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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

22 April 2004 [shall enter into force from 25 May 2004];
3 March 2005 [shall enter into force from 6 April 2005];
25 May 2006 [shall enter into force from 28 June 2006];
21 June 2007 [shall enter into force from 19 July 2007];
5 February 2009 [shall enter into force from 1 March 2009];
18 June 2009 [shall enter into force from 1 July 2009];
11 March 2010 [shall enter into force from 14 April 2010];
9 June 2011 [shall enter into force from 5 July 2011];
24 November 2011 [shall enter into force from 3 December 2011];
13 June 2013 [shall enter into force from 18 July 2013];
3 December 2015 [shall enter into force from 1 January 2016];
23 November 2016 [shall enter into force from 1 January 2017].

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
And the President has proclaimed the following law:

Support for Unemployed Persons and Persons Seeking Employment Law

Chapter I
General Provisions

Section 1. Purpose of the Law

The purpose of this Law is to provide support for unemployed persons, persons seeking employment, and persons subject to the risk of unemployment in order to facilitate their ability to compete in the labour market.

[21 June 2007]

Section 2. Scope of Application of the Law

(1) This Law determines the active employment measures and preventative measures for unemployment reduction intended for unemployed persons, persons seeking employment, and persons subject to the risk of unemployment, the competence of the State and local governments in the implementation of these measures, as well as the status, rights, and duties of an unemployed person and a person seeking employment.

(2) The following persons are entitled to receive the support specified in this Law for unemployed persons, persons seeking employment, and persons subject to the risk of unemployment:

1) a Latvian citizen or Latvian non-citizen, or a person who has a permanent residence permit in Latvia or the spouse of the abovementioned persons who has a temporary residence permit in Latvia;

2) a citizen of a European Union Member State, European Economic Area state or Swiss Confederation or a family member of the abovementioned persons who is residing lawfully in the Republic of Latvia;

3) a person who has a temporary residence permit in relation to granting of an alternative status in Latvia, or a family member of the abovementioned person who has a temporary residence permit in Latvia;

4) a person who has a permanent residence permit in relation to granting of refugee status in Latvia, or a family member of the abovementioned person who has a permanent residence permit in Latvia;

5) a person who has a European Union long-term resident residence permit in relation to granting of the European Union long-term resident status in Latvia, or the spouse of the abovementioned person who has a temporary residence permit in Latvia;

6) a person who has a temporary residence permit in relation to the granting of temporary protection status in Latvia;

7) a person who has a temporary residence permit in relation to the performance of scientific work in Latvia;

8) a person who has a temporary residence permit in relation to the granting of victim of traffic of human beings status in Latvia;

9) a person who is a holder of a European Union blue card, residing in Latvia during the term of validity of the card (hereinafter - the person who is a holder of the European Union blue card);

10) another person who is entitled to work for any employer in the Republic of Latvia and who has obtained a temporary residence permit in accordance with the laws and regulations regarding work permits for foreigners.

(3) The person who is a holder of the European Union blue card is entitled to receive the support specified in this Law for unemployed persons and persons seeking employment, including being involved in active employment measures and preventative measures for unemployment reduction, if the duration of such measures does not exceed the planned unemployment registration period.

(4) The persons referred to in Paragraph two, Clause 10 of this Section are entitled to obtain the status of an unemployed person or a person seeking employment and involve in the measures referred to in Section 3, Paragraph one, Clause 3 of this Law, including acquisition of the official language, except for the involvement in other non-formal educational programmes, as well as to exercise the rights specified for an unemployed person in Section 13, Clauses 1, 2, 4, and 5 of this Law and the rights specified for a person seeking employment in Section 16, Paragraph one, Clauses 2 and 3 of this Law.

[22 April 2004; 21 June 2007; 9 June 2011; 13 June 2013 / Paragraph two, Clause 10 and Paragraph four shall come into force on 25 December 2013. See Paragraph 19 of Transitional Provisions]

Section 2.1 Prohibition of Differential Treatment

(1) When implementing active employment measures and preventative measures for unemployment reduction, differential treatment due to the sex, race, and ethnic origin of a person is prohibited.

(2) Differential treatment of a person shall be permitted, if the ensuring of active employment measures and preventative measures for unemployment reduction by persons only or mainly belonging to one sex, a specific race or ethnic origin is objectively justified with a legal purpose for the achievement of which the selected means are commensurate.

(3) If in case of a dispute a person indicates circumstances which could be the grounds for the direct or indirect discrimination thereof due to sex, race, or ethnic origin, the person implementing active employment measures and preventative measures for unemployment reduction has a duty to prove that the prohibition of differential treatment has not been violated.

(4) Direct discrimination is the treatment towards a person which has been was or would be less favourable than towards another person in a comparable situation, due to the sex, race, or ethnic origin thereof. Indirect discrimination is an evidently neutral provision, criterion or practice which creates or could create an unfavourable outcome for a person due to the sex, race, or ethnic origin thereof, except for the case where such provision, criterion, or practice is objectively justified with a legal purpose for the achievement of which the selected means are commensurate.

(5) Discrimination shall also be considered to be the harassment against or intention to discriminate a person.

(6) Harassment is the subjection of a person due to the sex, race,or ethnic origin thereof to a conduct which is unwanted in the opinion of this person (including a conduct of a sexual nature), with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

(7) Discrimination due to the sex shall also be considered to be the less favourable attitude towards a woman during pregnancy or in the period following the birth up to one year, but if a woman is breastfeeding, throughout the period of breastfeeding.

(8) A person implementing active employment measures and preventative measures for unemployment reduction is prohibited from directly or indirectly causing unfavourable consequences to a person, if he or she is defending the rights thereof with the aim of preventing differential treatment in accordance with the procedures specified in this Section.

[11 March 2010]

Chapter II
Active Employment Measures and Preventative Measures for Unemployment Reduction

Section 3. Active Employment Measures

(1) Active employment measures shall be as follows:

1) occupational training, retraining and raising of qualifications;

2) paid temporary community work - measures for acquiring and maintaining job skills for unemployed persons, which create a benefit to society and which are implemented by local governments, societies or foundations without the aim of making a profit. An unemployed person shall receive remuneration for performing paid temporary community work;

3) measures for increasing the competitiveness, especially measures for the improvement of social and functional skills and psychological support measures, measures for basic skills and abilities necessary for the labour market, as well as the acquisition of employment seeking techniques, acquisition of non-formal education, including the acquisition of the official language, summer holiday employment measures for persons who are acquiring education in general, special or vocational educational institutions, as well as other measures that facilitate the competitiveness of unemployed persons and persons seeking employment in the labour market;

31) employment seeking support measures - the development of an individual employment seeking plan, the profiling of an unemployed person (classification for consecutive involvement in active employment measures), the determination of an appropriate work, the informing regarding employment seeking techniques, the inspection of performance of the employment seeking obligation, and other measures facilitating active employment seeking which motivate unemployed persons and persons seeking employment to seek employment more actively and to participate in the labour market;

4) measures for specified groups of persons, in particular for persons of age from 15 to 24 (inclusive) years; for persons with disabilities; for persons six months after the end of parental leave (period of child care); for persons for whom not more than five years remain until reaching the age necessary for the granting of the State old age pension; for persons who have been in the records of the State Employment Agency for more than one year (hereinafter - long-term unemployed); persons after serving a sentence in institutions of deprivation of liberty, for persons addicted to alcohol, narcotics, psychotropic or toxic substances; for persons who care for a family member; for persons who are without work for longer than one year; other unemployed persons in conformity with the local labour market situation, as well as other target groups specified in policy planning documents;

5) measures to facilitate start-up of commercial activities and self-employment;

6) work practice in the workplace, which provides an opportunity to determine vocational suitability;

7) training with an employer;

8) complex support measures;

9) other measures anticipated within the framework of the European Union Structural Funds.

(2) The purpose of active employment measures is to put into effect labour market policy in order to reduce unemployment and to facilitate an increase in the economic activity of inhabitants, in particular to:

1) motivate unemployed persons, persons seeking employment and economically inactive inhabitants to seek employment more actively;

2) promote the formation of a labour force that is trained and capable of adjusting to the conditions of the labour market;

3) promote an increase in the competitiveness of the individual;

4) promote the creation of equal opportunities for persons who wish to enter the labour market.

(3) During active employment measures the implementers of the measures shall provide safe and healthy training and training practice conditions for unemployed persons, persons seeking employment and persons subject to the risk of unemployment.

(4) The old-age pension granted before term shall not be disbursed for the period of time when an unemployed person is participating in paid temporary community work.

[22 April 2004; 3 March 2005; 25 May 2006; 21 June 2007; 11 March 2010; 24 November 2011; 13 June 2013 / Clause 3.1 of Paragraph one shall come into force on 1 November 2013. See Paragraph 18 of Transitional Provisions]

Section 31. Preventative Measures for Unemployment Reduction

(1) The following are preventative measures for unemployment reduction:

1) career consultations;

2) raising of the qualifications, retraining and further education of persons employed by merchants and self-employed persons;

3) facilitating the regional mobility of employed persons;

4) facilitating the acquisition of the official language;

5) training programmes for involving adults in lifelong learning;

6) training programmes for employed persons subject to the risk of unemployment;

7) other measures anticipated within the framework of the European Union Structural Funds.

(2) [13 June 2013]

(3) Career consultations shall be provided to persons in order to assist them to better ascertain their vocational direction, increase in depth the understanding of such persons regarding education and opportunities in the labour market and to ascertain the best appropriate vocational direction for the personality, value system, and goals of a specific person.

(4) Measures which are associated with raising of the qualifications, retraining, and further education of persons employed by merchants and self-employed persons shall be organised in order to maintain the ability of the abovementioned persons to be competitive in the labour market and to reduce the risk of unemployment setting in.

(5) Measures for facilitating the regional mobility of employed persons shall be organised in order to reduce the risk of setting in of unemployment which is related to the movement of employed persons between declared place of residence and the workplace.

(6) Training programmes for involving adults in lifelong learning shall be ensured for adults to be given the opportunity to supplement and improve the knowledge and skills required for the working life.

(7) Training programmes for employed persons subject to the risk of unemployment shall be ensured for such persons to be given the opportunity of improving their vocational abilities and skills and promote sustainable retention of a permanent workplace.

(8) During preventive measures for unemployment reduction the implementers of the measures shall provide safe and healthy training and training practice conditions for unemployed persons, persons seeking employment, and persons subject to the risk of unemployment.

[21 June 2007; 18 June 2009; 11 March 2010; 24 November 2011; 13 June 2013; 3 December 2015]

Section 4. Competence of the Cabinet

(1) [21 June 2007]

(2) The Cabinet shall determine the procedures for the organisation and financing of active employment measures and preventative measures for unemployment reduction, as well as the principles for the selection of the implementer of such measures.

(3) The Cabinet shall determine the amount of the allowance during the occupational training, retraining, and raising of the qualifications of an unemployed person, and during the period of acquisition of non-formal education, and the procedures by which an allowance shall be granted, compensated, and collected.

(4) The Cabinet shall determine the procedures for granting the status of an unemployed person and the status of a person seeking employment and the necessary documents for the granting of such status.

(5) The Cabinet shall determine the procedures by which workplaces shall be established for persons with disabilities.

(6) The Cabinet shall determine the licensing and supervision procedures of the merchants who provide work placement services, the procedures for the suspension and cancellation of the operation of licences, the duties and rights of licence recipients, as well as regarding the amount of State fee to be paid for receipt of a licence and the procedures for payment thereof.

(7) [24 November 2011]

(8) [24 November 2011]

(9) [24 November 2011]

(10) The Cabinet shall determine the conditions for receiving and spending financing from the European Globalisation Adjustment Fund for the implementation of active employment measures and preventative measures for unemployment reduction in accordance with Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006.

(11) The Cabinet shall determine the procedures for implementing paid temporary community work, as well as the amount to be disbursed and the procedures for disbursement to an unemployed person for performing paid temporary community work.

(12) The Cabinet shall determine the procedures and criteria for the determination of the appropriate work referred to in Section 12, Paragraph one, Clause 5 of this Law.

(13) The Cabinet shall determine the structure of the State information system referred to in Section 6, Paragraph eight of this Law, the data to be included therein, and the provisions and procedures for processing thereof.

[3 March 2005; 25 May 2006; 21 June 2007; 5 February 2009; 18 June 2009; 11 March 2010; 24 November 2011; 13 June 2013; 3 December 2015]

Section 5. Competence of Ministries

(1) The Ministry of Economics shall co-ordinate the labour market medium-term and long-term forecasting process in the State.

(2) The Ministry of Welfare shall develop State policy for the reduction of unemployment, participate in the development of employment policy and the improvement of the career development support system, as well as co-ordinate the development of proposals for active employment measures and the organisation, financing and implementation of preventative measures for unemployment reduction.

(3) The Ministry of Welfare in co-operation with the Ministry of Education and Science shall ensure the occupational training, retraining and raising of the qualifications of unemployed persons, the acquisition of non-formal education of unemployed persons and persons seeking employment, the retraining, raising of the qualifications and further education of persons employed by merchants and self-employed persons, training programmes for involving adults in lifelong learning, training programmes for employed persons subject to the risk of unemployment, as well as the organisation of career consultations.

(4) Ministries in conformity with their competence shall prepare proposals for the development of State policy in the field of employment promotion and unemployment reduction, as well as provide for the involvement of unemployed persons, persons seeking employment, persons employed by merchants and self-employed persons in State and foreign financed programme projects, including foreign technical assistance projects and European Union Structural Funds projects.

[21 June 2007; 18 June 2009]

Section 6. State Employment Agency

(1) The State policy in the field of unemployment reduction, and in the field of support for unemployed persons, persons seeking employment and persons subject to the risk of unemployment shall be implemented by the State Employment Agency. The State Employment Agency is a State administration institution under the supervision of the Minister for Welfare.

(2) The State Employment Agency shall:

1) in conformity with its competence prepare proposals for the development and implementation of State policy in the field of employment;

2) perform short-term forecasts of the labour market, including employer survey;

3) register and keep records of unemployed persons and persons seeking employment, as well as shall carry out profiling of unemployed persons;

4) assist unemployed persons and persons seeking employment, as well as economically inactive inhabitants to become involved in the labour market;

5) organise co-operation and mutual information exchange between the State Employment Agency and employers, as well as record vacant workplaces submitted by employers;

6) inform free of charge regarding vacant workplaces submitted by employers, as well as regarding unemployed persons and persons seeking employment rights and duties;

7) organise dialogue between unemployed persons, persons seeking employment and employers in order to reduce unemployment;

8) organise or implement active employment measures and preventative measures for unemployment reduction;

9) provide free of charge career consultations to unemployed persons, persons seeking employment and other persons, and in this way assisting them to orientate themselves in issues of occupational suitability, as well as retraining;

10) compile necessary information for career consultations, as well as information regarding educational opportunities;

11) develop new and improve existing career consultation methods, as well as provide assistance in the implementation thereof;

12) [9 June 2011];

13) license and supervise merchants who provide work placement services (except manning of a ship);

14) ensure the preparation and provision of information conforming to the requirements of legal acts of the European Union reflecting the situation of unemployment in the State;

15) co-operate with the State and local government institutions, non-government organisations, as well as natural persons and legal persons;

16) participate in the development and implementation of draft international co-operation agreements, as well as other co-operation projects in the field of unemployment reduction, promotion of employment, career consultation, as well as the movement of work force;

17) perform other tasks provided for in laws and regulations.

(3) The State Employment Agency has the right to request and receive free of charge information necessary for the implementation of its specified functions from the Central Statistical Bureau, Data State Inspectorate, Office of Citizenship and Migration Affairs, Register of Enterprises, State Revenue Service, local government city councils, and other State and local government institutions, as well as according to the procedures specified in laws and regulations from natural persons and legal persons.

(4) For ensuring the request and receipt of information, the institutions referred to in Paragraph three of this Section shall enter into co-operation contracts or interdepartmental agreements.

(5) The State Employment Agency shall be financed from the State basic budget, income from paid services, gifts and donations, as well as other funds in accordance laws and regulations.

(6) Administrative acts issued by the State Employment Agency and actual actions may be disputed in accordance with the procedures specified in laws and regulations to the director of the State Employment Agency, but the administrative acts issued by the director of the State Employment Agency may be appealed to a court.

(7) The State Employment Agency has the right to enter into civil legal contracts with the implementers of the measures referred to in Paragraph two, Clause 8 of this Law, if they have been selected in accordance with the procedures specified in the laws and regulations governing public procurements.

(8) In order to ensure support for unemployed persons and persons seeking employment, to provide qualitative services to employers, as well as to carry out other tasks specified for the State Employment Agency in laws and regulations, this Agency shall organise, manage, and maintain the State information system "Information System for Record-keeping of Unemployed Persons and Registered Vacancies".

(9) The State Employment Agency shall enter into a delegation agreement with the Latvian Association of the Deaf in order for the association to provide the services of a sign language interpreter for the acquisition of educational programmes and ensuring communication with other natural persons and legal persons, upon implementing the active employment measures referred to in Section 3, Paragraph one of this Law and the preventative measures for unemployment reduction referred to in Section 3.1 of this Law. Where necessary, the Latvian Association of the Deaf shall involve capital companies in which it is a shareholder (stockholder) in the performance of the delegated task. Upon implementing the delegated task, the Latvian Association of the Deaf shall be under functional supervision of the State Employment Agency.

[21 June 2007; 5 February 2009; 11 March 2010; 9 June 2011; 24 November 2011; 13 June 2013; 3 December 2015]

Section 7. Preventative Measures for Unemployment Reduction

[21 June 2007]

Section 8. Competence of Local Governments

(1) Local governments when performing the functions related to the promotion of commercial activities and unemployment reduction shall co-operate with the State Employment Agency.

(2) Local governments have a duty in the field of employment:

1) [24 November 2011];

2) to co-operate with the State Employment Agency in organising and implementing active employment measures and unemployment reduction preventative measures;

3) to provide to the State Employment Agency information regarding those measures promoting employment by 1 April of each year which local governments have implemented in the previous year and the supplementary active employment measures and preventative measures for unemployment reduction planned for the current year by the organisers of the State Employment Agency or implementers, indicating the number of participants and composition, as well as providing other information necessary for fulfilling the tasks of the State Employment Agency;

4) to make provisions for the involvement of unemployed persons, persons seeking employment, persons employed by merchants and self-employed persons in State and foreign financed programme projects, including foreign technical assistance projects and European Union Structural Funds projects.

(3) [21 June 2007]

[22 April 2004; 3 March 2005; 21 June 2007; 24 November 2011]

Section 81. Obligation to Publish Information on the Vacancy Portal of the State Employment Agency

State and local government authorities, as well as capital companies in which the share of the equity capital of the State or local government individually or in total exceeds 50 per cent, the information regarding open competitions to vacant workplaces shall be published on the vacancy portal of the State Employment Agency by providing:

1) the name (firm name) and registration number of the employer;

2) the name of the profession or position of the vacant workplace, the requirements brought forward for the candidate, the estimated duration of service or work relations, the address of the workplace, the time period for applying for the announced competition (which may not be shorter than 10 days and longer than 20 days, counting from the day of announcing the competition), the place and type for submitting the application.

[3 December 2015]

Section 9. Financing of Active Employment Measures, Preventative Measures for Unemployment Reduction and Projects

(1) For the financing of active employment measures, preventative measures for unemployment reduction, and the projects referred to in Section 5, Paragraph four and Section 8, Paragraph two, Clause 4 of this Law, the resources of the project implementing body or the recipient of the assistance are also to be utilised in addition to the resources assigned by the State or local governments, or foreign states, or international organisations.

(2) Active employment measures and preventative measures for unemployment reduction, as well as the allowance during occupational training, retraining and raising of the qualifications and during the acquisition of non-formal education of an unemployed person shall be paid from the State basic budget and the special employment budget.

(3) [11 March 2010]

[22 April 2004; 3 March 2005; 25 May 2006; 21 June 2007; 5 February 2009; 11 March 2010]

Chapter III
Unemployed Person Status

Section 10. Acquisition of Unemployed Person Status

(1) A person referred to in Section 2, Paragraph two of this Law has the right to unemployed person status after registration with the State Employment Agency and:

1) [21 June 2007];

2) who is not working (is not deemed to be an employee or self-employed persons in accordance with the law On Social Insurance);

3) who is seeking employment;

4) who is capable of work and is ready to enter into employment relationships without delay;

5) who has attained 15 years of age;

6) who has not attained the age that entitles one to receive the State old-age pension, or who has not been granted the State old-age pension (including before term);

7) who has not been accepted for enrolment in a full-time elementary or secondary education programme;

8) who does not perform commercial activities or for whom commercial activities have been suspended in accordance with laws and regulations;

9) who is not at a place of imprisonment, except for serving the deprivation of liberty sentence in an open prison or a long-term social care or social rehabilitation institution in which the services are completely financed from the State or local government budget.

(2) Within the meaning of this Law, a person with a determined disability shall also be considered to be able to work, except for the cases where a loss of ability to work of 100 per cent has been determined for him or her.

(3) [24 November 2011]

(4) An application for granting the status of an unemployed person shall be submitted to the State Employment Agency. If the application is submitted, using the online form created for this purpose on the State and local government portal www.latvija.lv, the submitting person shall be identified by using the authentication means available on the portal.

[22 April 2004; 3 March 2005; 25 May 2006; 21 June 2007; 24 November 2011; 13 June 2013; 3 December 2015]

Section 11. Taking of a Decision to Grant the Status of an Unemployed Person

The State Employment Agency shall take a decision to grant the status of an unemployed person within one working day if a person complies with all the criteria specified in Section 10, Paragraph one of this Law and has presented the documents specified in laws and regulations.

Section 12. Loss of the Status of an Unemployed Person and Re-acquisition Thereof

(1) The basis for the loss of the status of an unemployed person shall be:

1) acquisition of the status of an employee or self-employed person in accordance with the law On State Social Insurance, except for the acquisition of this status for the time period of up to two months if it is notified to the State Employment Agency, as well as except for the involvement in active employment measures;

2) the age the attainment of which entitles one to receive the State old-age pension or be granted the State old-age pension (including before term);

3) being at a place of imprisonment (except for an open prison) or a long-term social care or social rehabilitation institution in which the services are completely financed from the State or local government budget;

4) being accepted for enrolment in a full-time elementary or secondary education programme;

5) refusal of an appropriate offer of employment twice;

6) failure to fulfil the duties of an unemployed person without a justified reason;

7) provision of false information in order to acquire and retain unemployed person status;

8) moving for permanent residence outside the European Union if not specified otherwise in international agreements binding upon Latvia;

9) [25 May 2006];

10) the loss of work ability of 100 per cent;

11) renewal of employment by a court judgment or an amicable settlement with an employer approved by the court;

12) death of the unemployed person;

13) waiver of the status of an unemployed person by submitting a relevant notification to the State Employment Agency;

14) non-compliance of the person with the criteria referred to in Section 2, Paragraph two of this Law.

(11) A person who is a holder of the EU blue card shall lose the status of an unemployed person also in the case; where:

1) three continuous months have elapsed since they lost the status of employee;

2) they have lost the status of an employee more than once.

(12) The exception specified in Paragraph one, Clause 1 of this Section on acquisition of the status of an employee for the time period of up to two months shall not apply to the cases when it is detected that the person as an employee, regardless of the duration of employment legal relations, is employed without registration in accordance with laws and regulations in the field of taxes.

(2) [13 June 2013]

(3) The State Employment Agency shall take a decision on the loss of the status of an unemployed person within one working day after determination of the conditions for the loss of the status of an unemployed person referred to in Paragraph one of this Section. In such case the person shall lose the status of an unemployed person on the day when the relevant condition for the loss of the status of an unemployed person sets in.

(31) If the basis for the loss of the status of an unemployed person is granting the State old-age pension (including before term) for an expired period, the status of an unemployed person shall be lost on the day when the decision to grant the State old-age pension has been issued.

(4) A person who has lost the status of an unemployed person due to the reasons referred to in Paragraph one, Clause 5, 6, 7, or 13 of this Section has the right to re-acquire the status of an unemployed person not earlier than three months from the day when the decision on the loss of the status of an unemployed person was taken.

(5) A person who has lost the status of unemployed person due to the reasons referred to in Paragraph one, Clause 1, 2, 3, or 11 of this Section has the right to complete the training programmes commenced during the active employment measures referred to in Section 3, Paragraph one, Clauses 1 and 3 of this Law.

[22 April 2004; 3 March 2005; 25 May 2006; 21 June 2007; 18 June 2009; 11 March 2010; 9 June 2011; 24 November 2011; 13 June 2013; 3 December 2015; 23 November 2016]

Chapter IV
Rights and Obligations of an Unemployed Person

Section 13. Rights of an Unemployed Person

(1) An unemployed person has the right to:

1) participate in the active employment measures provided for in the individual employment seeking plan, taking into account the results of profiling, as well as to receive other services of the State Employment Agency;

2) receive unemployment insurance services in accordance with the law On Insurance in Case of Unemployment;

3) receive an allowance during occupational training, retraining, or raising of the qualifications and during the acquisition of non-formal education;

4) receive information regarding vacant workplaces and qualification requirements and other requirements related thereto;

5) receive career consultations;

6) [22 April 2004];

7) [21 June 2007].

(2) An unemployed person who is serving his or her deprivation of liberty sentence in an open prison is entitled to receive the services referred to in Paragraph one, Clauses 4 and 5 of this Section and participate in the measures referred to in Section 3, Paragraph one, Clauses 2, 3, and 3.1 of this Law.

[22 April 2004; 25 May 2006; 21 June 2007; 5 February 2009; 13 June 2013; 3 December 2015]

Section 14. Duties of an Unemployed Person

(1) An unemployed person has a duty to:

1) actively seek employment independently and with the assistance of the State Employment Agency and after acquisition of the status of an unemployed person provide, without delay, proposals to the State Employment Agency for the development of an individual employment seeking plan;

2) on the day specified in the individual employment seeking plan attend the State Employment Agency and present the documents specified in laws and regulations;

3) attend the State Employment Agency within three days from the day of receipt of an invitation;

4) participate in measures provided for in the individual employment seeking plan;

5) notify the State Employment Agency:

a) within one working day - if the person no longer complies with the conditions for acquiring the status of an unemployed person referred to in Section 10, Paragraph one, Clauses 2, 4, 6, 7, 8, and 9 of this Law,

b) within one working day - if the status of an employee has been acquired for the time period of up to two months in accordance with the law On State Social Insurance,

c) [21 June 2007],

d) within three weeks from the beginning of a temporary work disability - for the period of temporary work disability if such exceeds 10 days.

(2) Active seeking of employment within the meaning of this Law is active purposeful activities of a person with a view to find paid employment - participation in competitions for vacant workplaces, participation in employment seeking support measures, and other activities the purpose of which is to find employment.

(3) Non-appearance in the State Employment Agency in the cases referred to in Paragraph one, Clauses 1, 2, 3, and 4 of this Section shall be considered justified if:

1) the unemployed person has a temporary work disability;

2) the unemployed person is taking care of a sick child;

3) on the basis of a summons, the unemployed person appears in an investigatory institution, Office of the Prosecutor, a court, or is participating in a sitting of a court as a lay judge;

4) the reason is the death of the first degree relative or the spouse and if the day of the visit to the State Employment Agency has been determined earlier than the seventh day after the day of death of such a relative or spouse;

5) attendance is impossible due to participation in the active employment measures or the implementation of other measures provided for in the individual employment seeking plan;

6) other objective conditions exist which are not dependent on the will of the unemployed person.

(4) The unemployed person must appear at the State Employment Agency on the first working day after termination of the justifiable reasons referred to in Paragraph three of this Section presenting a document confirming the justifiable reasons.

(5) [21 June 2007]

[22 April 2004; 3 March 2005; 25 May 2006; 21 June 2007; 11 March 2010; 24 November 2011; 13 June 2013; 23 November 2016]

Chapter V
Person Seeking Employment

Section 15. Status of a Person Seeking Employment

(1) The person referred to in Section 2, Paragraph two of this Law has the right to the status of a person seeking employment after registration with the State Employment Agency and:

1) who is not working (is not deemed to be an employee or self-employed persons in accordance with the law On State Social Insurance);

2) who is seeking employment;

3) who is capable of work and is ready to enter into employment relationships without delay;

4) who has attained 15 years of age;

5) who does not perform commercial activities or for whom commercial activities have been suspended in accordance with laws and regulations;

6) who has not been accepted for a full-time elementary education programme.

(11) A person shall submit an application for granting the status of a person seeking employment to the State Employment Agency. If the application is submitted, using the online form created for this purpose on the State and local government portal www.latvija.lv, the submitting person shall be identified by using authentication means available on the portal.

(2) A decision to grant the status of a person seeking employment if a person complies with all the criteria specified in Paragraph one of this Section and has presented the documents specified in laws and regulations shall be taken by the State Employment Agency within one working day.

(3) The basis for the loss of the status of a person seeking employment shall be:

1) acquisition of the status of an unemployed person;

2) acquisition of the status of an employee or self-employed person in accordance with the law On State Social Insurance, except for the acquisition of this status for the time period of up to two months if it is notified to the State Employment Agency;

3) failure to fulfil the duties of a person seeking employment without a justified reason;

4) provision of false information in order to acquire and retain the status of a person seeking employment;

5) moving for permanent residence outside the European Union if not specified otherwise in international agreements binding upon Latvia;

6) the loss of work ability of 100 per cent;

7) renewal of employment through a court judgment;

8) waiver of the status of a person seeking employment by submitting a relevant notification to the State Employment Agency;

9) death of the person seeking employment;

10) who has been accepted for a full-time elementary education programme;

11) person's non-compliance with the criteria referred to in Section 2, Paragraph two of this Law.

(31) A person who is a holder of the EU blue card shall lose the status of a person seeking employment also in the case; where:

1) three continuous months have elapsed since they lost the status of employee;

2) they have lost the status of an employee more than once.

(32) The exception specified in Paragraph three, Clause 2 of this Section on acquisition of the status of an employee for the time period of up to two months shall not apply to the cases when it is detected that the person as an employee, regardless of the duration of employment legal relations, is employed without registration in accordance with laws and regulations in the field of taxes.

(4) The State Employment Agency shall take a decision on the loss of the status of a person seeking employment within one working day after determination of the conditions for the loss of the status of a person seeking employment referred to in Paragraph three of this Section. In such case the person shall lose the status of a person seeking employment on the day when the relevant condition for the loss of the status of a person seeking employment sets in.

(5) A person who has lost the status of a person seeking employment due to the reasons referred to in Paragraph three, Clauses 3, 4, and 8 of this Section has the right to re-acquire the status of a person seeking employment not earlier than three months from the day when the decision on the loss of the status of a person seeking employment was taken.

(6) [24 November 2011]

(7) A person who has lost the status of a person seeking employment due to the reasons referred to in Paragraph three, Clauses 1, 2, and 7 of this Section has the right to complete the training programmes commenced during the active employment measures referred to in Section 3, Paragraph one, Clause 3 of this Law.

[21 June 2007; 18 June 2009; 9 June 2011; 24 November 2011; 13 June 2013; 3 December 2015; 23 November 2016]

Section 16. Rights and Duties of a Person Seeking Employment

(1) A persons seeking employment has the right to:

1) participate in measures for the increase of competitiveness and employment seeking support measures;

2) receive information regarding vacant workplaces and qualification requirements and other requirements related thereto;

3) receive career consultations.

(2) The rights specified in Paragraph one of this Section and the right to become involved in the preventative unemployment reduction measures referred to in Section 3.1, Paragraph one, Clauses 1, 2, 3, and 4 of this Law are also for a person who is capable of work and a person subject to the risk of unemployment who complies with the requirements of Section 2, Paragraph two and Section 15, Paragraph one, Clauses 4 and 5 of this Law and at least one of the following prerequisites:

1) who has been given a notice of termination of the contract of employment on the basis of circumstances which are related to the performance of urgent economic, organisational, technological measures or measures of similar nature;

2) who is a person employed by a merchant or a self-employed person and for whom raising of the qualifications, retraining, and further education are necessary in order to maintain his or her capacity to compete in the labour market and to reduce the risk of unemployment setting in;

3) who is an employed person and for whom measures for the facilitation of regional mobility are necessary in order to reduce the risk of unemployment setting in which is related to the movement of the person between his or her declared place of residence and the workplace.

(21) A person able to work who is subject to the risk of unemployment, who complies with the requirements of Section 2, Paragraph two of this Law, has attained 25 years of age and is in employment legal relationships (except for persons having the status of a State civil servant) has the rights specified in Paragraph one of this Section and the rights to be involved in the preventative measures for unemployment reduction referred to in Section 3.1, Paragraph one, Clause 5 of this Law.

(22) A person able to work who is subject to the risk of unemployment, who complies with the requirements of Section 2, Paragraph two of this Law, has reached attained 15 years of age, who has not attained the age that entitles one to receive the State old-age pension, or who has not been granted the State old-age pension (including before term), and who is working in a permanent workplace at part-time hours within the scope of employment legal relationships (the working hours specified are shorter than the normal daily or weekly working hours specified in the Labour Law) in connection with the reduction of workload due to the economic crisis or globalisation factors, has the rights specified in Paragraph one of this Section and the rights to be involved in the preventative measures for unemployment reduction referred to in Section 3.1, Paragraph one, Clause 6 of this Law.

(23) A person who has commenced participating in the preventative measures for unemployment reduction referred to in Section 3.1, Paragraph one, Clauses 5 and 6 of this Law has the right to complete the training programmes commenced during the measures, even after termination of employment legal relationships.

(3) The rights specified in Paragraph one, Clauses 2 and 3 of this Section are also for persons who have attained 13 years of age and who comply with the requirements of Section 2, Paragraph two and Section 15, Paragraph one, Clauses 1, 2, and 5 of this Law, and who are acquiring education in general, special or vocational educational institutions. The abovementioned persons may be involved in the employment measures referred to in Section 3, Paragraph one, Clause 3 of this Law during the summer holidays.

(4) A persons seeking employment has a duty to:

1) independently and with the assistance of the State Employment Agency to actively seek employment;

2) in a time period specified by the State Employment Agency, but not later than after three months from the day when he or she has previously attended the State Employment Agency, attend the State Employment Agency and to present the documents specified in laws and regulations;

3) within one working day, notify the State Employment Agency of the fact that he or she no longer complies with the conditions for the acquisition of the status of a person seeking employment referred to in Section 15, Paragraph one, Clauses 1, 3, 5, and 6 of this Law;

4) participate in measures for the increase of competitiveness regarding the participation in which a written agreement has been entered into with the State Employment Agency, as well as in the employment seeking support measures.

(5) Non-appearance in the State Employment Agency in the cases referred to in Paragraph one, Clauses 1, 2 and 4 of this Section shall be considered justified if:

1) the unemployed person has suffered a temporary work disability;

2) the unemployed person is taking care of a sick child;

3) on the basis of a summons, the unemployed person appears in an investigatory institution, Office of the Prosecutor, a court, or is participating in a sitting of a court as a lay judge;

4) the reason is the death of the first degree relative or the spouse and if the day of the visit to the State Employment Agency has been determined earlier than the seventh day after the day of death of such a relative or spouse;

5) other objective conditions exist which do not depend on the will of the unemployed person.

(6) The person seeking employment has an obligation to appear at the State Employment Agency on the first working day after termination of the justifiable reasons referred to in Paragraph five of this Section, presenting a document confirming the justifiable reason.

[3 March 2005; 21 June 2007; 18 June 2009; 24 November 2011; 13 June 2013; 3 December 2015; 23 November 2016]

Chapter VI
Restrictions on the Provision of Work Placement Services

[3 March 2005]

Section 17. Restrictions on the Provision of Work Placement Services

(1) Work placement services are:

1) mediation services in work placement:

a) services within the scope of which the work placement service provider ensures for the person establishment of employment legal relationships or civil service relations, as well as work for remuneration in international youth cultural, educational, employment and exchange of experience programmes (international au pair exchange programmes, educational and employment programmes, employment and travel and holiday employment programmes and other programmes),

b) work-finding services, understanding by this consultation with respect to work placement issues, informing regarding free work places and other equivalent services, which are provided for in order to offer or relieve a person in founding employment legal relationships,

c) services to employers in the recruitment of potential employees, except for services, which are associated with the placement of employment advertisements and advertising save as the purpose of such advertising is not the provision of work placement services;

2) services regarding securing a workforce within the scope of which the work placement service provider as an employer sends employees for a specified time period to a person for whose benefit and under whose management work shall be performed.

(2) The provision of work placement services (except manning of a ship) shall be permitted to merchants whom the State Employment Agency has issued a relevant licence.

(3) Merchants who have received a special authorisation (licence) from the Latvian Maritime Administration shall be permitted to engage in manning of a ship.

(4) If a merchant registered in another Member State of the European Union has the right to provide work placement services in accordance with the laws and regulations of the relevant state, the referred to merchant, prior to commencing the provision of such services in Latvia, has a duty to inform in writing the State Employment Agency of this, indicating the date of provision of the service, the place where it shall take place and the duration of the planned service, and submit a copy of the document issued by such competent authority of the relevant Member State which certifies that the merchant is entitled to provide work placement services in the relevant Member State.

(5) An administrative act regarding the issuing of a licence, as well as regarding the suspension of the operation of a licence or the cancellation of a licence, shall be issued by the State Employment Agency.

(6) A dispute or appeal of an administrative act regarding the issuing of a licence, as well as regarding the suspension of the operation of a licence or the cancellation of a licence shall not suspend the operation thereof.

(7) Within the scope of labour provision services the contract entered into by the provider of the labour provision services and the recipient of the labour provision services, which prohibit or restrict the right of the provider of the labour provision services to establish employment legal relationships with the designated employee, directly with the recipient of the labour provision services, shall not be in effect.

(8) The provider of labour provision services and the recipient of the labour provision services may reach agreement regarding a reasonable compensation to the labour provision services provider for costs, which have arisen through placement, recruitment and training of the employee, if the employee of the labour provision provider establishes employment legal relationships with the relevant recipient of the labour provision services.

(9) A provider of work placement services shall not have the right to specify a payment for work placement services from a person seeking employment or an employee.

[21 June 2007; 5 February 2009; 11 March 2010; 24 November 2011]

Transitional Provisions

1. Until establishment of the State Employment Agency its functions shall be performed by the non-profit-making organisation State stock company "Nodarbinātības valsts dienests" [State Employment Service] which is overseen by the Ministry of Welfare.

2. Until establishment of the State Career Choice Agency its functions shall be performed by the State non-profit-making organisation "Profesionālās karjeras izvēles valsts centrs" [Occupational Career Choice Centre] which is overseen by the Ministry of Welfare.

3. With the coming into force of this Law, the law On Employment (Latvijas Republikas Augstākās Padomes un Mnistru Padomes Ziņotājs, 1992, No. 4/5; 1993, No. 20/21; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No. 2; 1995, No. 13; 1997, No. 13, 22; 1998, No. 19), is repealed.

4. The Cabinet shall issue the regulations referred to in Section 4, Paragraph four of this Law in the wording of 9 May 2002 by 30 September 2002.

[21 June 2007]

5. Until the day of coming into force of new Cabinet regulations, but not longer than by 30 September 2002, Cabinet Regulation No. 407 of 22 October 1996, Regulation On Unemployed Person Status shall be applied, insofar as it is not in contradiction with this Law.

6. Up to the day of the coming into force of new Cabinet regulations, but not longer than up to 30 June 2005, Cabinet Regulation No. 26 of 20 January 2003, Procedures for Licensing and Supervision of Legal Persons for the Provision of Work Placement Services for a Charge shall be applicable insofar as it is not in contradiction with this Law.

[3 March 2005]

7. The amendments of 25 May 2006 to Section 4, Paragraph three, Section 9, Paragraph two, and Section 13, Clause 3 of this Law relating to the allowance during the acquisition of non-formal education shall come into force on 1 July 2006.

[25 May 2006; 5 February 2009]

8. Amendments to Section 7, Paragraph four of this Law regarding the financing from the State basic budget of the State Occupational Career Choice Agency and Section 9, Paragraph three regarding financing from the State basic budget of preventative measures for unemployment reduction of this Law shall come into force on 1 January 2007.

[25 May 2006]

9. Until reorganisation of the State Occupational Career Choice Agency and merger with the State Employment Agency, the preventative measures for unemployment reduction specified in Section 6, Paragraph two, Clauses 8, 9, 10, and 11 of this Law, except for the measures referred to in Section 3.1, Paragraph one, Clauses 2, 3, and 4, Paragraphs four and five of this Law, the organisational and implementation functions shall be performed by the State Occupational Career Choice Agency which is a State administration institution under the supervision of the Minister for Welfare.

[21 June 2007]

10. Section 4, Paragraphs seven and eight of this Law shall come into force on 1 January 2008.

[21 June 2007]

11. The Cabinet shall by 1 January 2008 issue the regulations referred to in Section 4, Paragraph four of this Law.

[21 June 2007]

12. Until the day of coming into force of new Cabinet regulations, but not longer than by 1 January 2008, Cabinet Regulation No. 24 of 20 January 2003, Procedures for Granting Unemployment Status shall be applied, insofar as it is not in contradiction with this Law.

[21 June 2007]

13. Amendments to Section 6, Paragraph three of this Law in respect of the deletion of the word "(parish councils)" shall come into force on 1 July 2009.

[5 February 2009]

14. Amendments to Section 6, Paragraph two, Clause 13 and Section 17, Paragraphs two and three of this Law in respect to manning of a ship shall come into force on 1 July 2010.

[11 March 2010]

15. The Cabinet shall issue the Regulation referred to in Section 4, Paragraph ten of this Law until 1 May 2010.

[11 March 2010]

16. Amendments to Section 3, Paragraph one, Clause 2 of this Law in relation to paid temporary community work shall come into force on 1 January 2012.

[24 November 2011]

17. Amendments to Section 10, Paragraph one, Clause 6 and Section 16, Paragraph 2.2 of this Law in relation to the words "who has not attained the age that entitles one to receive the State old-age pension, or who has not been granted the State old-age pension (including before term)", and amendments to Section 12, Paragraph one, Clause 2 of this Law in relation to the words "the age the attainment of which entitles one to receive the State old-age pension, or be granted the State old-age pension (including before term)" shall come into force on 1 January 2012.

[24 November 2011]

18. Section 3, Paragraph one, Clause 3.1, Section 4, Paragraph twelve, amendments to Section 14, Paragraph two, Section 16, Paragraph one, Clause 1 and Paragraph four, Clause 4 of this Law in respect of the obligation of an unemployed person and a person seeking employment to participate in the employment seeking support measures shall come into force on 1 November 2013.

[13 June 2013]

19. Section 2, Paragraph two, Clause 10 and Paragraph four of this Law shall come into force on 25 December 2013.

[13 June 2013]

20. The Cabinet shall, until 31 March 2016, issue the regulations referred to in Section 4, Paragraph ten of this Law on the conditions for receiving and spending financing from the European Globalisation Adjustment Fund for the implementation of active employment measures and preventative measures for unemployment reduction in accordance with Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006. Until the day of coming into force of new Cabinet regulations, however, not longer than by 31 March 2016, Cabinet Regulation No. 762 of 10 August 2010, Conditions for Receiving and Spending financing from European Globalisation Adjustment Fund for the Implementation of Active Employment Measures and Preventative Measures for Unemployment Reduction, shall be applied, insofar as they are not in contradiction with this Law.

[3 December 2015]

21. The Cabinet shall issue the regulations referred to in Section 4, Paragraph thirteen of this Law until 30 June 2016.

[3 December 2015]

Informative Reference to European Union Directives

[21 June 2007; 11 March 2010; 9 June 2011; 24 November 2011; 13 June 2013]

This Law contains legal norms arising from:

1) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof;

2) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents;

3) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC;

4) Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

5) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research;

6) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin;

7) Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions;

8) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation;

9) Council Directive No 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;

10) Directive No 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work;

11) Directive No 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

This Law comes into force on 1 July 2002.

This Law has been adopted by the Saeima on 9 May 2002.

President V. Vīķe-Freiberga

Rīga, 29 May 2002


1 The Parliament of the Republic of Latvia

Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
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Issuer: Saeima Type: law Adoption: 09.05.2002.Entry into force: 01.07.2002.Theme:  Labour rights; Social protectionPublication: Latvijas Vēstnesis, 80, 29.05.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 12, 27.06.2002.
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