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Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

8 September 2009.

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No 427
Adopted 17 September 2002

Procedure for the Election of Trusted Representatives and the Activities Thereof

Issued pursuant to
Section 20, Paragraph five of
the Labour Protection Law

I. General Provisions

1. This Regulation prescribes the procedure for the election of trusted representatives and the activities thereof.

2. The State Labour Inspectorate shall take measures in order to facilitate the prevention of differences of opinions between an employer and a trusted representative or a committee of the trusted representatives.

II. Procedure for Election and Recall of the Trusted Representatives, Extraordinary Elections Thereof

3. When determining the number of trusted representatives in an undertaking, the following shall be taken into account:

3.1. the number of employees in the undertaking (the recommended number of trusted representatives is determined in the Annex);

3.2. the nature of the activities of the undertaking in compliance with the types of commercial activities in which a competent authority is being engaged by the employer on a mandatory basis; and

3.3. the results of the evaluation of the working environment risks.

4. The employer and employees shall agree upon the number of trusted representatives in an undertaking in a collective labour agreement or another written agreement (hereinafter - collective agreement). When calculating the number of employees to be represented, those employees with whom a contract of employment of a limited duration has been entered into shall also be taken into account.

5. The employer shall ensure the possibility for employees or employees' trade union, or representatives of employees to convene a meeting of employees during working hours where the trusted representatives shall be elected. The employer shall attend the meeting referred to on the basis of his or her own free will.

6. A week prior to the meeting the employer shall make a list of the employees of the undertaking specifying the period of the contracts of employment entered into therewith. The employer shall acquaint all employees with the list referred to.

7. The meeting shall have a quorum if no less than a half of the employees of the undertaking are represented therein. A trusted representative shall be elected by a simple majority vote of the persons present.

8. An employee under the age of 18 and an employee whose probationary period has not expired may not be elected as a trusted representative.

9. The trusted representatives shall be elected for a time period of three years, unless the collective agreement provides for a longer period. New elections shall also be held if substantial circumstances have arisen (for example, termination of employment legal relationships) not allowing the trusted representative to fulfil obligations, if the employees recall the trusted representative or if the trusted representative does not wish to continue fulfilment of obligations.

10. The results of the elections of trusted representatives shall be recorded in the minutes of the meeting (in the official language).

11. An extract from the minutes of the meeting of the employees or the representatives thereof shall be a document certifying the authorisation of the trusted representative.

12. The original of the minutes of the election meeting of the trusted representatives shall be kept with:

12.1. the employer if trusted representatives have been elected at a meeting of employees or representatives of employees;

12.2. the employees' trade union if trusted representatives have been elected at a meeting of the members of the trade union which is also attended by the employees who are not members of the trade union; and

12.3. a unit of the employees' trade union if trusted representatives have been elected at a meeting of members of the unit of the trade union.

[8 September 2009]

13. The chairperson of the election meeting of trusted representatives shall hand over to the employer an original of the minutes of the meeting of the employees or the representatives thereof or a copy of the minutes of the meeting of the employees' trade union.

14. The chairperson of the election meeting of trusted representatives shall issue or send the extracts of the minutes to:

14.1. the trusted representatives;

14.2. the principal trusted representatives;

14.3. [8 September 2009]; and

14.4. the relevant trade union if the meeting is organised by a unit thereof.

[8 September 2009]

15. A month prior to the expiry of the term of office of a trusted representative the employees or the representatives thereof, or the trade union shall inform the employer regarding the necessity to organise a meeting for the re-election of a trusted representative.

16. A trusted representative may be recalled by a decision of the meeting of employees.

[8 September 2009]

17. A meeting for the recall of a trusted representative shall be organised if one third of employees wish so and certify this with the signatures thereof.

18. A request signed by employees to recall a trusted representative and organise extraordinary elections shall be submitted to the principal trusted representative or the trusted representative committee but in case there is no such a committee - to the employer.

19. Within two weeks following the notification regarding the necessity for a meeting, the employer shall ensure the possibility to convene a meeting of employees according to the procedure determined in Paragraph 5 of this Regulation.

20. Emergency elections of trusted representatives shall be held in accordance with the procedure determined in this Chapter.

III. Activities of the Trusted Representatives in an Undertaking

21. A trusted representative has the following right:

21.1. to express freely justified opinion of employees, as well as his or her own opinion regarding the organisation and implementation of the labour protection system of the undertaking;

21.2. to receive from an employer the internal regulatory enactments regarding labour protection, technical documentation, instructions and other provisions regarding labour protection, as well as explanations and other information related to labour protection;

21.3. to propose to the employer to perform measurements of the working environment risk factors if complaints from employees have been received regarding working environment risk factors harmful to health;

21.4. to propose to perform a repeated evaluation of the working environment risks at the workplaces where an accident has occurred or serious and imminent danger to the life and health of an employee has arisen;

21.5. to request that the employer takes labour protection measures and to make proposals the implementation of which would prevent or reduce risks to the safety and health of employees;

21.6. to propose to the employer to enter into an agreement regarding labour protection, to participate in the negotiations regarding the conditions of a collective agreement and amendments in the field of labour protection; and

21.7. to access workplaces according to the procedure determined in the undertaking.

[8 September 2009]

21.1 A trusted representative has the following obligations:

21.1 1. to participate in performance of the internal supervision of working environment, including evaluation of the working environment risks, planning of labour protection measures and examination of efficiency; and

21.1 2. to participate in investigation of accidents at work and putting into service of production facilities and objects, as well as conformity assessment of work equipment.

[8 September 2009]

22. The collective agreement may provide additional rights and guaranties for the trusted representatives, taking into account the interests of employees.

22.1 When determining the time period for the fulfilment of the obligations of the trusted representatives, an employer shall take into account the recommended number of hours per week to be allocated to the trusted representatives referred to in Annex to this Regulation.

[8 September 2009]

IV. Elections for Principal Trusted Representatives and the Right thereof

23. The principal trusted representative shall be elected for a time period of three years at a meeting of trusted representatives. New elections shall be organised if the term of office of the principal trusted representative has expired, if substantial circumstances have arisen (for example, termination of employment legal relationships) not allowing him or her to fulfil obligations, if the principal trusted representative is recalled or if he or she does not wish to continue fulfilment of the obligations.

24. The election meeting for principal trusted representatives shall have a quorum if at least a half of the trusted representatives elected in the undertaking participate therein. The results of the elections of the principal trusted representatives shall be recorded in the minutes of the meeting (in the official language).

25. The original of the minutes of the election meeting shall be handed over and stored in accordance with the procedure determined in Paragraphs 12 and 13 of this Regulation.

26. An extract from the minutes of the meeting of trusted representatives shall be a document certifying the authorisation of the principal trusted representative.

27. The chairperson of the election meeting of the principal trusted representatives shall issue or send the extracts of the minutes to:

27.1. the trusted representatives;

27.2. the principal trusted representatives;

27.3. [8 September 2009]; and

27.4. the relevant trade union if the meeting is organised by a unit thereof.

[8 September 2009]

28. The principal trusted representative has the following right:

28.1. to represent the interests of the trusted representatives of the undertaking by co-operating with the employer and the labour protection specialist in labour protection issues;

28.2. to participate in the examination and resolution of labour protection issues;

28.3. to co-ordinate and monitor the activities of the trusted representatives;

28.4. to control the compliance with the guaranties determined in regulatory enactments regarding labour protection;

28.5. to co-operate with the State Labour Inspectorate and other State control and supervision authorities in labour protection issues; and

28.6. to exercise the right of the trusted representative in the workplaces subject to the supervision thereof.

V. Elections and Activities of the Committee of Trusted Representatives

29. The committee of trusted representatives shall be elected at a meeting of trusted representatives for a time period of three years. The results of the elections of the committee shall be recorded in the minutes of the meeting (in the official language).

30. The original of the minutes of the election meeting of the committee of trusted representative shall be kept in accordance with the procedure determined in Paragraph 13 of this Regulation.

31. An extract from the minutes of the election meeting of the committee of the trusted representatives shall be a document certifying the authorisation of the members of the committee of the trusted representatives.

32. The chairperson of the election meeting of the committee of the trusted representatives shall issue or send the extracts of the minutes to:

32.1. the trusted representatives;

32.2. the principal trusted representatives;

32.3. the committee of trusted representatives;

32.4. [8 September 2009]; and

32.5. the relevant trade union if the meeting is organised by a unit thereof.

[8 September 2009]

33. The chairperson of the committee of trusted representatives shall be elected from among the members of the committee of trusted representatives. The chairperson of the committee of trusted representatives shall also be the principal trusted representative.

34. The committee of trusted representatives of an undertaking or a unit thereof have the following obligations:

34.1. to co-ordinate the activities of trusted representatives;

34.2. to co-operate with the employer and/or labour protection specialist, heads of units and the principal trusted representatives of units in labour protection issues; and

34.3. to co-ordinate the activities of the committees of trusted representatives of the units.

35. The committee of trusted representatives shall have a quorum if at least a half of the members of the committee participate in the meeting.

36. The committee of trusted representatives shall maintain the record-keeping of the trusted representatives in the entire undertaking.

37. Decisions of the committee of trusted representatives shall be binding on all trusted representatives.

VI. Guaranties for the Trusted Representatives

[8 September 2009]

VII. Closing Provision

40. Sub-paragraph 3.2 of this Regulation shall come into force on 1 July 2003.

Informative Reference to European Union Directive

This Regulation contains legal norms arising from Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work.

[8 September 2009]

Prime Minister A. Bērziņš

Minister for Welfare V. Jaksons

 

[8 September 2009]

Annex
Cabinet Regulation No. 427
17 September 2002

Recommended Number of Trusted Representatives and of the Hours per Week to be Allocated Thereto in Accordance with the Number of Employees in an Undertaking

No Number of employees in an undertaking Number of trusted representatives in an undertaking Total minimum number of hours per week*
1. 5-49 1 2
2. 50-100 2 4
3. 101-500 3 8
4. 501-1000 4 16
5. 1001-2000 5 32
6. 2001-3000 6 48
7. 3001-4000 7 56
8. 4001 or more 12 64

Minister for Welfare V. Jaksons

 


* The total minimum number of hours per week concerns all trusted representatives in total.

Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Uzticības personu ievēlēšanas un darbības kārtība Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 427Adoption: 17.09.2002.Entry into force: 28.09.2002.Publication: Latvijas Vēstnesis, 139, 27.09.2002.
Language:
LVEN
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