The termination of employment in Latvia is governed by the Labour Law. An employer in Latvia may terminate an employment contract only if they have valid grounds for doing so. These grounds can be categorized into three main areas: employee conduct, employee capabilities, and economic or operational reasons.

Lawful Grounds for Dismissal

Under employee conduct, grounds for dismissal include significant breach of the employment contract or internal work regulations, illegal actions causing the employer to lose trust in the employee, actions that go against moral principles and make continued employment untenable, and working while under the influence of alcohol, narcotics, or toxic substances.

In terms of employee capabilities, lack of qualifications or competence to perform the job duties and long-term incapacity due to health limitations can be grounds for dismissal.

Economic or operational reasons such as redundancy due to downsizing, restructuring, or technological changes can also lead to termination of employment.

Notice Requirements

The minimum notice period mandated by law is one month. This can be extended by the employment contract or a collective bargaining agreement. In cases of severe misconduct by the employee, the employer may have the right to terminate the contract immediately.

Severance Pay

In Latvia, severance pay may be mandatory under certain circumstances. If the termination is due to redundancy or operational reasons, the amount of severance pay is based on the employee's length of service with the employer. If the termination is determined to be unlawful, the employee may be entitled to compensation, including severance pay.

Important Considerations

Employers cannot terminate the employment contracts of trade union members for more than six months without the prior consent of the relevant trade union. Employees can challenge the termination of their employment in court.

In Latvia, anti-discrimination laws protect individuals from discrimination based on several characteristics. These include race and ethnic origin, nationality, language, sex, age, disability, health status, religious beliefs, political belief, sexual orientation, and gender identity.

Protected Characteristics

Race and Ethnic Origin: This is prohibited under the Constitution of the Republic of Latvia and the Law on Social Security.

Nationality: Discrimination based on nationality is prohibited under the Constitution of the Republic of Latvia.

Language

Sex: This is prohibited under both the Constitution of the Republic of Latvia and specific legislation like the Gender Equality Law.

Age: This is prohibited under the Law on Social Security.

Disability: This is prohibited under the Constitution of the Republic of Latvia and the Law on the Rights of Persons with Disabilities as well as the Law on Social Security.

Health Status

Religious Beliefs: Discrimination based on religion is prohibited under the Constitution of the Republic of Latvia and the Law on Religious Organizations.

Political Belief: This is prohibited under the Constitution of the Republic of Latvia.

Sexual Orientation: While not explicitly covered in a comprehensive anti-discrimination law, Latvia is bound by the European Union's Employment Equality Directive, which prohibits discrimination on the grounds of sexual orientation in employment matters.

Gender Identity: Limited legal recognition exists for gender identity, but explicit protection against discrimination on this basis is lacking.

Mechanisms for Redress

If you feel you have been discriminated against based on a protected ground, you have several options:

Ombudsman of the Republic of Latvia: The Ombudsman investigates discrimination complaints and offers mediation or possible solutions.

Labor Inspectorate: For employment discrimination, file a complaint with the Labor Inspectorate. You may be entitled to compensation and/or reinstatement.

Courts: You can sue the discriminating party in civil court. Courts can order an end to the discrimination and may award both material and moral damages.

Employer Responsibilities

Employers have a substantial responsibility to prevent and address discrimination:

Proactive Measures: Employers should have clear anti-discrimination policies that include reporting mechanisms and consequences for violations. It's recommended to conduct employee training on diversity and anti-discrimination.

No Retaliation: It's illegal for employers to retaliate against employees who file discrimination complaints.

Harassment: Employers are obligated to prevent harassment based on protected characteristics within the workplace.

Reasonable Accommodations: Employers must provide reasonable accommodations for workers with disabilities, where possible.

Anti-discrimination protection in Latvia is still evolving, especially regarding areas like sexual orientation and gender identity. It's essential to stay informed of any legislative updates or relevant case law.

In Latvia, labor laws establish minimum standards for working conditions, including regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in Latvia is 40 hours, with a maximum of 8 hours per day. Overtime work is permitted, but it requires an agreement between the employer and employee and cannot exceed 144 hours in a 4-month period. Overtime compensation must be at least 100% of the regular wage. Part-time work is also an option, with specific working hours outlined in the employment contract.

Rest Periods

Employees are entitled to at least 12 hours of uninterrupted rest between two working days. There is a mandatory 42-hour rest period every week, which typically includes weekends. Employees are also entitled to a minimum of 4 weeks of paid annual leave.

Ergonomic Requirements

Latvian labor law requires employers to provide a safe and healthy work environment. This includes providing workstations that are ergonomically designed to minimize musculoskeletal strain. Employees performing prolonged computer work or other tasks that may cause strain are entitled to short breaks throughout the workday.

Latvia places a high priority on ensuring safe and healthy working environments for its workforce. This is established through two primary laws: The Labour Law (2001) and The Labour Protection Law (2001). These laws define the rights and obligations of employers and employees regarding work-related matters and establish specific requirements for employers to guarantee worker health and safety.

Employer Obligations

Latvian employers have a significant responsibility in ensuring workplace safety. Key obligations outlined in the Labour Protection Law include:

• Maintaining a Safe Work Environment: Employers must identify and mitigate potential hazards in the workplace through risk assessments and implementing control measures.
• Providing Training and Instruction: Employers are required to provide all workers with proper training on occupational safety and health (OSH) practices relevant to their specific job role.
• Personal Protective Equipment (PPE): Employers must furnish necessary PPE to safeguard workers from potential health and safety risks.
• Health Surveillance: In occupations with inherent health risks, employers must arrange mandatory health examinations for employees.
• First-Aid and Welfare Facilities: Employers are obligated to provide readily accessible first-aid facilities and ensure hygienic working conditions.

Employee Rights

Latvian employees have the right to work in a safe and healthy environment. The Labour Protection Law empowers them with the following rights:

• Right to a Safe Workplace: Employees have the right to refuse unsafe work practices and work environments until rectified by the employer.
• Access to Information and Training: Employees have the right to receive information and training on OSH practices relevant to their job function.
• Health Surveillance Participation: Employees have the right to participate in any mandatory health examinations arranged by the employer.

Enforcement Agencies

The Latvian government upholds workplace health and safety regulations through designated enforcement bodies. The primary agency responsible for this is the State Labour Inspectorate (SLI), which inspects workplaces, investigates accidents, and ensures compliance with OSH regulations.