The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Trade Unions
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of the Law is to lay down general provisions for
the establishment and activity of trade unions and their
associations (hereinafter also - the trade unions) and also the
principles to be followed by the trade unions in co-operation
with employers, employers' organisations and their associations,
State and local government institutions.
Section 2. Legal Framework for the
Activity of Trade Unions
(1) The rights and obligations of the trade unions related to
the representation of the rights and interests of employees is
laid down in the Constitution of the Republic of Latvia, the
provisions of international laws which are binding on Latvia,
this Law and also other laws. The manner in which the trade
unions defend the interests of employees shall be laid down in
the articles of association of the trade unions.
(2) The activity of the trade unions shall be governed by this
Law, provisions of the Associations and Foundations Law regarding
associations, unless otherwise provided for by this Law, and also
by the articles of association of the trade unions.
(3) The trade unions have the right to determine in their
articles of association a regulatory framework that differs from
that specified in the Associations and Foundations Law for
matters concerning the procedures for the joining, withdrawal and
exclusion of members, the competence of the meeting of members
and the meeting of representatives, the procedures for its
convocation, process and decision-making, the procedures for the
election and decision-making, as well as the rights and
obligations of an executive body and also the procedures for
amending the articles of association.
Section 3. Notion of a Trade
Union
A trade union is a voluntary association of persons that has
been established to represent and protect labour, economic,
social and professional rights and interests of employees.
Section 4. Right to Establish a
Trade Union and Join a Trade Union
(1) Everyone has the right to freely, without any direct or
indirect discrimination establish a trade union and, in
compliance with the articles of association of a trade union, to
join a trade union and also not to join a trade union.
(2) Membership of a person in any trade union or the wish of a
person to join or not to join a trade union cannot serve as basis
for restricting the rights of a person.
Section 5. Right of the Trade Unions
to Organise
(1) The trade unions have the right to establish associations
of trade unions and the right to join such associations.
(2) A trade union or an association of trade unions has the
right to join an international association of trade unions and
also has the right to establish such international associations
of trade unions.
Section 6. Independence and Equality
of the Trade Unions
(1) In their activities, the trade unions shall be independent
from the State and local government institutions, and also
employers, employers' organisations and their associations.
(2) Any actions aimed at impeding, either directly or
indirectly, formation of the trade unions, at subordinating them
to the State and local government institutions, employers,
employers' organisations and their associations, and also at
impeding the fulfilment of the functions and achievement of the
objectives of the trade unions and their associations determined
by laws and articles of association shall be prohibited.
(3) The trade unions shall have equal rights.
Section 7. Establishment of a Trade
Union and an Association of a Trade Union
(1) Only natural persons may establish the trade unions.
(2) The number of persons who establish a trade union of an
undertaking cannot be less than 15 or less than one fourth of the
total number of the persons employed at the undertaking that, on
the other hand, cannot be less than five employees.
(3) The number of persons establishing a trade union to be
formed outside an undertaking cannot be less than 50.
(4) An association of a trade union may be established if at
least three trade unions registered in accordance with the
procedures specified by the Law unite.
(5) The term 'undertaking' is used in this Law within the
meaning of the Labour Law.
Section 8. Name of a Trade Union
The name of a trade union or an association of trade unions
shall contain the word 'trade union'.
Section 9. Registration of a Trade
Union
Information on a trade union, independent unit of a trade
union or association of trade unions shall be entered in the
Register of Associations and Foundations by indicating the scope
of activity (a trade union) and the legal form (a trade union,
independent unit of a trade union, association of trade
unions).
Section 10. Legal Status of a Trade
Union
(1) A trade union shall acquire the status of a legal person
from the moment when it is entered in the Register of
Associations and Foundations.
(2) A trade union may have territorial and other divisions in
accordance with the articles of association thereof.
(3) A trade union may establish independent units which have
the status of a legal person.
Section 11. Independent Unit of a
Trade Union
(1) An independent unit of a trade union shall acquire the
status of a legal person from the moment when it is entered in
the Register of Associations and Foundations.
(2) The articles of association of a trade union shall
prescribe the organisational structure and competence of an
independent unit of the trade union, the procedures for its
establishment, operation and decision-making. An independent unit
of a trade union shall operate within the scope of the competence
of the trade unions laid down in laws and regulations. The laws
and regulations which determine the reorganisation and
liquidation of the trade unions shall be applied to the
procedures by which an independent unit of a trade union shall be
reorganised and liquidated.
(3) An independent unit of a trade union may own property. An
independent unit of a trade union shall be directly liable for
its obligations. If an independent unit of a trade union lacks
property and financial resources to fulfil its obligations, the
trade union shall be liable for the obligations of its
independent unit.
(4) An independent unit of a trade union shall be entered in
the Register of Associations and Foundations, excluded from the
Register of Associations and Foundations and also entries in the
Register of Associations and Foundations shall be amended on the
basis of an application and a decision of the trade union. The
information referred to in Paragraph five, Clauses 1, 2, 3, 4, 5,
and 6 of this Section shall be indicated in the application for
the entry of an independent unit of a trade union in the Register
of Associations and Foundations.
(5) The following information on an independent unit of a
trade union shall be entered in the Register of Associations and
Foundations:
1) name of the trade union which established the independent
unit;
2) name of the independent unit of the trade union;
3) date when a decision on the establishment of the
independent unit of the trade union was taken;
4) legal address of the independent unit of the trade
union;
5) given name, surname, personal identity number (if there is
none, date of birth, number and date of issue of a personal
identification document, issuing country and authority) of the
person entitled to represent the independent unit of the trade
union, also indicating whether this person has the right to
represent the independent unit of the trade union individually or
jointly with another person;
6) validity period of the independent unit of the trade union
if the independent unit of the trade union has been established
for an indefinite term;
7) information on the prohibition against a public activity or
another activity, termination, continuation of the activity,
declaration or closure of insolvency proceedings, liquidation and
reorganisation of the independent unit of the trade union;
8) information on the appointment of a liquidator by
indicating his or her given name, surname, personal identity
number (if there is none, date of birth, number and date of issue
of a personal identification document, issuing country and
authority) and whether this person is entitled to represent the
independent unit of the trade union individually or jointly with
another person;
9) information on the appointment of an administrator in the
case of insolvency proceedings by indicating the given name,
surname, personal identity number (if there is none, date of
birth, number and date of issue of a personal identification
document, issuing country and authority) and certificate number
of the administrator;
10) date on which the entry was made;
11) other information if such information is directly provided
for by the Law.
(6) Information on the basis of which new entries are to be
made in the Register of Associations and Foundations on an
independent unit of a trade union and also documents specified in
the Law shall be submitted to the institution of the Register of
Associations and Foundations within a period of 14 days from the
date of taking the respective decision.
(7) A State fee shall be paid for the entry of an independent
unit of a trade union in the Register of Associations and
Foundations and further entries made therein in accordance with
the regulations that govern the amount, procedures for the
payment and relief of the State fee for making an entry in the
Register of Associations and Foundations.
Chapter II
Competence and Activity of the Trade Unions
Section 12. Rights of Trade Unions
and Exercising Thereof
(1) While representing and defending labour, economic, social
and professional interests of employees, trade unions have the
right to organise collective negotiations, to receive information
and to consult with employers, employers' organisations and their
associations, to conclude collective agreements (general
agreements), to declare strikes and also to exercise other rights
specified in laws and regulations.
(2) In accordance with the procedures laid down in laws and
regulations, trade unions have the right to participate in the
development of draft laws and regulations and policy planning
documents and to provide opinions on these drafts, if they affect
or could affect labour, economic, social and professional rights
and interests of employees.
(3) The trade unions have the right to request and receive
information which is needed for the fulfilment of their functions
and achievement of their objectives from the State and local
government institutions if no restrictions for the provision of
such information are set forth in laws and regulations.
(4) The trade unions shall, within the scope of their
competence and without special authorisation, represent and
defend the rights and interests of their members.
(5) The employment contract of the members of a trade union
who are not the authorised officials of the trade union shall be
terminated in accordance with the provisions specified in the
Labour Law.
Section 13. Authorised Officials of
a Trade Union
(1) A trade union shall be represented by an institution or
official authorised in the articles of association of the trade
union (hereinafter - the authorised official of a trade
union).
(2) A trade union shall inform the employer in writing about
the authorised officials of a trade union who have the right to
represent the trade union and the rights and interests of its
members.
(3) The rights and obligations of the authorised officials of
a trade union shall be specified in the laws that govern the
representation of employees and also a collective agreement or
another agreement of the employer and the trade union. The number
of authorised officials of a trade union subject to the
application of Paragraphs four and five of this Section may be
determined by concluding a collective agreement or another
agreement between the employer and the trade union.
(4) The authorised official of a trade union, who fulfils his
or her duties in the capacity of a representative concurrently
with the work agreed upon in the employment contract, has the
right to fulfil these duties and to participate in the training
organised by the trade union during the working time in
accordance with the provisions laid down in the collective
agreement or another agreement between the employer and the trade
union, but not exceeding half of the agreed working time.
(5) In the cases referred to in Paragraph four of this
Section, the work remuneration shall be retained to the
authorised official of a trade union while fulfilling the duties
of the representative or participating in the training organised
by the trade union, if the time salary has been agreed upon, or
average earnings, if the piecework salary has been agreed
upon.
(6) If the employer has the intention to give a written
reproof or issue a reprimand in writing to the authorised
official of a trade union who concurrently with the contracted
work fulfils also the duties of a representative for the
violation of specified working procedures or an employment
contract, it must consult promptly with the respective trade
union.
(7) Without the consent of the respective trade union, the
employer shall be prohibited from terminating the employment
contract of the authorised official of a trade union who fulfils
the duties of the representative , except in the cases prescribed
by law. The employment contract of the authorised official of a
trade union shall be terminated in accordance with the provisions
specified in the Labour Law.
(8) If in accordance with the collective agreement or another
agreement between the employer and the trade union the authorised
official of the trade union fulfils the duties of the
representative, but during the fulfilment of these duties does
not perform the work agreed upon in the employment contract, his
or her previous work shall be retained upon discontinuing the
fulfilment of the duties of the representative. If this is not
possible, the employer shall ensure similar or equivalent work
with not less advantageous circumstances and employment
provisions. If this is not possible, employment legal
relationships shall be terminated in accordance with the
regulations regarding the reduction in the number of
employees.
Section 14. Right of a Trade Union
to Perform Economic Activity
(1) A trade union has the right to perform economic activity
related to the maintenance or use of its property, and also other
economic activities in order to achieve its objective in the form
of complementary activities.
(2) The income of a trade union may be used only for the
achievement of the objective defined in the articles of
association. The profit earned from the economic activity of a
trade union cannot be shared between the members of a trade union
or an association of trade unions.
(3) The property of a trade union shall consist of the joining
and membership fees, the income of a trade union from economic
activity and also donations, gifts and other property.
Chapter III
Representation of the Trade Unions in a Social Dialogue and
Tripartite Co-operation Institutions, and also in Relations with
the State and Local Government Institutions
Section 15. Representation of the
Trade Unions in a Social Dialogue
The representation of the trade unions in a social dialogue
with employers, employers' organisations and their associations
shall be implemented on the basis of an agreement concluded by
the trade unions with employers, employers' organisations or
their associations.
Section 16. Representation of the
Trade Unions in Relations with the State and Local Government
Institutions
(1) The interests of the trade unions at the national level in
relations with the Cabinet shall be represented by an association
of trade unions which unites the largest number of employees in
the country.
(2) The interests of the trade unions in relations with the
State and local government institutions at the level of the
industry, profession or administrative territory shall be
represented by the trade union which is part of an association
that unites the largest number of employees in the country.
(3) If necessary, in the cases referred to in Paragraphs one
and two of this Section, the State and local government
institutions may co-operate with other trade unions and their
associations.
Section 17. Representation of the
Trade Unions in Tripartite Co-operation Institutions
(1) Representatives of the trade unions in the National
Tripartite Cooperation Council and sub-councils thereof shall be
nominated by the association of trade unions that unites the
largest number of employees in the country.
(2) Representatives of the trade unions in industry,
profession or territorial tripartite co-operation institutions
shall be nominated by a trade union or an association of trade
unions that unites the largest number of employees in the
respective industry, profession or administrative territory.
Chapter IV
Liability for the Violations of the Law
Section 18. Liability for the
Violations of the Law
For the violations of this Law, persons shall be held liable
as prescribed by law.
Transitional Provisions
1. With the coming into force of this Law, the law On Trade
Unions (Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1991, No. 3/4; Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 2003, No. 12; 2005, No. 14;
Latvijas Vēstnesis, 2012, No. 100) is repealed.
2. Within six months from the day of entry into force of this
Law, the Register of Enterprises of the Republic of Latvia shall
include in the Register of Associations and Foundations all
entries made in the Register of Trade Unions on the trade unions
which have not been excluded from the Register of Trade Unions
without changing the amount of information and without requesting
re-registration thereof.
3. Within five years from the day of entry into force of this
Law, the trade unions shall submit to the Register of Enterprises
of the Republic of Latvia the articles of association that
correspond to the requirements specified in this Law and other
laws and regulations and information on persons entitled to
represent the trade union.
4. The trade union, whose division has the status of a legal
person in accordance with the law On Trade Unions, shall register
the respective division in the Register of Associations and
Foundations as an independent unit of the trade union, shall
transform it into a division without the status of a legal person
or liquidate it. Such independent unit of the trade union shall
be registered in the Register of Associations and Foundations
until 31 December 2017, by submitting the application and
decision referred to in Section 11, Paragraph four of this Law
and appending thereto information on the taxpayer number, if
applicable, allocated to the division of the trade union by the
State Revenue Service.
5. The divisions of trade unions referred to in Paragraph 4 of
these Transitional Provisions to which the status of a legal
person has been determined in accordance with the law On Trade
Unions shall retain the status of a legal person until the moment
they are entered in the Register of Associations and Foundations
as independent units of trade unions, transformed into divisions
without the status of a legal person or liquidated, but not later
than until 31 December 2017.
The Law shall come into force on 1 November 2014.
The Law has been adopted by the Saeima on 6 March
2014.
President A. Bērziņš
Rīga, 25 March 2014
1 The Parliament of the Republic of
Latvia
Translation © 2018 Valsts valodas centrs (State
Language Centre)