Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
26 September 2002 [shall
come into force on 1 January 2003];
10 November 2005 [shall come into force on 14 December
2005];
17 October 2019 [shall come into force on 19 November
2019];
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Strike Law
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) [26 September 2002];
2) [26 September 2002];
3) strike - a means of resolving a collective interest
dispute that manifests itself in such a way that employees or a
group of employees of a branch of an undertaking voluntarily,
completely or in part, discontinue work in order to attain the
fulfilment of demands;
4) strike negotiations - discussions by the parties to
the collective interest dispute the aim of which is to reach an
agreement in the collective interest dispute and terminate the
strike;
5) solidarity strike - a strike which is not based on a
collective dispute regarding interests, but on solidarity with
the demands of a trade union of employees of the branch of
another undertaking or employees of the branch of another
undertaking in order to attain the fulfilment of the stated
demands;
6) declaration of a strike - an announcement regarding
the decision to strike made by an employee trade union of an
undertaking or branch, or by employees of an undertaking or
branch, or by the representatives of the abovementioned
employees;
7) strike procedures - a process which includes the
declaration of a strike, the strike itself and the strike
negotiations, and during which the parties to the collective
interest dispute exercise the rights and duties thereof
prescribed by law.
[26 September 2002]
Section 2. This Law prescribes:
1) the rights and duties of the parties to a collective
interest dispute during the strike procedures;
2) restrictions on the right to strike;
3) the grounds for recognising a strike or declaration of a
strike illegal;
4) the procedures for the supervision of strike
procedures;
5) liability for violation of this Law.
[26 September 2002]
Section 3. (1) The employees of a branch of an
undertaking (hereinafter - employees) have the right to strike in
order to protect their economic or professional interests.
(2) The right to strike shall be exercised as a last resort if
no agreement and reconciliation has been reached in the
collective interest dispute.
[26 September 2002]
Section 4. (1) Participation in a strike shall be
voluntary.
(2) An employee may not be forced to participate in a strike
or be prohibited from participation in the strike.
Section 5.
[26 September 2002]
Section 6. (1) The parties to the collective interest
dispute shall enter into strike negotiations during the
strike.
(2) During the strike negotiations the demands, suggestions,
and proposals of the parties to the collective interest dispute,
the answers provided thereto, as well as the decisions taken and
agreements reached shall be drawn up in writing.
(3) If an employer does not fulfil the agreement regarding the
resolution of the collective interest dispute reached during the
strike negotiations, the trade union or employees have the right
to re-commence the strike without complying with the provisions
of Sections 11 and 12 of this Law.
[26 September 2002]
Section 7. The parties to the collective interest
dispute shall ensure that the procedures prescribed by this Law
are complied with during the strike.
[26 September 2002]
Chapter
II
Pre-strike Negotiations
[26 September 2002]
Chapter
III
Declaration of Strike
Section 11. (1) A trade union shall take a decision
regarding the declaration of a strike in accordance with the
procedures prescribed by the articles of association at a general
meeting of the members thereof and in which more than half of the
number of members of such trade union participate. A decision
shall be taken if a simple majority of the members of the
relevant trade union who are present have voted for it. The
process and results of the voting shall be recorded in the
minutes.
(2) If it is impossible to convene a general meeting of the
members of the relevant trade union due to the large number of
the members or due to the specific nature of the work
organisation, the decision regarding the declaration of a strike
shall be taken in accordance with the procedures prescribed by
the articles of association at a meeting of authorised
representatives of members of the trade union. A decision shall
be taken if simple majority of the authorised representatives of
the members of the relevant trade union who are present have
voted for it. The process and results of the voting shall be
recorded in the minutes.
(3) A trade union or authorised representatives of the members
of a trade union referred to in Paragraph two of this Section
(hereinafter - authorised representatives of the members of a
trade union) may take a decision regarding the declaration of a
strike also on behalf those employees who are not members of the
relevant trade union, if such employees have authorised the trade
union or the authorised representatives of the members of the
trade union.
[10 November 2005]
Section 12. (1) Employees shall take a decision
regarding the declaration of a strike at a general meeting of
employees of the relevant undertaking in which at least half of
the number of the employees of this undertaking participate. The
decision shall be taken when a simple majority of the employees
of the relevant undertaking who are present have voted for it by
secret ballot. The process and results of the voting shall be
recorded in the minutes.
(2) If it is impossible to convene the general meeting of
employees due to the large number of employees or due to the
specific nature of the work organisation, the decision regarding
the declaration of a strike shall be taken at a meeting of
authorised employee representatives of members of the employees
in which at least half of the number of authorised employee
representatives of the members of employees of the undertaking
participate. A decision shall be taken when a simple majority of
the authorised employee representatives of the members of
employees of the relevant undertaking who are present have voted
for it by secret ballot. The process and results of the voting
shall be recorded in the minutes.
[10 November 2005]
Section 13. A trade union (authorised representatives
of members of the trade union) or employees (authorised
representatives of employees), upon taking a decision regarding
the declaration of a strike, shall establish a strike committee
to lead a strike and represent the interests of employees of the
relevant trade union or relevant undertaking during the strike
negotiations with the employer. The numerical composition of the
committee and procedures for establishment thereof shall be
determined by the trade union (authorised representatives of the
members of the trade union) or employees (authorised
representatives of the employees).
Section 14. (1) Not later than seven days prior to the
commencement of a strike the strike committee shall submit to the
relevant employer, the State Labour Inspectorate and the
Secretary of the National Tripartite Co-operation Council
(hereinafter - Tripartite Council) the following:
1) a declaration of a strike, including:
a) the date, time of commencement of the strike and place of
the strike;
b) the reasons for the strike;
c) the demands of the strikers;
d) the number of strikers;
e) the composition and the leader of the strike committee;
2) a decision of the relevant meeting (general meeting)
regarding the declaration of a strike accompanied by minutes in
which the number of votes has been recorded by which the
abovementioned decision has been taken, but in cases set out in
Section 11, Paragraph three of this Law - also the minutes which
endorse the abovementioned support.
(2) During the strike the trade union or employees shall not
be allowed to state to the employer demands which have not been
indicated in the declaration of a strike.
[26 September 2002; 10 November 2005]
Section 15. The authorisation for the strike committee
shall terminate if the parties to the collective interest dispute
agree to terminate the strike or if the strike has been
acknowledged as illegal.
[26 September 2002]
Chapter
IV
Restrictions of Right to Strike
Section 16. Judges, prosecutors, police officers,
employees of fire safety, fire-fighting and rescue services,
border guards, employees of the State security institutions,
warders and persons who serve in the National Armed Forces are
prohibited from striking.
[10 November 2005]
Section 17. (1) The employer and the strike committee
shall ensure that during a strike the minimum amount of work is
continued in the services, undertakings necessary to public
(hereinafter - the services necessary to public) the
discontinuation of which would cause a threat to national
security or the safety, health or life of the entire population,
certain groups of inhabitants or particular individuals.
(2) The services necessary to public within the meaning of
this Law shall be:
1) medical treatment and first aid services;
2) public transport services;
3) drinking water supplies services;
4) electricity and gas production and supplies services;
5) communications services;
6) air traffic control services and the services which provide
air traffic control services with meteorological information;
7) services related to the safety of movement of all forms of
transport;
8) waste and waste water collection and treatment
services;
9) radioactive substances and waste storage, utilisation and
control services;
10) civil defence services.
(3) If necessary, not later than three days prior to the
commencement of a strike, the employer and the strike committee
shall agree in writing and designate from those employees who
will participate in the strike a certain number of employees who
will perform the work referred to in Paragraph one of this
Section during the strike, as well as specify the amount of
practical work of the abovementioned employees and give specific
orders.
(4) The refusal of an employee to perform the practical work
and follow the orders referred to in Paragraph three of this
Section the aim of which is to ensure the functioning of the
relevant service necessary to the public or the minimum necessary
work to be performed during strike provided for by the employment
contract or collective agreement shall be regarded as a violation
of the work procedures, and the employee shall be held liable in
accordance with the procedures prescribed by law.
[26 September 2002]
Section 18. If necessary, not later than three days
prior to the commencement of a strike the strike committee and
the employer shall agree in writing regarding the measures to be
taken during the strike in order to:
1) maintain the undertaking, machinery and equipment or
devices thereof in such condition which would allow the
recommencement of work immediately after the termination of the
strike;
2) ensure the guarding of raw materials, finished and
unfinished products of an undertaking;
3) assume the guarding of the machinery and premises of an
undertaking.
Chapter V
Supervision of Strike Procedures
Section 19. (1) Conformity of the strike procedures to
this Law and other laws and regulations shall be supervised by
the State Labour Inspectorate.
The State Labour Inspectorate shall specify the place and time
of strike negotiations if the employer and strike committee are
unable to reach an agreement.
(3) The State Labour Inspectorate has the right to:
1) postpone or terminate the strike in the cases provided for
by Section 20 of this Law;
2) give binding orders to the parties to the collective
interest dispute in the cases provided for by Sections 21 and 22
of this Law;
3) request from the parties to the collective interest dispute
the information necessary for the resolution of the collective
interest dispute and the organisation of strike negotiations;
4) [17 October 2019].
[26 September 2002; 17 October 2019 / Amendment
regarding the deletion of Clause 4 of Paragraph three shall come
into force on 1 July 2020. See Transitional
Provision]
Section 20. In case of a natural disaster, major
accident or epidemic the State Labour Inspectorate may postpone
the strike or discontinue it for a period of up to three months
with regard to persons involved in the prevention of a natural
disaster, major accident or epidemic or elimination of
consequences.
Section 21. If the parties to the collective dispute do
not ensure the implementation of the provisions of Section 17 of
this Law, the State Labour Inspectorate shall give a binding
order thereto for continuing the minimum amount of work in the
services necessary to the public and determine the number of
employees who are to perform the task referred to.
[26 September 2002]
Section 22. If the parties to the collective interest
dispute are unable to agree regarding the measures referred to in
Section 18 of this Law pursuant to the declaration of a strike,
the State Labour Inspectorate shall, at the request of the
employer or upon its own initiative, determine the number of
those employees who must take the measures referred to in Section
18 of this Law.
[26 September 2002]
Chapter
VI
Acknowledging Strike or Declaration of Strike to be Unlawful
Section 23. (1) A strike or an declaration of a strike
shall be regarded as illegal if:
1) this Law has been violated;
2) the strike has been declared during the term of validity of
a collective agreement which has already been entered into in
order to change the conditions of this collective agreement, thus
violating the procedures for amending a collective agreement
referred to therein;
3) it is a strike of solidarity which is not related to the
fact that the general agreement (regarding tariffs, labour and
other social protection guarantees) has not been entered into or
fulfilled;
4) the strike is initiated in order to express political
requirements, political support or political protest.
(2) A strike shall be considered to be unlawful if it pertains
to the issues upon which the parties have already agreed during
strike negotiations.
Section 24. (1) Only the court may acknowledge a strike
or the declaration of a strike to be illegal.
(2) The employer shall submit to the court an application
regarding the acknowledgement of the declaration of a strike to
be illegal within a period of four days from the day of the
declaration of a strike.
(3) If an application regarding the acknowledging of the
declaration of a strike to be illegal has been submitted to the
court by the date of the commencement of the strike specified in
the declaration of the strike, the strike may not be commenced
until the judgment of the court comes into effect.
[10 November 2005]
Section 25. A strike, which has been acknowledged to be
unlawful, must be discontinued immediately, but if the strike has
not yet been commenced and the court has acknowledged the
declaration of the strike to be unlawful, it is prohibited to
commence the strike.
Chapter
VII
Rights and Duties of Employees and Employers during Strike
Section 26. (1) The initiation and declaration of a
strike, and participation in a strike shall not be considered to
be a violation of the employment contract or labour rights in
accordance with the procedures prescribed by this Law and shall
not, therefore, constitute grounds for the dismissal of
employees.
(2) Work places of employees who participate in a strike in
accordance with the procedures prescribed by this Law shall be
retained.
(3) Disciplinary sanctions shall not be applied to the
employees who participate in a strike in accordance with the
procedures prescribed by this Law.
Section 27. (1) At the request of an employee, the time
during which the employee participates in a strike shall not be
included in the term of an employment contract entered into for a
specified period. The course of the term for such contracts shall
be suspended for the entire duration of the strike and it shall
be renewed as soon as the strike is discontinued in accordance
with the procedures prescribed by this Law. This condition does
not apply to cases when after the termination of a strike it is
impossible to perform the work for the performance of which an
employment contract for a specified period of time has been
entered into.
(2) At the request of an employee, the time during which an
employee participates in a strike shall not be included in the
notice periods of an employment contract.
Section 28. (1) The employees participating in a strike
shall not receive remuneration for work during the strike, and
the employer shall not make social security payments for these
employees, unless otherwise agreed by the parties to the
collective interest dispute.
(2) Employees who work during a strike in accordance with
Sections 17 and 18 of this Law shall receive remuneration for
work commensurate with the work performed.
[26 September 2002]
Section 29. At the request of the employees who do not
participate in a strike, but due to the strike are unable to
perform their duties of employment, the course of the term of
operation of an employment contract entered into for a specified
period shall be suspended for a period of time during which the
employees are not able to perform their work, and it shall be
renewed as soon as the strike is terminated in accordance with
the procedures prescribed by this Law.
Section 30. (1) All provisions of an employment
contract and collective agreement shall be binding on those
employees who do not participate in a strike and continue to work
and they shall receive remuneration for work in conformity with
the relevant employment contract and collective agreement.
(2) Employees who do not participate in a strike and continue
to work may not be forced to assume the work of the striking
employees.
Section 31. (1) A trade union, employees and strike
committee may establish a fund from voluntary payments, donations
of employees and other persons, as well as other funds in order
to render material support to the trade union or employees
participating in the strike.
(2) A trade union or employees may also establish a special
voluntary insurance fund.
(3) Material and financial support of political organisations
(parties) shall be prohibited from the funds referred to in
Paragraphs one and two of this Section.
Section 32. (1) Blocking of an undertaking where the
strike is taking place, as well as blocking the entrances and
driveways thereof shall be prohibited.
(2) During a strike employees have the right to organise
meetings, street processions and pickets in accordance with the
procedures prescribed by the law On Meetings, Processions and
Pickets.
Section 33. An employer may not hire new employees to
replace the striking employees during a strike in order to
prevent or suspend the strike or to avoid the fulfilment of the
demands of the striking employees.
Chapter
VIII
Administrative Offences in the Field of Right to Strike and
Competence in Administrative Offence Proceedings
[17 October 2019 / The
new wording of Chapter shall come into force on 1 July 2020.
See Transitional Provision]
Section 34. For forcing the employee who does not
participate in a strike to assume the work of the striking
employees, and also for hiring employees to replace the striking
employees in order to prevent or suspend the strike or to hinder
the fulfilment of the demands of the striking employees, a fine
from twenty-eight to seventy units of fine shall be imposed on
the employer if it is a natural person but a fine from seventy to
one hundred and forty units of fine - if it is a legal
person.
[17 October 2019 / The new wording of this Section
shall come into force on 1 July 2020. See Transitional
Provision]
Section 35. For inviting to an illegal strike as a
result of which an illegal strike takes place, a fine from
twenty-eight to seventy units of fine shall be imposed on the
employee or the authorised official of a trade union.
[17 October 2019 / Section shall come into force on
1 July 2020. See Transitional Provision]
Section 36. For continuing an illegal strike, a fine
from twenty-eight to seventy units of fine shall be imposed on
the authorised official of a trade union.
[17 October 2019 / Section shall come into force on
1 July 2020. See Transitional Provision]
Section 37. The administrative offence proceedings for
the offences referred to in Sections 34, 35, and 36 of this Law
shall be conducted by the State Labour Inspectorate.
[17 October 2019 / Section shall come into force on
1 July 2020. See Transitional Provision]
Transitional
Provision
[17 October 2019]
Amendments to this Law regarding deletion of Section 19,
Paragraph three, Clause 4 of this Law and the new wording of
Chapter VIII shall come into force concurrently with the Law on
Administrative Liability.
[17 October 2019]
This Law has been adopted by the Saeima on 23 April
1998.
President G. Ulmanis
Rīga, 12 May 1998
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)