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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 03.12.2011.–17.07.2013.
Amendments not included: 13.06.2013., 03.12.2015., 23.11.2016.

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].

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:

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 this 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 person seeking employment.

(2) The following persons have the right 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 referred to person who has a temporary residence permit in Latvia;

2) a citizen of the Member States of the European Union or a state of the European Economic Zone, or the Swiss Confederation, or a family member of the referred to person who have a European Union citizen family member residence permit or European Union citizen family member permanent residence permit in Latvia;

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

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

5) a person who has a European Community long-term resident residence permit in relation to the granting of European Community long-term resident status in Latvia, or the spouse of the referred to 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 validity term of the card (hereinafter - person, who is a holder of a European Union blue card).

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

[22 April 2004; 21 June 2007; 9 June 2011]

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 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 or intention to discriminate against 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 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 public works - 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 public works;

3) measures to increase 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 work finding techniques, acquisition of non-formal education, including the acquisition of the official language and the selection of further education, summer holiday employment measures for persons who are acquiring an 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;

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; and

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; and

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.

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

Section 3.1 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;

3) facilitating the regional mobility of persons employed by merchants;

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; and

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

(2) Career consultations include assistance with the planning of careers, determination of vocational suitability, as well as the acquisition of employment seeking and preservation skills.

(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. Both individual career consultations, which include also the provision of services in electronic form and group career consultations, shall be implemented.

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

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

(6) Training programmes for involving adults in lifelong learning shall be ensured in order that adults are 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 in order that such persons are 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]

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 procedure 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 (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund.

(11) The Cabinet shall prescribe the procedures for implementing paid temporary public works, as well as the amount to be paid and the procedures for payment to an unemployed person for performing paid temporary public works.

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

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, 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 in State and foreign financed programme projects, including foreign technical assistance projects and European Union Structural Funds projects.

[22 April 2004; 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 record unemployed persons and persons seeking employment;

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 European Union regulatory enactments 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; and

17) perform other tasks provided for in regulatory enactments.

(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 regulatory enactments 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 with regulatory enactments.

(6) Administrative acts issued by the State Employment Agency and actual actions may be disputed according to the procedures specified in regulatory enactments 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 prescribed by the regulatory enactments regulating public procurements.

[22 April 2004; 3 March 2005; 21 June 2007; 5 February 2009; 11 March 2010; 24 November 2011]

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; and

4) to make provisions for the involvement of unemployed persons, persons seeking employment, persons employed by merchants and self-employed 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 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]

Part 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 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 reached the age of 15 years;

6) who has not reached the age that entitles one to receive the State old age pension, or who has not been granted the State old age pension (including preterm);

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 regulatory enactments; and

9) who is not completely State supported.

(2) Within the meaning of this Law, a person with a disability shall also be considered to be able to work except in cases where the State Medical Commission for the Assessment of Health Condition and Working Ability has determined a loss of ability to work of 100 per cent.

(3) [24 November 2011].

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

Section 11. Taking Decisions on Granting Unemployed Person Status

The State Employment Agency shall take a decision on granting unemployed person status within a time period of one working day if a person conforms with all the criteria specified in Section 10, Paragraph one of this Law and has presented the documents specified in regulatory enactments.

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

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

1) the acquisition of status of the employee or self-employed person for an indefinite period of time or for a time period longer than two months in accordance with the Law On State Social Insurance, except engaging in the active employment measures;

2) the age, the reaching of which entitles one to receive the State old age pension, or be granted the State old age pension (including preterm);

3) coming under complete State support;

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 2005];

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

11) renewal of employment through a court judgment;

12) death of the unemployed person; or

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

(11) A person, who is a holder of a 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 employee more than once.

(2) Appropriate employment within the meaning of this Law is an employment, which conforms to:

1) the occupational preparedness of the unemployed person and his or her previous occupational activities, as well as the official language fluency level;

2) the state of health of the unemployed person;

3) accessibility of the offered workplace (a place the travelling to of which by means of public transport from the declared place of residence of the unemployed person shall take not more than one hour in one direction); and

4) [24 November 2011].

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

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

Chapter IV
Rights and Duties of an Unemployed Person

Section 13. Rights of an Unemployed Person

An unemployed person has the right to:

1) participate in the active employment measures provided for in the individual employment seeking plan, as well as 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; and

5) receive career consultations;

6) [22 April 2004];

7) [21 June 2007].

[22 April 2004; 25 May 2006; 21 June 2007; 5 February 2009]

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 the acquisition of unemployed person status 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 regulatory enactments;

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 three working days - if the person no longer conforms to the unemployed person status acquisition conditions referred to in Section 10, Paragraph one, Clauses 2, 4, 6, 7, 8 and 9 of this Law,

b) within three working days - if employee status has been acquired for a period up to two months in accordance with the Law On State Social Insurance, and

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 the active purposeful activities of a person with an intention to find paid employment - participation in competitions for vacant workplaces, 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; and

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 the 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]

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 person seeking employment status after registration with the State Employment Agency and:

1) who is not working (is not deemed to be an employee or self-employed in accordance with the Law On 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 reached the age of 15 years; and

5) who does not perform commercial activities or for whom commercial activities have been suspended in accordance with regulatory enactments;

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

(2) A decision regarding the granting of person seeking employment status if a person conforms to all the criteria specified in Paragraph one of this Section and has presented the documents specified in regulatory enactments, shall be taken by the State Employment Agency within a period of one working day.

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

1) the acquisition of unemployed person status;

2) the acquisition of status of the employee or self-employed person for an indefinite period of time or for a time period longer than two months in accordance with the Law On State Social Insurance;

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 person seeking employment status;

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 person seeking employment status by submitting a relevant notification to the State Employment Agency;

9) death of the person seeking employment; and

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

(31) A person, who is a holder of a 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 employee more than once.

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

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

(6) [24 November 2011]

(7) A person who has lost the status of 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.

[22 April 2004; 3 March 2005; 21 June 2007; 18 June 2009; 9 June 2011; 24 November 2011]

Section 16. Rights and Duties of a Person Seeking Employment

[21 June 2007]

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

1) participate in measures for increase of competitiveness;

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

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 conforms to 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 contract of employment on the basis of circumstances, which are associated with the performance of urgent economic, organisational, technological measures or measures of a similar nature;

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

3) who is a person employed by a merchant and for whom measures for the facilitation of regional mobility are necessary in order to reduce the risk of unemployment coming into effect, which is associated with the movement of the person between his or her 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 reached the age of 25 years and is in employment legal relationships (except for persons having the status of 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 the age of 15 years, who has not reached the age, that entitles one to receive the State old age pension, or who has not been granted the State old age pension (including preterm), 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 training programmes commenced during the measures, even after the termination of employment legal relationships.

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

(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 by regulatory enactments;

3) within three working days, notify the State Employment Agency regarding the fact that he or she does no longer conform to the acquisition of person seeking employment status conditions referred to in Section 15, Paragraph one, Clauses 1, 3 and 5 of this Law; and

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

(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 are not dependent on the will of the unemployed person.

[3 March 2005; 21 June 2007; 18 June 2009; 24 November 2011]

Chapter VI
Restrictions on the Provision of Work Placement Services

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, and

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; and

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 regulatory enactments 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 institution 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. See Paragraph 14 of Transitional Provisions.]

Transitional Provisions

1. Until the 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 the establishment of the State Career Choice Agency its functions shall be performed by the State non-profit-making organisation "Profesionālās karjeras izvēles 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, No. 4/5, 1992; No. 20/21, 1993; 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 regulation referred to in Section 4, Paragraph four (9 May 2002 text) of this Law by 30 September 2002.

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.

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.

8. Amendments to Section 7, Paragraph four 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.

9. Up to the 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.

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

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

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.

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.

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.

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

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

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 reached the age, that entitles one to receive the State old age pension, or who has not been granted the State old age pension (including preterm)", and amendments to Section 12, Paragraph one, Clause 2 of this Law in relation to the words "the age, the reaching of which entitles one to receive the State old age pension, or be granted the State old age pension (including preterm)" shall come into force on 1 January 2012.

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

Informative Reference to European Union Directives

In this Law legal norms, which arise from the following have been included:

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; and

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

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

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 © 2012 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 09.05.2002.Entry into force: 01.07.2002.Theme:  Labour rights; Social protectionPublication: Latvijas Vēstnesis, 80 (2655), 29.05.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 12, 27.06.2002.
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