persons who are closely related among themselves or through marriage (the parents, spouse, brothers, sisters, sons, daughters, as well as the brothers, sisters, parents and children of the spouse) shall not be allowed to work together as employees in one and the same enterprise, institution or organisation if they are subordinate to each other or directly control each other in their joint work.

Section 21. The Documents Required upon Hiring

When being hired, the employees shall comply with the following:

1) show their passport in accordance with the regulations on passports or, if the employee has not reached the age of 16, a birth certificate;
2) submit the employee's log-book (labour contract log-book).

When hiring for a job which requires special knowledge, the employer shall have the right to require that the employee shows a diploma or other document testifying to the education or professional qualifications.

Section 23. The Period of Probation upon Hiring

The period of probation shall not exceed three months. The period of temporary disablement and other time of a justified absence of the employee shall not be included into the period of probation.

Section 24. The Results of Probation upon Hiring

If the period of probation is over, but the employee continues to work, it shall be considered that he has passed the probation.

In this case a subsequent termination of the labour contract shall be permitted only upon general terms.

If the result of probation is negative, the employer shall fire the employee without the payment of the firing compensation. The employee shall have the right to appeal such firing at court.

Section 25. The Prohibition of Asking to Perform an Assignment Not Stipulated by the Labour Contract

The employer shall not have the right to ask the employee to perform an assignment not stipulated by the labour contract.

Section 26. The Transfer to Another Job. The Changing of Essential Stipulations of the Labour Contract

The transfer to another job at the same enterprise, institution or organisation, as well as the transfer to the job at another enterprise, institution or organisation or to another locality though together with the enterprise, institution or organisation, shall be permitted only upon a written consent of the employee, except for the cases stipulated by Sections 27 and 28 of this Code.

If the employee's speciality, qualification or position stipulated by the labour contract is preserved, the transfer of the employee to another place of work at the same enterprise, institution or organisation, to another branch in the same locality, to another mechanism or device shall not be considered as the transfer to another job and shall not require the consent of the employee. The employer shall not have the right to transfer an employee to a job he is unable to perform because of health reasons.

If due to health reasons employees need to be given an easier work, the employer shall transfer them, upon their consent, to such work either temporarily or for an unspecified term, as suggested by the medical expertise.

If there are changes in the organisation of production and labour, the changes of the essential labour contract stipulations shall be allowed on condition that the employees continue to work in the same speciality, qualification or position. The employees shall receive at least one month's notice about the changes in the essential stipulations of the labour contract, such as the system and amount of remuneration, privileges and regime of work, introduction or cancellation of reduced working hours or combination of professions, as well as the changing of the titles of positions and other essential stipulations of the labour contract.

If the previous essential stipulations of the labour contract cannot be preserved and the employee does not agree to continue to work under the new conditions, the labour contract shall be terminated in accordance with Paragraph 6 of Section 30 of this Code.

Section 27. The Temporary Transfer to Another Work Due to a Production Necessity

If the production interests of the enterprise, institution or organisation require so, the employer shall have the right to transfer the employees for a period of not more than one month to a work not stipulated by the labour contract in the same enterprise, institution or organisation, yet in the same locality, and shall pay a remuneration commensurate with the work to be performed, yet not less than the average remuneration at the previous work. Such transfer shall be allowed also in the cases when it is necessary to deal with natural disasters, as well as production emergencies or liquidate their consequences without delay; to prevent accidents, loss or damage of the state or public property, and in other emergency cases, as well as in order to replace an employee in absence. The transfer to another work in order to replace an employee in absence shall be allowed for the period not exceeding one month in a calendar year.

Section 28. The Temporary Transfer to Another Work Due to the Idle Time

In the case of the idle time an employee shall be transferred to another work for the period of up to two months in a calendar year and paid a remuneration commensurate with the work to be performed, but not less than the one stipulated in Section 99.

The order of the use of the idle time shall be stipulated by the collective labour agreement.

Section 29. Excluded

Section 30. The Basis for the Termination of the Labour Contract

The basis for the termination of the labour contract shall be the following:

1) the mutual agreement of the parties thereto;
2) the expiration of the term (points 2) and 3) of Section 16), except the cases when the labour relations de facto continue and none of the parties has required to terminate them;
3) if an employee is summoned to or joins the civil service;
4) the termination of the labour contract on the initiative of the employee (Section 31), on the initiative of the employer (Section 33, points 1), 2) and 3) of Section 254) or to the request of the institutions of the employees' trade unions (Section 38);
5) the transfer of the employee to another enterprise, institution or organisation upon his consent, or if he moves to an elected position;
6) the refusal of the employee to be transferred to another work in another location together with the employer, the refusal to continue the work due to the changing of essential stipulations of the labour contract, or failure to be elected (under competition included) to a position for another term;
7) if a court judgement takes legal effect, by which the employee has been convicted (unless he has been put on probation and the execution of the judgement has been suspended) to imprisonment, to reformatory work outside his working place or other punishment which excludes the possibility to continue the respective work;
8) breaches of the laws of the Republic of Latvia in the conclusion of the labour contract or the non-compliance of the labour contract with the requirements of the law.

The transfer of the enterprise, institution or organisation from the subordination of one institution to that of another, as well as the changes in the ownership shall not terminate the labour contract. If the enterprises, institutions or organisations are joined, split or merged, the labour contract shall be terminated on the initiative of the employer only in the cases when the number of the employees is being reduced.

Section 31. The Termination of the Labour Contract when the Employee Submits His Resignation

The employee shall have the right to terminate the labour contract by one calendar month advance notice to the employer. The period of temporary disablement shall not be included into the term of resignation. The possibility to cancel one's resignation shall be stipulated by the collective labour agreement or the labour contract.

Upon mutual agreement between the employee and the employer, the labour contract may be terminated also before the above mentioned term.

Section 32. Excluded.

Section 33. The Termination of the Labour Contract on the Initiative of the Employer

A labour contract which has been concluded for an indefinite period of time, as well as a labour contract concluded for a definite period of time may be terminated by the employer before the expiry of its term only in the following cases:

1) if the enterprise, institution or organisation is being liquidated;
- 1.1) if the employee has reached the retirement age and has the right to a full old age pension;
- 1.2) if the number of workers is being reduced;
2) if it has been established that the employee lacks the necessary professional skills or cannot continue the respective work due to health reasons;
3) if without valid reasons thereto the employee does not cope with this duties he is entrusted with in accordance with the labour contract or the local labour regulations;
4) Excluded;
5) if due to a temporary disablement the employee does not attend work for more than 4 months in succession, except for the maternity leave, - unless the laws stipulate a longer period for the preservation of work (position) in specific cases of illness. The employees who have lost working ability due to a trauma or professional illness contracted at work, shall keep their work (position) until the recovery of working ability or determination of the degree of the handicap;
6) if an employee, who formerly performed the work, is reinstated;
7) if the employee attends work intoxicated by alcohol, narcotic or toxic substances;
8) if the employer's property has been plundered (small-scale theft included), and as such been recognised by an effective court judgement or decision of an institution which has the right to investigate the case.

Firing due to the reasons stipulated by points 1.2, 2 and 6 of this Section shall be permitted if it is not possible to transfer the employee to another work upon his consent.

Section 34. The Restrictions to the Firing of the Employees on the Initiative of the Employer

It shall not be permitted to fire an employee on the initiative of the employer during the period of temporary disablement (except the firing in accordance with the stipulations of point 5) of Section 33), as well as during the period when the employee is on leave. This stipulation shall not apply to the cases when the enterprise, institution or organisation is being completely liquidated.

Section 34.1. The Specificity of the Termination of the Labour Contract with the Employees Who Have Reached the Retirement Age

The employer shall have the right either to maintain labour relations with the employees who have reached the age of retirement and who need a certain length of service in order to qualify for a full pension, or to terminate them (point 1.1) of Section 33). This order of firing the employees who have reached the retirement age shall not apply to the employees for whom the regulations stipulate another order of firing due to the old age.

Section 35. The Guarantees to the Employees with Whom the Employer Terminates the Labour Contract

The forthcoming termination of the labour contract in accordance with the

reasons mentioned in points 1), 1.1), 1.2), 2), 5) and 6) of Section 33 of this Code, shall be communicated to the employees personally in written form no later than one month in advance. The term of release shall not include the period of temporary disablement, except upon firing in accordance with point 5) of Section 33.

If the number of employees is being reduced, the preference to remain employed shall be given to the employees who have demonstrated a better performance and who have a higher qualification.

If the performance and qualification are equal, the preference to remain employed shall be given to the following employees:

1) women who have a child up to 14 years of age (a handicapped child - up to 16 years of age), or employees who have two or more dependants;
2) employees who have no other employees with a constant income in their families;
3) employees who have a long and uninterrupted period of service in the respective enterprise, institution or organisation;
4) handicapped persons, as well as employees who are affected by the radiation disease;
5) employees, who without interruption in their work, undergo vocation training (master the profession);
6) employees who have been maimed or contracted a professional disease when working at the respective enterprise, institution or organisation;
7) employees who have taken part in the rescue work of the Chernobyl nuclear reactor;
8) employees who have less than five years left till the retirement age.

Section 36. The Prohibition to Terminate the Labour Contract on the Initiative of the Employer without the Consent of the Trade Union

The employer shall not be allowed on his own initiative to terminate the labour contract with a trade union member without a prior consent thereto of the respective trade union, except in the following cases:

1) if the employee is fired due to the liquidation of the enterprise, institution or organisation;
2) if the employee is fired due to the disciplinary rules, which do not stipulate the co-ordination of firing with the trade union;
3) if the employee is fired who works for several employers - from the secondary position or job (combined job);
4) if the employee is fired due to the negative results of probation;
5) if the employee is fired because he attends work intoxicated by alcohol, narcotic or toxic substances;
6) if the employee is fired who has plundered the employer's property (small-scale theft included), which has been recognised by an effective court judgement or decision of an institution which has the right to investigate the case. The employer shall have the right to terminate the labour contract on the basis of reasons stipulated by the law no later than in a month's time after the day when the consent of the trade union to the firing of the employee is received.

Section 37. The Firing Compensation

Upon the termination of the labour contract, due to the reasons stipulated by points 3) and 6) of Section 30 and points 1), 1.1), 1.2), 2) and 6) of Section 33 of this Code, the employee shall be paid a firing benefit equal to not less than the average wage of one month or in the amount stipulated by the collective labour agreement or the labour contract, mutually agreed upon by the parties.

If the labour contract is terminated due to the non-compliance of the labour contract to the requirements set forth in the regulations on labour protection (point 8) of Section 30), the firing benefit shall amount to not less than the average wage of six months.

Section 38. The Termination of the Labour Contract to the Request of the Employees' Trade Union Institutions

To the request of the republican and territorial institutions of the employees' trade unions the employer in the state and local self-government enterprises, institutions and organisations shall terminate the labour contract with the administrator (his deputy, chief accountant) if he violates the labour regulations, deliberately hampers the conclusion of the collective labour contract or does not comply with the obligations stipulated by the collective labour agreement.

In the course of seven days from the day when the request is announced the employee regarding whom the trade union has submitted the request, or the employer may submit an application (claim) requesting that it be reviewed by a higher institution of the respective trade union, the decision of which shall be final. The above mentioned application shall be reviewed by the higher institution of the trade union in the course of seven days from the day it is received.

To the request of an institution of the trade union the labour contract shall be terminated only after the expiry of the seven days term, during which it shall be allowed to submit an application (claim) to review the request. If the above mentioned application is submitted, the labour contract with the employee shall be terminated only when the institution of the respective trade union has adopted the decision approving of the request to terminate the labour contract.

Section 39. The Firing

The employees shall be fired (freed of their duties) and the payment of salaries or wages shall be ceased only following the proposal of the duly authorised bodies in the cases stipulated by the law.

If the employee arrives at work intoxicated by alcohol, narcotic or toxic substances, the employer shall not give him access to work on that day (shift).

Section 40.The Employee's Log-books (Labour Contract Log-books)

The employee's log-book (labour contract log-book) shall be the basic document on the work of the employee, which testifies to the length of his service.

The employee's log-books (labour contract log-books) shall be filled in for all employees who work at the enterprise, institution or organisation for more than five days.

Information on the employee, the work he performs, as well as remuneration paid to him and other information shall be entered into the employee's log-book in keeping with the rules concerning employee's log-books and rules concerning labour contract log-books, approved by the Council of Ministers of the Republic of Latvia.

The penalties shall not be entered into the employee's log-books (labour contract log-books).

Section 41. The Formulation of the Reason for the Termination of the Labour Contract

The formulation of the reason for the termination of the labour contract shall correspond to the actual conditions of the termination of the labour contract and conform with the labour regulations.

The entries into the employee's log-books (labour contract log-books) on the reasons of the termination of the labour contract shall be made in strict conformity with the formulations of the effective laws and with reference to the respective section and paragraph of this Code or other regulation.

If the labour contract is terminated on the initiative of the employee due to his illness or disability, or due to his old age retirement, as well as because of his studies at an institution of higher or specialised secondary education or at post-graduate courses, or due to other reasons for which the legislation stipulates certain privileges and preferences, the entry in the employee's log-book on the termination of the labour contract shall refer to these reasons.

Section 42. The Obligation of the Employer to Issue to the Employee the Employee's Log-Book (Labour Agreement Log-Book) upon Firing

When firing an employee, on the day of the firing the employer shall issue to him the employee's log-book (labour contract log-book) containing an entry on the firing.

If the employer is responsible for the delay in the issuing of the employee's log-book (labour contract log-book), the employees shall be paid the average remuneration for the whole period of forced absence from work.

Section 43. The Issuing of References about Work and Remuneration

To the request of the employee the employer shall issue references about the work at the respective enterprise, institution or organisation, which shall contain information about the employee's speciality, qualification, position, length of service and the size of remuneration.

Chapter Four.- The Working Hours

Section 44. Excluded

(The March 17, 1992 Law of the Supreme Council of the Republic of Latvia)

Section 45. The Normal Working Hours

The normal working hours of the employees in enterprises, institutions or organisations shall not exceed 40 hours a week.

The working time shall be fully used to perform one's direct duties. The employees may be prevented from performing their direct duties only in the cases stipulated by the law.

Section 46. The Shortened Working Hours

The shortened working hours shall be established for the following employees:

1) employees between 16 and 18 years of age - 35 hours a week, but for persons under 16 years of age (Section 180) - 24 hours a week;
2) employees who work under hazardous or heavy working conditions - not more than 35 hours a week;
3) women with children under 3 years of age - 35 hours a week.

After co-ordination with the respective republican trade unions of employees, the lists of the kinds of work, professions and positions with hazardous and heavy working conditions, which entitle to shortened working hours and additional leave, shall be approved by the Council of Ministers of the Republic of Latvia.

In addition to this the laws shall stipulate reduced working hours for specific categories of employees (teachers, doctors and others).

Section 47. The Five Day Working Week and the Length of the Working Day

A five day working week with two holidays shall be established for the employees. If the working week is five days long, the length of the working day (shift) shall be established by the rules of local labour regulations or shift schedules approved by the employer after co-ordination with the employees' trade union or the respective institution of the employees' trade union, taking into account the established length of the working week. (Sections 45 and 46).

If the character of production and working conditions do not make it feasible to establish a five days working week, the employer shall establish a six days working week with one holiday. Upon a six day working week the length of the working day shall not exceed seven hours, if the weekly norm is 40 hours; it shall not exceed six hours, if the weekly norm is 35 hours; and it shall not exceed four hours, if the weekly norm is 24 hours.

Section 48. The Order of the Establishing of a Five Days or Six Days Working Week

The working week of five or six days shall be established by the employer together with the employees' trade union or the respective institution of the employees' trade union, taking into account the specificity of work and co-ordinating with the local self-government.

Section 49. The Length of the Working Day before Festive Days and Holidays

The length of the working day before festive days (Section 68) for employees, except for the ones mentioned in Section 46 of this Code, shall be reduced by one hour, if the working week is five days long, as well as if it is six days long.

The length of the working day before holidays shall not exceed six hours, if the working week is six days long.

Section 50. The Length of Work during Night-time

If the work takes place during night-time, the established working hours (shift) shall be reduced by one hour. This stipulation shall not apply to those employees which already have reduced working hours (point 2) of the first part and the third part of Section 46).

The length of work during night-time shall be equal to that during daytime in the cases when this is required by the conditions of production, especially with continuous production processes, as well as during shift-work upon a six day working week with one holiday.

The night-time shall be the time between 10 p.m. and 6 a.m.

Section 51. The Restrictions of Night-time Work for Some Categories of Employees

It shall be prohibited to employ during night-time:

1) employees under 18 years of age;
2) pregnant women; women with a child under the age of three; single fathers who have a child under the age of three; as well as the trustees of the children of the above mentioned age;
3) other categories of employees, as stipulated by the laws and the collective labour agreement.

Section 52. The Reduced Working Hours

If the employee agrees with the employer, a reduced working day or working week may be arranged for him upon hiring or at a later time.

If such arrangement is requested by a pregnant woman, one of the spouses who have a child under 14 years of age or a single father who has a child under 14 years of age (a handicapped child - under 16 years of age), a trustee of the child of the above mentioned age or a person who in keeping with the medical conclusion provides care for a sick family member, the employer shall arrange a reduced working day or a reduced working week for them.

The remuneration in such cases shall be proportional to the time of work or shall depend on the output.

The work under the arrangement of reduced working hours shall not serve as a basis for any restrictions of the length of the annual leave, calculation of the length of service and other labour rights of the employees.

Section 53. The Beginning and the End of the Working Day

The beginning and the end of the working day (shift) shall be established by the local labour regulations and shift schedules in accordance with the laws.

Section 54. The Work in Shifts

Upon the work in shifts, each group of employees shall have to work the established number of hours, taking into account the general length of work stipulated by the laws.

One shift shall replace other over a time which is envisaged by the schedule, approved by the employer after co-ordination with the employees' trade union or the respective institution of the employees' trade union.

The employees shall be acquainted with the shift schedules no later than one month before they take effect.

The employees shall be assigned to work in shifts evenly and in turns. The transfer from one shift shall usually take place on a weekly basis.

It shall be prohibited to assign an employee to work in two successive shifts.

Section 55. The Summary Registration of the Working Time

At enterprises, institutions and organisations with the continuous regime of work, as well as in separate branches of production, workshops, units, departments and various kinds of work, where the length of working day or working week, established for the respective category of employees, cannot be observed, after co-ordination with the employees' trade union or the respective institution of the employees' trade union, it shall be allowed to establish the summary registration of the working time, provided that the working time during the period of registration does not exceed the normal number of working hours (Sections 45 and 46).

Section 56. The Splitting of the Working Day

Where required by the specific character of the work, in accordance with the order stipulated by the law the working day may be split into parts in such a way that the total length of working time does not exceed the established length of the working day.

Section 57. The Restrictions of Overtime Work

Overtime work is work performed after the established working hours (Sections 45, 46, 47, 48, 55). It shall be permitted only in the cases when the employee has given a written consent to the instructions of the employer.

Section 58. Excluded

Section 59. The Maximum Overtime

The overtime for each employee shall not exceed four hours in two successive days and 120 hours a year. The duty of the employer is to precisely register the overtime work of each employee.

Chapter Five.- The Time-Off

Section 60. The Intervals for Rest and Nourishment

The employees shall be given an interval for rest and nourishment, which shall not exceed two hours. The interval shall not be included into the working time.

The intervals for rest and nourishment shall usually be given no later than four hours after the beginning of the work.

The beginning and end of the interval shall be established in accordance with the local labour regulations.

The employees shall use the interval at their own discretion. During this time they shall have the right to leave their place of work.

In such works, where the production conditions do not permit the establishment of an interval, the employees shall be given the opportunity to have their meals during the working time. The list of such works and the order of nourishment shall be determined by the employer after co-ordination with the employees' trade union or the respective institution of the employees' trade union.

Section 60.1. The Intervals which Shall Be Included into the Working Time

In the cases stipulated by the law, the employees who during cold season have to work outdoors or in unheated premises, loaders who are engaged in loading or unloading, as well as the employees of other categories shall be granted special intervals so that they can warm themselves and take a rest, and these intervals shall be included into the working time. The employer shall have the obligation to provide premises where the employees can warm themselves and take a rest.

Section 61. The Holidays

If there is a five day working week, the employees shall be granted two holidays per week, but if there is a six day working week - one holiday.

The generally observed holiday is Sunday.

If there is a five day working week, the other holiday, unless it is stipulated by the law, shall be determined by the working schedule of the enterprise, institution or organisation. Usually the holidays shall be granted both in succession.

Section 62. The Holidays in the Enterprises, Institutions and Organisations Providing Services to the Population

In work, which due to the necessity to service population cannot be interrupted during a generally observed holiday (enterprises of consumer services, shops, theatres, museums etc.), the employees shall be granted their weekly holidays on other days of the week, determined by the executive committees of the local self-governments in accordance with the effective laws.

Section 63. The Work which Cannot Be Interrupted Due to Holidays

In work which cannot be interrupted because of the reasons of production and technical circumstances (enterprises, institutions and organisations with continuous regime of work) or due to the necessity to continuously and constantly provide services to the population, holidays to each group of employees shall be granted successively on different days of the week in keeping with the shift schedule approved by the employer after co-ordination with the employees' trade union or the respective institution of the employees' trade union.

Section 64. The Holidays upon the Summary Registration of Working Time

Upon the summary registration of working time the employees shall be granted their holidays in accordance with the schedule (list) of work .

Section 65. The Length of the Continuous Weekly Leisure

The continuous weekly leisure shall last at least fourty-two hours.

Section 66. The Exceptional Cases when Separate Employees are Called to Work on Holidays

Selected employees may be called to work on holidays upon consent of the employees' trade union or the respective institution of the employees' trade union and only in the exceptional cases stipulated by the law and the second part of this Section.

It shall be permitted to call selected employees to work on these days in the following exceptional cases:

1) in order to prevent or liquidate a natural calamity, production accident, or in order to urgetly liquidate their consequences;
2) in order to prevent accidents, damages to property or its loss;
3) in order to perform immediate, unexpected work, which being done urgently may determine a future normal functioning of the whole enterprise, institution or organisation, or of their separate structural units;
4) in order to carry out urgent loading or unloading as well as the relevant transportation, thus preventing or liquidating the idle time of vehicles and accumulation of cargo in the places of dispatch and terminals.

Selected employees shall be called to work on holidays by a written order (directions) of the administration, taking into account the restrictions stipulated by Sections 165, 170 and 186 of this Code.

Section 67. The Compensation for Work on Holidays

The work on holidays shall be compensated upon mutual agreement of the parties by granting another holiday or by paying a double remuneration.

Section 68. The Festive Days

The enterprises, institutions and organisations shall not work on the following festive days:

January 1 - the New Year's Day;
Good Friday and Easter Sunday
May 1 - the Labour Day, the day of summoning the Satversme (Constitution) Meeting; the second Sunday of May - the Mother's Day
June 23 - the Lìgo Day (Midsummer Night's Eve);
June 24 - the St.John's Day (Midsummer Day);
November 18 - the day of the proclamation of the Republic of Latvia;
December 25 and 26 - the Christmas;
December 31 - the New Year's Eve.

On festive days it shall be permitted to perform work which cannot be interrupted due to the production and technical circumstances (enterprises, institutions and organisations with continuous regime of work), work which is necessary in order to provide services to the population, as well as urgent repairs, loading and unloading.

The order of compensation of the work on festive days shall be determined in accordance with the stipulations of Section 94 of this Code.

Section 69. The Annual Leave

All employees shall be given annual leave, preserving the place of work (position) and average remuneration (Sections 72, 73 and 78).

Section 70. The Order of Granting the Leave

The leave shall be given in the course of the whole calendar year.

The order of granting the leave shall be determined by the employer upon co-ordination with the employees' trade union or the respective institution of the employees' trade union.

When determining the order of the leaves, the wishes of the employees and the interests of the enterprise, institution or organisation to secure its normal functioning shall be taken into consideration.

The employer shall make the schedule of the leaves for each calendar year no later than by January 15 and acquaint all the employees with it.

Upon the request of the employee the employer may divide the leave into parts.

Section 71. The Prohibition to Compensate for the Leave in Terms of Money

It shall not be permitted to compensate for the leave in terms of money, except for the cases when an employee is fired who has not used his leave.

Section 72. The Length of the Leave

The annual leave for the employees shall be not less than four calendar weeks, festive days excluded.

The order of calculating the annual leave and remuneration shall be determined by the law.

Section 73. The Length of the Annual Leave for the Employees Who Are under Eighteen Years of Age

The employees who are under eighteen years of age shall be granted the annual leave of one calendar month.

Section 74. The Order of Granting the Leave

The leave for the first year of work shall be given to the employees after six months of continous work at the respective enterprise, institution or organisation.

If the condition of six months continuous work has not been met, the leave for the first year of work shall be given in the following cases:

1) to women - prior to maternity leave or right after it, as well as to women with children under twelve years of age;
2) to employees who are under eighteen years of age;
3) to persons who have been wrongly politically repressed;
4) in other cases stipulated by the law.

The leave for the second and subsequent years of work shall be given at any time during the working year in accordance with the schedule of leaves.

Persons who have been wrongly politically repressed shall be given their annual leaves in summer or any other season of their preference.

Section 75. Excluded.

Section 76. How to Calculate the Term of Service which Entitles to a Leave

The term of service which entitles to a leave shall comprise:

1) the actual time of service;
2) the time when the employee in fact did not work, but his place of work (position) was preserved and he received his remuneration in full or partly (this includes also a paid forced absence from work, if he was wrongly fired or transferred to another job and then reinstated into the previous one);
3) the time when the employee in fact did not work, but his place of work (position) was preserved and he received the social security benefit from the state, except for the paid child-care leave until the age of three of the child;
4) other time stipulated by the law.

Section 77. The Annual Granting of the Leave. The Exceptional Cases When the Leave is Postponed

The leave shall be granted at a certain time each year.

The annual leave shall be postponed or prolonged in the following cases:

1) in the case of a temporary disablement of the employee;
2) if the employee is asked to perform state or social duties;
3) in other cases stipulated by the law.

In exceptional cases, when the employees' leaves in the current year may negatively affect the normal working regime of the enterprise, institution or organisation, upon consent of the employees and after co-ordination with the employees' trade union or the respective institution of the employees' trade union it shall be permitted to transfer the leaves to the following year. The postponed leave can be combined with the next year's leave.

It shall be prohibited to refuse to grant the annual leave two years in succession, as well as to refuse to grant leave to the employees who are under eighteen years of age, as well as to the employees who are entitled to additional leave due to hazardous working conditions.

Section 78. The Additional Leave

The additional leave shall be granted in the following cases:

1) to the employees who are working under hazardous or heavy working conditions (part two of Section 46) - in accordance with the law and collective labour agreements;
2) to the women who have three and more children under the age of sixteen or a disabled child - three work-days.

Annual additional leaves may be granted to the employees who work with the employer for a long time, to the employees without fixed working hours, to the employees who work at night, in shifts, as well as in other cases. The duration of such additional leaves and the order of their granting shall be determined by the collective labour agreement (if the collective labour agreement is not concluded - by written agreement between the employer and the employees' trade union, or between the employer and the employee in the cases when there is no trade union).

Section 79. Excluded.

Section 80. The Exclusion of the Transitional Disablement or Maternity Leaves from the Annual Leaves

The leaves which in accordance with an established order have been granted due to a transitional disablement or maternity period and childbirth shall not be included into the annual leave.

Section 81. The Leave without Pay

Due to family reasons or other reasons important to the employee, the employer may grant the employee the leave without pay.

Chapter Six.- Remuneration

Section 82. Excluded.

Section 83. The Minimum Remuneration

The minimum monthly remuneration within normal working hours (Section 45) at one's primary place of employment shall not be lower than the living wage established by the state in the Republic of Latvia for the respective period of time.

Section 84. The Determination of the Minimum Remuneration

The minimum remuneration (hourly tariff rates, monthly wages and monthly salaries) shall be determined by the Council of Ministers of the Republic of Latvia. The minimum remuneration shall not be lower than the living wage established by the state.

Section 85. The Organisation of Remuneration in the Enterprises, Institutions and Organisations of the State and Local Self-Government

The tarification of jobs, the basic (minimum) requirements of the qualifications for positions and professions, their names and distribution among the categories of employees shall be determined by the Council of Ministers of the Republic of Latvia.

The concrete hourly (daily) tariff rates, monthly salaries and wages, conditions of remuneration and work norms for the employees of state and local self-government enterprises, institutions and organisations shall be determined by the collective labour agreements or by mutual agreement of the parties to the labour contract, within the limits of the financial means of the enterprise, institution or organisation.

In conformity with the work to be performed and the qualification of the employee in question, as well as on the basis of the general tariff (basic wage and salary) network, the qualification categories to the workers and position titles to civil servants shall be assigned by the employer after co-ordination with the employee or the respective trade union of the employees.

The remuneration of the administrators of state enterprises shall be determined by the Council of Ministers of the Republic of Latvia or by its institutions.

Section 86. The Remuneration of the Employees of the Institutions of State Administration

The conditions of remuneration for the employees of the apparatus of the institutions of state administration shall be determined by the Supreme Council of the Republic of Latvia and the Council of Ministers of the Republic of Latvia.

The conditions of remuneration for the employees of other organisations and institutions funded from the state budget shall be determined by the Council of Ministers of the Republic of Latvia.

Section 87. The Remuneration for Work Performed under Special Conditions

An increased remuneration shall be determined for hard and hazardous work in accordance with the laws of the Republic of Latvia and collective labour agreement.

Section 88. The Determination of the System of Remuneration and Material Stimulation

The system of remuneration (salaries or piece-wages) and material stimulation shall be determined by the employer in accordance with the laws of the Republic of Latvia and collective labour agreement.

The maximum amount of remuneration shall not be determined.

Section 89. Excluded.

Section 90. The Information of the Employees about the Introduction of New Remuneration Conditions and Changes in Them

The employer shall inform the employees about the introduction of new remuneration conditions or changes in the effective conditions no later than one month before they are introduced or changed.

Section 91. Excluded.

Section 92. The Remuneration in the Case of Combined Professions and Upon a Temporary Replacement of an Employee in Absence

The employees who in the same enterprise, institution or organisation parallely with their basic work as stipulated by the labour contract perform additional work in another profession (position) or, without leaving their basic work, perform the duties of an employee in temporary absence, shall be paid additional remuneration for the combined professions (positions) or temporary replacement of an employee in absence.

The remuneration for the combination of work (positions) or replacement of an employee in temporary absence shall be determined in accordance with the stipulations of the collective labour agreement or by mutual agreement of the parties to the labour contract, if the collective labour agreement has not been concluded.

Section 93. The Remuneration for Overtime Work

The remuneration for overtime work shall be not less than the double amount of the hourly or daily remuneration rate determined for the employee.

The concrete remuneration for overtime work shall be stipulated by the collective labour agreement or by mutual agreement of the parties to the labour contract.

Section 94. The Remuneration for Work or Duty on Festive Days

The remuneration for the work on festive days (second part of Section 68) shall be twice the amount of the hourly or daily remuneration rate determined for the respective employee.

If requested by the employee, the work on festive days may be compensated by an additional day-off.

The employee who has been on duty which is not connected with the direct responsibilities of his work shall be compensated upon mutual agreement of the parties by granting him another holiday or paying a double amount of the average earnings.

Section 95. The Remuneration for Work during Night-Time

The remuneration for work during night-time shall be not less than 1.5 times the hourly or daily remuneration rate determined for the employee in accordance with the laws and collective labour agreement.

Section 96. Excluded.

Section 97. The Remuneration if the Work Quotas Have Not Been Fulfilled

If the employee is not responsible for the non-fulfilment of the work quotas, he shall be paid as if the quotas have been fulfilled.

The monthly remuneration in this case shall not be lower than the minimum remuneration (Section 83).

If the employee is responsible for the non-fulfilment of the work quotas, he shall be paid in accordance with the work performed.

Section 98. The Remuneration if the Production Does Not Meet Quality Standards

If the employee is not responsible for the production which does not meet quality standards, he shall be paid the average earnings.

The monthly remuneration of the employee in this case shall not be lower than the minimum remuneration (Section 83).

The employee shall not be paid if the production for which he is responsible does not meet the quality standards completely. If the employee is responsible that only a part of the production does not meet the quality standards, he shall be paid in accordance with lower tariffs depending on the usefulness of the production.

Section 99. The Remuneration for the Idle Time

If the employee is not responsible for the idle time and if the employee has warned the employer about the beginning of the idle time, he shall be paid for this time in the amount of the hourly or daily remuneration rate.

The employee shall not be paid for the idle time for which he is responsible.

Section 100. The Preservation of Remuneration upon Secondment to Another Constant Job with a Lower Remuneration Rate and upon Transfer

If an employee is seconded to another constant job with a lower remuneration rate, his previous average earnings shall be preserved during two weeks after the day of secondment.

If a transfer of an employee (second part of Section 26) due to reasons beyond his control results in a decrease of his earnings, during two months after the day of transfer he shall receive additional payments to make up for the difference with the previous average earnings.

If due to the reasons of health the employees are transferred to less difficult, but less paid jobs, they shall be paid their previous average earnings during two weeks starting from the day of transfer, but in the cases stipulated by the law the previous average earnings shall be preserved all through the period when they perform the less paid job or else they shall receive a state social security benefit.

The employees who are temporarily transferred to another less paid job because they have contracted tuberculosis or an occupational disease, all through the period of the transfer, but not exceeding two months after the expiry of the approved doctor's sick-card, shall be paid a benefit in the amount which together with the earnings in the new job does not exceed the average earnings in the previous job.

To the employees who are temporarily transferred to a less paid job due to a trauma or another injury to their health which occurred when they performed their duties of work and for which the employer is to blame, the employer shall pay the difference between the previous earnings and the earnings in their new job. Such difference shall be paid until the recovery of full working ability or determination of a permanent loss of working ability or invalidity.

Section 101. The Terms of the Payment of Remuneration

The remuneration shall be paid at least every half-month.

The remuneration for a job which lasts less than two weeks shall be paid right after the work is accomplished.

For some categories of employees the laws and decisions of the Council of Ministers may establish other terms of the payment of remuneration.

If the day when remuneration is paid coincides with a holiday or a festive day, the remuneration shall be paid before these days.

The remuneration for a paid leave and for the period of work before the leave shall be paid no later than one day before the leave.

The employees shall have the right to acquaint themselves with the way their remuneration has been calculated.

When paying a delayed remuneration, all the employers shall take into account the monthly price growth indices in comparison with the consumer prices of the previous month, calculated by the State Committee of Statistics, which have been published for all months preceding the actual day when the remuneration is paid, including the month when the payment of remuneration was due.

Section 102. The Terms of the Severance Pay

If an employee is fired, all sums which the enterprise, institution or organisation owes him shall be paid on the day of firing. If the employee does not work on the day of firing, the respective sums shall be paid no later than on the next day after the fired employee requested the severance pay.

If upon firing an employee a dispute arises about the amount of the sums due to him, in the terms specified by this Section the employee shall be paid by the employer the sum which the employer does not dispute.

Section 103. The Calculation of the Average Earnings

In all the cases when this Code stipulates that the employees shall preserve their average earnings, it shall be calculated on the basis of the earnings during the last two months of the calendar.

The average monthly earnings for the last two calendar months shall be determined by dividing the sum total of the earnings by two. If an employee has worked less than two months, the average earnings shall be calculated for the last calendar month, dividing it by the number of the days the employee has worked.

The average daily earnings in order to calculate the remuneration during a paid leave shall be calculated by diving the average monthly earnings by 25.4, but in other cases - by the average number of work-days per month. The sum of the earnings to be preserved shall be calculated by multiplying the average daily earnings by the number of days during which the employees are to be paid the average earnings, but the sum of the remuneration for a paid leave shall be determined by multiplying the average daily earnings by the number of calendar work-days during the period of the leave, including Saturdays.

The order of the calculation of the average earnings in order to pay temporary disablement benefits and state pensions shall be stipulated by special laws.

Chapter Seven.- The Work Quotas

Section 104. The Work Quotas

The work quotas for the employees shall be established in accordance with the level of the production and organisation of work.

If an employee or a team of employees have increased productivity because they have used novel methods of work on their own initiative, or with their own efforts have improved their place of work, the work quotas shall not be revised during the following six months.

Section 105. The Introduction, Substitution and Revision of Work Quotas

The work quotas shall be introduced, substituted and revised by the employer in compliance with the collective labour agreement.

Section 106. The Information of the Employees about the Effective Work Quotas, Introduction of New Work Quotas, Their Substitution and Revision

The employees shall be informed about the introduction of new work quotas, as well as about the substitution and revision of the effective work quotas no later than one month before they take effect.

The employees shall be informed about the temporary and single work quotas before they undertake the job.

Section 107. The Ensuring of Normal Working Conditions in Order to Fulfil the Work Quotas

The employer shall ensure a rational organisation of the process of work and normal working conditions so that the employees can fulfil the work quotas. The following shall be considered as such conditions:

1) an applicable condition of machines, tools and devices;
2) a timely provision with technical documentation;
3) a required quality and timely provision of materials and instruments necessary for the work;
4) timely supply with electric energy, gas and other energy carriers;
5) safe and healthy working conditions. The observance of security regulations and norms, the necessary lighting, heating, ventilation, the prevention of the harmful effects of noise and other factors which have an adverse effect on the health of the employees, etc.

Sections 108 - 110. Excluded.

Section 111. The Preservation of the Previous Remuneration to the Employees - Inventors and Rationalisers

The employees who are authors of the inventions or rationalisation proposals which have been the basis of the establishment of new work quotas, shall preserve their previous remuneration during six months after the day when the new work quotas and remuneration are introduced.

Other employees who have helped the inventors or rationalisators to introduce the proposal, shall preserve their previous remuneration during three months.

The previous remuneration shall be preserved also in the cases when the inventor or rationalisator has not previously done the work in which the norms and remuneration have been changed due to the introduction of his proposals, but he has been transferred to this job after the submission of the proposal.

Section 112. The Order in Which the Disputes Arising upon the Establishment and Revision of the Work Quotas Are Tried

The disputes which arise upon the establishment and revision of the work quotas between the employer and the trade union of the employees, or the authorised representatives of the employees if there is no trade union, shall be tried by the dispute settlement commission, arbitration or court.

Chapter Eight.- Guarantees and Compensations

Section 113. The Guarantees to the Employees who Are Elected to Positions

The employees who are released from work due to their election to positions in the state institutions, after the expiry of their powers shall be guaranteed a possibility to occupy the previous or an equal position (job) in the same - or upon consent of the employee - in another enterprise, institution or organisation.

The guarantees to the elected employees of trade unions shall be stipulated by the Republic of Latvia Law "On Trade Unions" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1991, No. 3/4)

Section 114. The Guarantees to the Employees During the Exercise of the Rights and Duties Not Related with the Work

If it is not possible to realise the rights, guaranteed by the law but not related with the work, or perform such duties off working hours, during the exercise of their rights or duties the employees shall be guaranteed the preservation of their place of work (position), unless otherwise stipulated by the law.

The employees shall be guaranteed the payment of the average earnings from the state budget, if during working hours they have to perform the following duties not related with their work:

1) to appear, following a written invitation, before the preliminary investigation or administrative institutions, procurator's office, court, administrative court, arbitration or state notary office, as well as take part in court sessions as an assessor;
2) to appear, following a written invitation, as witnesses at the meetings of the pension commission, in order to give evidence concerning the length of service;
3) to take part, if necessary, in putting out fire; to give the casualties first aid during natural disasters, emergencies and accidents.

The payment of the average earnings shall be guaranteed also in other cases stipulated by the laws of the Republic of Latvia.

The average earnings shall be paid by the employer, to whom the relevant institution shall reimburse the expenses in accordance with the invoice.

Section 115. The Guarantees to the Employees Who Are Performing the Duties of the Compulsory State Service

The employees who are involved in performing the duties stipulated by the Republic of Latvia Law "On the Compulsory State Service of the Republic of Latvia" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1991, No. 39), shall be granted guarantees and privileges stipulated by this Law.

Section 116. The Guarantees and Compensations Connected with Business Trips and Transfers to Work in Another Locality

The employees shall be entitled to a reimbursement of expenses and other compensations connected with business trips, as well as transfer, hiring or secondment to work in another locality.

The employees who are sent on business trips shall be paid daily allowance during the time of the trip, fare to and from the place of visit, as well as the accommodation expenses.

The employees who are sent on a business trip shall preserve their place of work (position) and average earnings during the whole period of the trip.

The employees who are transferred to another job, which is connected with moving to another locality (to another populated area in the existing administrative-territorial division), shall be paid the fare - to the employees themselves and their family members (save the cases when the employer provides the respective means of transportation) - and expenses of the transportation of belongings, as well as daily allowance for each day of moving, a lump-sum grant to the employee and each family member accompanying him, remuneration for the days spent in the preparation for the trip and accommodation in the new place of living, but not for more than six days, as well as for the time spent on the way.

The employees who are moving because they are hired for work in another locality, shall be paid the fare - to the employee himself and his family members; the expenses of the transportation of belongings; daily allowance for the time spent on the way. A lump-sum grant to the employee and his family members, as well as the remuneration for the time until the commencement of work shall be paid (fully or partially) upon a mutual agreement between the employer and the employee.

The amount of compensations, the order of their allocation and payment shall be determined by the Council of Ministers of the Republic of Latvia.

Section 117. The Guarantees to the Employees Who Are Increasing Their Qualification

If the employer sends the employees to increase their qualification which involves a suspense of work, the employees shall preserve their working place (position) and the expenses related with the increasing of qualification shall be paid for them.

Section 118. The Guarantees to the Employees Who Are Blood Donors

The employer without reservation shall release the employees on the day of the check-up at the health care institutions, and on the day when they donate blood for transfusions, as well as preserve their average earnings for these days.

The employees who are blood donors shall be granted a day-off right after every day when they have donated blood for transfusion, and their average earnings for these days shall be preserved. Upon the request of the employee such days-off may be added to his annual leave.

Section 119. The Guarantees to the Employees Who Are Sent to a Check-up at a Health Care Institution

The average earnings of the employees who are subject to a medical check-up shall be preserved at their working place during the time they spend at a health care institution where the check-up is carried out.

Section 120. Excluded.

Section 121. The Compensation for the Depreciation of the Instruments Possessed by the Employees

The employer shall provide the employees with the instruments and devices necessary for their work free of charge.

The employees who in accordance with the labour contract use their own instruments for the needs of the enterprise, institution or organisation, shall be entitled to a compensation for the depreciation of the instruments.

The amount of the compensation and the order of its payment shall be determined upon a mutual agreement between the employer and the employee.

Section 122. The Restrictions Concerning the Deductions from Remuneration

Deductions from remuneration shall be made only in the cases stipulated by the law.

Section 123. The Deductions from Remuneration Made by the Employer

Deductions from remuneration in order to pay off an employee's debt to the enterprise, institution or organisation where the employee is working shall be made following the employer's order in the following cases:

1) in order to pay off an advance payment against the remuneration; in order to recover the sums paid in excess due to a calculation error; in order to recover an advance payment which was not used and not paid back in time, and was allocated to the employee due to a business trip or transfer to another locality, as well as for office supplies, unless the employee contests the grounds for the deductions and their amount.
In these cases the employee shall have the right to order that a deduction is made not later than one month after the expiry date of the term set for the pay off of the advance payment or debt, or the day when a wrongly calculated sum was paid.
If the employee contests the grounds or amount of the claim mentioned in this paragraph, the employer shall have the right to submit the claim to court not later than one year after the expiry date of the term set for the pay off of the advance payment or debt, or the day when a wrongly calculated sum was paid;
2) if an employee is fired before the end of the working year for which he has already been granted a leave - for the days of the leave which have not been worked off. Deduction for these days shall not be made, if the employee is fired on the grounds mentioned in paragraphs 3, 5 and 6 of Section 30, and 1, 1.1, 1.2 and 5 of Section 33 of this Code, as well as when the employee is assigned to studies or retires.

The remuneration which the employer has paid to the employee in excess (also in the cases when a law was applied wrongly), cannot be recovered, except in the cases when a calculation error has been made.

Section 124. The Restrictions to the Amounts of Sums to Be Deduced from the Remuneration

The sum-total of all the deductions upon each payment of remuneration shall not exceed 20 per cent, but in the special cases stipulated by the laws and paragraph 1 of part one of Section 403 of the Civil Procedure Code of Latvia - 50 per cent of the remuneration to be paid to the employee.

When deductions from remuneration are made in keeping with several warrants, in each case the employee shall preserve 50 per cent of his remuneration.

The restrictions stipulated by the first and second parts of this Section shall not be applied to deductions from the remuneration upon punitive labour and when recovering alimony in behalf of minors.

If it is not possible to satisfy all the claims submitted to recovery, the sequence of claim satisfaction stipulated by Sections 425 - 430 of the Civil Procedure Code of Latvia shall be applied.

Section 125. Some Sums Payable to the Employees from Which Deductions Are Prohibited

It shall not be permitted to make deductions from the firing benefit, compensations and other payments, to which recovery of claims is not applicable in accordance with the law.

Section 126. The Material Responsibility of the Employees for the Damage Incurred to the Employer

The employees shall treat the property of the enterprise, institution or organisation sparingly, and shall take care that damage is eliminated.

The employees who are responsible for the damage incurred to the enterprise, institution or organisation where they are working, shall bear material responsibility only in the cases when there are direct real losses; lost profit shall not be taken into account.

It shall not be permitted to hold an employee responsible for a loss which was incurred in the result of a normal production and economic risk.

The duty of the employer is to create such conditions to the employees, which are necessary for normal work and full preservation of the property entrusted to them.

Sections 127 and 128. Excluded.

Section 129. The Material Responsibility of the Employees

The employees shall bear full material responsibility or the loss, which is incurred to the employer when performing the duties of work, and for which they are to blame.

The employees who jointly perform separate work, connected with the keeping, treatment, sale (distribution), transportation or use in the production process of the assets entrusted to them, and if it is not possible to separate each employee's material responsibility, a collective (team) responsibility may be envisaged. The rules of the application of collective (team) responsibility shall be stipulated by the collective labour agreement.

Sections 129.1 - 129.2. Excluded.

Section 130. The Reimbursement of Material Losses Incurred by the Employee to the Enterprise, Institution or Organisation

The employee who has incurred the loss may voluntarily reimburse it fully or partially. Upon the agreement of the employer, the employee may compensate for the loss by a property of equal value or repair the damage.

Upon a written consent of the employee, the employer shall recover the losses from the reimbursement of the employee in the amount stipulated by the law (Section 124). If the employee does not agree with the deduction or its amount, the employer shall submit the labour dispute to the labour dispute commission and court.

If the employer has violated the established order and made deductions from the employee's reimbursement, the deduced sums shall be paid off.

The loss shall be reimbursed irrespective of whether the employee is called to disciplinary, administrative or criminal account for his actions (neglect) due to which losses have been incurred to the enterprise, institution or organisation.

Section 131. The Determination of the Amount of Losses to Be Reimbursed

The amount of losses incurred to the employer shall be determined on the basis of the virtual direct losses.

If the losses were incurred by several employees, the amount of the reimbursable losses for each of them shall be determined by taking into account the degree of personal responsibility.

The court may decrease the amount of reimbursable losses, taking into account the degree of personal responsibility of the employee, the concrete circumstances and his financial condition.

Chapter Nine.- The Order of Work

Section 132. The Duties of the Employees

The employees shall observe the order of work; fulfil the instructions of the employer in time and precisely; observe the technological discipline, requirements of labour protection, labour security and labour hygiene; treat the property of the employer with respect.

Section 133. Excluded.

Section 134. The Duties of the Employer

The duty of the employer is to organise the work of the employees properly, observing the stipulations of labour laws and regulations of labour protection, as well as to improve the working conditions of the employees.

Section 135. The Establishment of the Order of Work

The order of work in enterprises, institutions and organisations shall be stipulated by the regulations of the order of work, approved by the employer and trade unions, as well as by the collective labour agreement.

Section 136. The Disciplinary Regulations

To some categories of employees the disciplinary regulations approved by the Supreme Council or the Council of Ministers of the Republic of Latvia shall be applied.

Section 137. The Rewards for Achievements at Work

Diligence at work, long and immaculate service and other achievements at work may be rewarded by the employer with the awards stipulated by the regulations of the order of work and collective labour agreement.

(As modified by the March 17, 1992 Law of the Supreme Council of the Republic of Latvia)

Sections 138 - 140. Excluded.

Section 141. The Punishment for the Violation of the Discipline of Work

The employer shall be entitled to apply the following disciplinary punishment for the violation of the order of work:

1) remark;
2) reproof;
3) firing from work (position) (Paragraphs 3, 7 and 8 of Section 33 and Paragraph 1 of Section 254).

Special regulations about disciplinary punishment may stipulate also other punishment to some categories of employees.

Section 142. The Order of the Application of Disciplinary Punishment

Before a disciplinary punishment is applied, an explanation shall be required from the employee.

When choosing a concrete kind of disciplinary punishment, it shall be taken into account how grave is the violation and conditions under which it was committed, as well as the previous record of the employee.

To each violation of the discipline of work only one disciplinary punishment shall be applied.

Section 143. The Term of the Application of Disciplinary Punishment

The employer shall apply disciplinary punishment right after the violation was discovered, but not later than one month after the day it was discovered, excluding the time when the employee has temporary disablement or is on leave.

Disciplinary punishment shall not be applied in the cases when more than six months have passed after the day when the violation was discovered.

Section 144. The Appealing of the Disciplinary Punishment

The employee may appeal the disciplinary punishment applied to him at the labour dispute commission and court in accordance with the order of the settlement of labour disputes.

Section 145. The Remittment of a Disciplinary Punishment

If in a year's time after the day when the disciplinary punishment was applied the employee does not receive a new disciplinary punishment, he shall be considered as not having received any disciplinary punishment.

Disciplinary punishment may be remitted before the expiry of the one year term, if the employee has not committed a new violation of the discipline of work and has shown himself as a good and diligent employee.

Section 146. Excluded.

Chapter Ten.- The Labour Protection

Section 147. The Ensuring of Harmless and Safe Working Conditions

The rights and duties of the employers and the employees in the field of labour protection shall be stipulated by the May 4, 1993 Law of the Republic of Latvia "On Labour Protection".

Section 148. Excluded.

Sections 149 - 151. Excluded.

Sections 152 - 161. Excluded.

Sections 162 - 164. Excluded.

Sections 165 - 167. Excluded.

Chapter Eleven.- The Women at Work

Section 168. The Jobs Where the Employment of Women Is Prohibited

It shall be prohibited to employ women in jobs with hard and hazardous working conditions.

The lists of jobs with hard and hazardous working conditions, in which it is prohibited to employ women, shall be approved by the Council of Ministers of the Republic of Latvia upon co-ordination with the republican trade unions of employees.

It shall be prohibited to make women carry and move heavy weights, which exceed the norms stipulated for them by the regulations.

Section 169. The Restrictions to the Employment of Women in Night-Time Work

It shall be prohibited to involve women in work during night-time, except such kinds of work where it is highly necessary.

Section 170. The Prohibition to Employ Pregnant Women and Women with Children under Three Years of Age in Night-Time and Overtime Work, in Work on Holidays and Festive Days, and to Send Them on Business Trips

It shall be prohibited to involve pregnant women and women with children under three years of age in night-time and overtime work, in work on holidays and festive days, as well as to send them on business trips.

Section 171. The Limitation of Overtime Work and Business Trips for Women Who Have Children under Fourteen Years of Age

It shall be prohibited to involve women who have a child under 14 years of age (a handicapped child - under 16 years of age) in overtime work or send on business trips without their consent.

Section 171.1. The Restrictions to the Involvement of Women in Duty Work

It shall be prohibited to involve pregnant women and women with a child under the age of 14 (a handicapped child - under the age of 16) in duty work after the end of the working day, during night-time, on holidays and festive days.

Section 172. The Transfer of Pregnant Women and Women with Children under Three Years of Age to Easier Jobs

In accordance with the medical conclusion, the work quotas for pregnant women shall be diminished and they shall be transferred to other - easier jobs where adverse factors are excluded, preserving the average earnings of their previous job.

If women who have a child under three years of age cannot cope with their job, they shall be transferred to another job, preserving the average earnings of the previous one until the child reaches the age of three.

Section 172.1. The Remuneration for Women Who Have a Child Under Three Years of Age and Who Have a Reduced Working Time Each Day

To the women who have a child under the age of three and who have a reduced working time each day, the remuneration shall be paid in the same amount as to the employees of the respective categories who work a normal working time each day.

The women who have a child under the age of three and who are engaged in piece-work, shall be paid in accordance with the norms of the payment for piece-work like other employees, with an additional payment in accordance with the tariff rate for the time by which their working time is shorter than that of the other employees.

Section 173. The Maternity and Childbirth Leaves and Child-Care Leave Until the Child Reaches the Age of Three

The maternity leave of fifty-six calendar days and the childbirth leave of fifty-six calendar days shall be calculated together and one hundred and twelve calendar days shall be granted irrespective of the number of days of maternity leave used before childbirth.

To women who due to pregnancy have started to receive medical treatment in a health care institution before the twelfth week of pregnancy and have continued to receive it during the whole period of pregnancy, shall be granted an additional leave of fourteen days, which shall be added to the maternity leave and shall thus be granted all together seventy calendar days.

If pregnancy, childbirth or post-natal complications occur, as well as when two or more children are born, the woman shall be granted a fourteen days long additional leave, which shall be added to the childbirth leave and shall thus be granted all together seventy calendar days.

Upon request the women shall be granted a child-care leave until the child reaches the age of three. During this period the state social security benefit shall be paid.

The time for child-care until the child reaches the age of three shall be included into the total and continuous length of service.

Section 174. The Joining of the Annual Leave to the Maternity and Childbirth Leaves and the Granting of the Annual Leave to Women Who Have a Child Under the Age of Fourteen

Upon written request, the women shall be granted annual leave before the maternity and childbirth leaves or right after them, irrespective of their length of service with the respective employer.

The women who have a child under the age of 14 (a handicapped child - under the age of 16) shall be granted their annual leave in summer or - upon their written request - in other time convenient for them.

Section 175. The Privileges to Women in Addition to Those Stipulated by the Laws

In accordance with the collective labour agreement, the employer from its own means shall establish labour, social and personal privileges to the working women - mothers in addition to those stipulated by the laws.

Section 176. The Guarantees to the Persons Who Are Bringing Up Motherless Children

In the families which have adopted a child (children) until the age of two months, the woman shall be granted a childbirth leave of fifty-six calendar days starting from the day of the adoption of the child (children).

In the families which have adopted a child (children) in the age from two months till three years, one of the adopters or the trustee shall be granted a paid single additional leave of fourteen calendar days.

In the families which have adopted a child (children), upon request a child-care leave shall be granted to one of the adopters or the trustee until the child reaches the age of three. During this time the state social security benefit shall be paid.

In the cases when the mother has died in childbirth or until the forty-second day of the post-natal period, as well as if the mother cannot take care of the child due to the reasons of her health, or has given up the care of the child in accordance with the order established by the law, the father of the child or the person who takes care of the child at home shall be granted absence from work for seventy calendar days and paid a benefit in the amount of the average earnings.

The guarantees and privileges, stipulated by Paragraph 1 of Section 35, Section 51, Paragraph 2 of part one of Section 78, Sections 170, 171 and 1711, second part of Section 174, Sections 175 and 177, second part of Section 178 of this Code shall also apply to single fathers of minors under the age of 14 or a handicapped child (under the age of 16), as well as to the trustees of the children of the above mentioned ages.

Section 177. The Intervals for the Feeding of the Child

In addition to the routine intervals for rest and nourishment, the women who have children under the age of 18 months shall be granted additional intervals for the feeding of the child.

Such intervals which are not shorter than 30 minutes shall be granted not less than in every three hours.

If there are two or more children under the age of 18 months, the interval shall be at least one hour.

Upon the request of the mother, the intervals for the feeding of the child may be joined together, added to the lunch break or shifted to the end of the working day (shift). The working day (shift) shall be reduced by the respective period of time.

The length of the intervals and the way in which they are granted shall be determined by the employer in accordance with the collective labour agreement, taking into account the wishes of the mother.

The intervals for the feeding of the child shall be included into the working time and they shall be paid for on the basis of the average earnings.

Section 178. The Guarantees to Pregnant Women and Women Who Have Small Children

It shall be prohibited to reduce remuneration to women because of pregnancy or child-care.

The employer shall not be allowed to fire pregnant women and women who have a child under the age of three. Firing shall be permitted in the cases when the enterprise, institution or organisation is completely liquidated.

Section 179. Excluded.

Chapter Twelve.- The Adolescents at Work

Section 180. The Age of Employment

It shall be prohibited to employ in permanent jobs persons who are under the age of 15 years.

Schoolchildren over 13 years of age may be employed in easy jobs, harmless to health and morals, off school-time upon consent of parents or persons replacing them. The list of jobs in which it is prohibited to employ schoolchildren under the age of 15 years shall be approved by the Council of Ministers of the Republic of Latvia.

Section 181. The Rights of the Minors Deriving from Labour Law

The minors (the persons who are under 18 years of age) in the rights and obligations deriving from labour law shall be equalled to persons who are of age, but with regard to the issues of labour protection, working time, leaves and other labour conditions they shall have privileges stipulated by this Code and other laws of the Republic of Latvia.

Section 182. The Jobs in Which Employment of Persons Under 18 Years of Age Is Prohibited

Employment of persons who are under 18 years of age in heavy jobs and in jobs with conditions which are hazardous to the health and morals of the youngsters shall be prohibited.

The list of the heavy jobs and jobs with conditions which are hazardous to the health and morals of youngsters, in which it is prohibited to employ persons who are under 18 years of age, shall be approved by the Council of Ministers of the Republic of Latvia, upon co-ordination with the republican institutions of trade unions.

Minors shall be prohibited to carry and move weights which exceed the maximum norms stipulated for them by the laws.

Section 183. The Medical Check-Ups of Persons Who Are Under 18 Years of Age

All persons who are under 18 years of age shall be hired only after a prior medical check-up and further on they have to have a compulsory medical check-up each year until they come of age.

Section 184. The Work Quotas for the Minors

To the employees who are under 18 years of age the work quotas shall be determined on the basis of the work quotas for grown-up employees in proportion with the reduced working time established for persons who are under 18 years of age.

The minors who start to work after the graduation of secondary comprehensive or vocational schools or courses, as well as after practical training directly in the process of production, the employer may temporarily establish reduced work quotas in accordance with the collective labour agreement or labour contract.

Section 185. The Remuneration for the Employees Who are Under 18 Years of Age and Who Have a Reduced Working Time Each Day

The employees who are under 18 years of age and who work reduced working time each day, shall receive remuneration in proportion with the accomplished work, but not less than the minimum remuneration established by the state (Section 83).

Schoolchildren who after the age of 13 years work off school-time (second part of Section 180) shall receive remuneration in proportion either with the working time or output. The employers may establish extra payments in addition to the remuneration of schoolchildren.

Section 186. The Prohibition to Employ in Night-Time and Overtime Work and Work During Holidays Persons Who Are Under 18 Years of Age

It shall be prohibited to employ persons who are under 18 years of age in night-time and overtime work and in work during holidays.

Section 187. The Leaves of the Employees Who Are Under 18 Years of Age

The annual leave (Section 73) to persons who are under 18 years of age shall be granted in summer or - upon their wish - in any other season.

Sections 188 - 190. Excluded.

Chapter Thirteen.- The Privileges to the Employees Who Are Combining Work and Studies

Section 191. The Organisation of Vocational Training and Creation of Conditions Necessary for Work and Studies

The duty of the employer is to create the necessary conditions, which are to be stipulated by the collective labour agreement, so that the employees who are involved in vocational training or attend educational establishments without interrupting their work activities, could combine work and studies.

Section 192. The Training During Working Time

If the employees are trained directly in the process of production, the theoretical classes and practical training shall be organised either during working hours or off working time in accordance with the laws, or upon mutual agreement of the parties to the collective labour agreement or labour contract.

Section 193. The Job Assignments in Accordance With the Obtained Qualification

After completion of vocational training the employees shall be assigned categories or titles of positions and shall be given jobs corresponding to the acquired profession and qualification in accordance with the stipulations of the collective labour agreement or upon mutual agreement of the parties to the labour contract.

Sections 194 - 200. Excluded.

Section 201. The Privileges to the Employees Granted Because of the Studies in Educational Establishments of All Kinds

In accordance with the collective labour agreement or upon mutual agreement of the parties to the labour contract, the employers may grant paid or unpaid study leaves or other privileges to the employees who are making good progress in their studies in all kinds of educational establishments or in independent studies without interruption of work. In order to pass the state exams or to prepare and defend the graduation paper (project), a leave of not less than 20 calendar days shall be granted, with the preservation of the minimum remuneration established by the state. In the disciplines where day departments are not available, the students of the correspondence departments who are making good progress in their studies shall be granted a paid study leave.

The state of local self-government institutions, employers and banks may grant credits in accordance with the order established by the laws of the Republic of Latvia, in order to cover the study expenses of the employees who combine work and studies in any educational establishment.

Sections 202 - 206. Excluded.

Chapter Fourteen.- The Labour Disputes

Section 207. The Institutions Which Try Labour Disputes

The labour disputes shall be tried by the following institutions:

1) the labour dispute commissions;
2) the people's courts of regions (cities).

Section 208. The Order of the Trying of Labour Disputes

The labour dispute commission shall be a compulsory first instance elected by the employers and the employees, which has to try the individual labour disputes, except the disputes which in accordance with the law must be tried directly at court.

The order in which the labour dispute commissions try labour disputes shall be governed by the regulation on the order of labour dispute trying, but the order in which the cases of labour disputes are tried at court shall be governed by this Code and the Civil Procedure Code of Latvia.

The regulation on the order of labour dispute trying shall be approved by the Presidium of the Supreme Council of the Republic of Latvia.

Sections 209 - 214. Excluded.

Section 215. The Protection of the Employees' Labour Rights at Court

The employees who have concluded a labour contract with the employer shall have the right to court protection in accordance with the order stipulated by the Civil Procedure Code of the Republic of Latvia.

The court shall not try the disputes on the firing of the elected or appointed officials of the elected higher institutions of the state power or of the elected employees of local self-governments or public organisations.

Section 216. The Trying of Labour Disputes at Court

The regional or city courts shall try the labour disputes in the following cases:

1) following the applications of the employee, employer or trade union representing the interests of the employee, if they are not satisfied by the decision of the labour dispute settlement commission;
2) following the statement of the procurator, if he concludes that the decision of the labour dispute settlement commission contradicts the effective laws.

The labour disputes shall be tried directly at regional (city) courts, omitting the labour dispute settlement commissions, in the following cases:

1) following the applications of the employees fired on the initiative of the employer - about their reinstatement at work, as well as about the changing of the formulation of the reasons of their firing;
2) following the applications of the employees of those places of work where there are no labour dispute settlement commissions;
3) following the application of the employer, if the institution of the respective trade union refuses to sanction the firing of an employee on the initiative of the employer;
4) disputes about the refusal to hire, if such refusal is unlawful in accordance with the law.

Section 217. The Terms of Submission of the Applications on Labour Dispute Settlement

The employee or his trade union may appeal at the labour dispute settlement commission in the course of one month after the day when the employee learned or had to learn that his labour rights or interests protected by the law have been violated, while in the cases regarding firing - at the regional (city) court in the course of one month after the day when the employee's log-book (labour contract log-book) was received.

Within the same term the employer may appeal at the labour dispute settlement commission with an application on the compensation of the losses incurred by the employee, if the employee does not compensate them on his free will or refuses to give a written consent to the deduction of such compensation from his remuneration.

If the term of the submission of applications is not observed due to justifiable reasons, the labour dispute settlement commission may renew it.

Section 218. The Exemption from the Payment of Court Expenses of Those Employees Who Apply Labour Disputes at Court

The employees who are claimants at court in cases deriving from labour relations, shall be exempted from the payment of court expenses to the state (the stamp duty and expenses related with the trying of the case).

Section 219. The Reinstatement at Work

If an employee is fired without legal grounds thereto or his firing has violated the established order of firing, or he has been unlawfully transferred to another job, the institution which tries the labour dispute shall reinstate him into his previous job.

Section 220. The Remuneration for a Forced Absence from Work or Performance of a Less Paid Job

The employee who has been unlawfully fired and reinstated into his previous job, in accordance with the court decision shall be paid the average earnings for the forced absence from work starting from the day of firing.

The same extent shall be reimbursed in accordance with the court decision, if the reason for firing has been a wrong entry into the employee's log-book (labour contract log-book), which has prevented the employee from entering a new job.

The average earnings for the period of forced absence from work shall be paid also following a decision of the labour dispute settlement commission.

The employee who has been unlawfully fired and reinstated into his previous job, in accordance with the judgement or decision of the institution of dispute settlement shall be paid the average earnings for the period of the forced absence from work, or the difference in the average earnings for the time when he performed a less paid job.

The employee may pay for the period of forced absence from work due to an unlawful firing or transfer, as well as pay the difference in average earnings during the period when a less paid job was performed.

Section 221. The Term in which the Employer Has to Comply with the Decision of Labour Dispute Settlement Commission

Except for the cases stipulated by Section 222 of this Code, the employer shall comply with the decision of the labour dispute settlement commission within ten days, unless the decision stipulates other term of its implementation.

Section 222. Some Judgements and Decisions on Labour Issues which Must be Executed without Delay

The decision or judgement made by the institution of labour dispute settlement about the reinstatement of an employee who has been unlawfully fired or transferred, shall be executed without delay. If the employer delays the execution of such judgement or decision, the employee shall be paid the difference in the average earnings for the delayed time from the day when the judgement or decision was made to the day they were executed.

The court judgements on the recovery of remuneration from the employees, but not more than the average earnings of one month, shall also be executed without delay.

Section 223. The Execution of the Decision of the Labour Dispute Settlement Commission by Force

If the employer in the terms specified by Sections 221 and 222 of this Code does not execute the decision of the labour dispute settlement commission by which the labour dispute has been settled as a matter of substance, the labour dispute settlement commission shall issue the employee a certificate which shall have the power of a warrant.

On the basis of the certificate issued by the labour dispute settlement commission which has been submitted at court no later than in the course of three months, the bailiff shall execute the decision of the labour dispute settlement commission by force.

Section 224. The Material Responsibility of and Official who Is Responsible for an Unlawful Firing or Transfer

The court shall make the official, who is responsible for an unlawful firing or transfer of an employee, responsible for the reimbursement of the loss which has been incurred to the enterprise, institution or organisation due to the payment of compensation for a forced absence from work or performance of a less paid job. Such responsibility shall be made incumbent if the firing or transfer have taken place through an obvious violation of law, or if the employer has delayed the execution of the court judgement.

Section 225. The Restrictions to the Recovery of the Sums which Have Been Paid in Accordance with the Judgement or Decision of the Institutions of labour Dispute Settlement

The sums that have been paid to an employee in accordance with the decision of the labour dispute settlement commission, if the labour dispute has been later settled otherwise, as well as the sums which have been paid in accordance with the court judgement in the case of a labour dispute, if the judgement has been cancelled in keeping with the court supervision, shall be recovered only in the case if the cancelled judgement or decision was based on false information supplied by the employee or forged documents submitted by him.

Section 226. Excluded.

Section 226.1. The Satisfaction of a Financial Claim

When trying labour disputes on issues of financial claims, except the claims about the payment of the average earnings to the employee for a forced absence from work or the payment of the difference of earnings during the time he performed a less paid job (Section 220 and part two of Section 226 of this Code), the institution which tries the dispute shall have the right to make a judgement or decision about the payment of the sums due to the employee for not more than one year, but in the case of the compensation for the leave which was not used due to firing - not more than two years of work.

Section 227. The Order of Trying the Disputes on the Establishment or Changing of the Working Conditions

The disputes between the employee and employer about the establishment of new or changing of the existing working conditions, which have not been settled, shall be decided by the employer upon agreement with the institution of the respective trade union, but if the settlement is not possible, the issue shall be decided by the labour dispute settlement commission, arbitration or court.

Section 228. The Order of Trying the Differences of Opinion between the Institution of the Respective Employees' Trade Union and the Employer about the Establishment of the Working Conditions

The differences of opinion between the institution of the respective employees' trade union and the employer upon establishing or changing the working conditions, shall be decided by the settlement commission set up from the representatives of the employer and the trade union of the employees, by arbitration or court.

Chapter Fifteen.- The Rights of the Employees' Trade Unions

Section 229. The Right to Unite in the Employees' Trade Unions

The employees shall have the right to unite in trade unions in accordance with the professional, branch and territorial, or other principles.

The employees' trade unions shall operate in accordance with the Republic of Latvia Law "On Trade Unions" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1991, No. 3/4), other laws of the Republic of Latvia and the by-laws of the trade unions registered in accordance with the established order. Any action, the aim of which is to directly or indirectly subjugate the employees' trade unions to state, local self-government or other institutions, as well as hamper the activities of these unions stipulated by the law and their by-laws, shall be prohibited.

Section 230 - 232, 234 - 238. Excluded.

Section 233. Excluded.

Section 239. The Guarantees to the Elected Employees of Trade Unions

The chairpersons of the elected institutions of trade unions and their members who have not been freed of their primary job, may be transferred to another constant job or fired on the initiative of the employer in accordance with the established order and only upon a prior consent of the supreme institution of the respective trade union.

Chapter Sixteen.- The State Social Insurance

Section 240. The Attribution of Social Security and Social Insurance to All Employees

The social security and social insurance shall be attributed to all employees.

Section 241. The State Social Security and Social Insurance

The order of granting and payment of state pensions shall be determined by the Republic of Latvia Law "On State Pensions" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1991, Nr. 1/2).

The order of granting and payment of state social insurance benefits shall be determined by a regulation approved by the Supreme Council of the Republic of Latvia.

Sections 242 - 245. Excluded.

Chapter Seventeen.- The Supervision and Control of the Compliance with Labour Laws

Section 246. The Institutions of the Supervision and Control of the Compliance with the Labour Laws

The control and supervision over the compliance with the labour laws and labour regulations shall be implemented by the following institutions:

1) the state institutions which have been specially authorised thereto, which in their activities are independent of the employers and higher institutions;
2) the trade unions of employees implementing public control.

The authorities of local self-government and their executive bodies shall control the compliance with the laws in accordance with the order stipulated by the law.

The ministries, state committees and departments within their limits shall control the compliance with the laws in the enterprises, institutions and organisations subordinate to them.

The supreme supervision over the precise and uniform compliance with the labour laws in the Republic of Latvia shall be exercised by the Procurator General of the Republic of Latvia and procurators subordinate to him, in accordance with the law "On the Procurator's Supervision in the Republic of Latvia" (Latvijas Republikas Augstâkâs Padomes un Valdìbas Ziðotâjs, 1990, No 41).

Section 2461. The State Supervision and Control over the Compliance with the Laws and Regulations of Labour Protection Concerning the Technical Monitoring and Operation of the Hazardous Equipment

The state supervision and control over the labour and labour protection laws and regulations concerning the technical monitoring and operation of hazardous equipment shall be exercised by the State Labour Inspection.

Section 247. Excluded.

Section 248. The State Medical Supervision

The state medical supervision over the way the employers comply with the regulations concerning hygiene and epidemiological requirements shall be exercised by the following institutions:

1) the Chief Hygienist of the Republic of Latvia;
2) the chief hygienists of the cities, towns and regions and their deputies.

Section 249. The State Energy Supervision

The state supervision over the construction, use and safety of the electric and heat energy equipment shall be exercised by the affiliation "Energokontrole" of the State Enterprise "Latvenergo".

Section 250. The Responsibility of the Employers and Officials for the Violations of Labour Laws

The employers as well as the officials of the state and local self-government enterprises, institutions and organisations, who are responsible for the violation of the labour laws and regulations of labour protection, non-compliance with the obligations stipulated by collective labour agreements and agreements on labour protection, or for hampering the activities of the employees' trade unions, shall bear responsibility in accordance with the order stipulated by the laws of the Republic of Latvia.

Chapter Eighteen.- The Final Stipulations

Section 251. The Labour Privileges to Some Categories of Employees

The laws of the Republic of Latvia may stipulate privileges to some categories of employees.

Section 252. The Regulation of Working Time and Holidays in Some Branches of National Economy

The laws of the Republic of Latvia may stipulate special regulation of working time and holidays in the institutions of education, medicine, culture and others, as well as in the enterprises and organisations of transport, communications, agriculture and others.

Section 253. The Special Working Regulations for the People Working in Seasonal Jobs and for Some Other Categories of Employees

The laws of the Republic of Latvia may stipulate special working regulations for the employees who are engaged in seasonal jobs or forest industry, as well as for the persons who on the basis of a labour contract are working at home, and in other cases.

Section 254. The Additional Grounds for the Termination of Labour Contract of Some Categories of Employees under Certain Conditions

Apart from the grounds stipulated by Sections 30 and 33 of this Code, the labour contract of some categories of employees may be terminated in the following cases:

1) if the leading employees - the leaders of the state and local self-government enterprises, institutions and organisations, their deputies and chief accountants - have not fulfilled their duties of work, or if their actions have been deliberately directed against the state interests determined by the laws of the Republic of Latvia;
2) if an employee in whose responsibility there are financial or material assets, has acted unlawfully and therefore has lost the confidence of the employer;
3) if an official of an institution of state power or administration, as well as an official of a local self-government institution or an employee who performs education functions have committed a breach of morals which is incompatible with the continuation of work.

The laws of the Republic of Latvia may stipulate additional grounds for the termination of labour contracts of some categories of employees, if the effective regulations on hiring have been violated and in other cases.

When terminating the labour contract on the grounds stipulated by Paragraphs 2 and 3 of this Section, the stipulations of Section 36 of this Code shall be observed.

Sections 255 and 256. Excluded.

Section 257. The Calculation of the Terms Stipulated by this Code

The terms of the establishment and termination of the labour rights and obligations stipulated by this Code shall be determined by a calendar date or period of time calculated in years, months, weeks or days. The term may be determined also by an event which is bound to happen.

The term sets in on the next day after the calendar date or the happening of the event which determines the beginning of the term.

The term which is expressed in years shall expire on the month and date of the last year of the term.

The term which is expressed in months shall expire on the respective date of the last month of the term. If the end of the term which is expressed in months falls into a month which does not have the respective date, the term shall expire on the last day of this month.

The term which is expressed in weeks shall expire on the respective day of the last week of the term.

If the term expires on a holiday, the next working day shall be considered as the last day of the term.

If the term has been set in order to carry out an activity, this activity may be carried out until 24 p.m. on the last day of the term. However, if this activity is to be carried out at an enterprise, institution or organisation, the term shall expire in the hour when the respective operations are terminated at the enterprise, institution or organisation in accordance with the regulations.

All written applications and announcements which have been submitted at the post office or telegraph until 24 p.m. on the last day of the term shall be considered as submitted within the term.

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