The translation of this document is outdated.
Translation validity: 23.12.2020.–17.12.2024.
Amendments not included:
21.11.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
22 April 2004 [shall enter
into force on 25 May 2004];
3 March 2005 [shall enter into force on 6 April
2005];
25 May 2006 [shall enter into force on 28 June
2006];
21 June 2007 [shall enter into force on 19 July
2007];
5 February 2009 [shall enter into force on 1 March
2009];
18 June 2009 [shall enter into force on 1 July
2009];
11 March 2010 [shall enter into force on 14 April
2010];
9 June 2011 [shall enter into force on 5 July
2011];
24 November 2011 [shall enter into force on 3 December
2011];
13 June 2013 [shall enter into force on 18 July
2013];
3 December 2015 [shall enter into force on 1 January
2016];
23 November 2016 [shall enter into force on 1 January
2017];
7 November 2019 [shall come into force on 5 December
2019];
16 April 2020 [shall come into force on 18 April
2020];
21 December 2020 [shall come into force on 23 December
2020].
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
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 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
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 suspending and cancelling 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.
(14) The Cabinet shall determine the procedures for granting,
refusing to grant, suspending, cancelling, and monitoring the
status of the member of the European network of employment
services (EURES), and also responsibilities of the member in
accordance with the requirements of Regulation (EU) 2016/589 of
the European Parliament and of the Council of 13 April 2016 on a
European network of employment services (EURES), workers' access
to mobility services and the further integration of labour
markets, and amending Regulations (EU) No 492/2011 and (EU) No
1296/2013.
(15) The Cabinet shall determine the procedures by which
associations or foundations shall be admitted as partners of the
European network of employment services (EURES), the procedures
for monitoring activities of such partners and the procedures for
cancelling their rights to operate as partners of the European
network of employment services (EURES), and also their
responsibilities in accordance with the requirements laid down by
Regulation No 2016/589.
[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; 7 November 2019]
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 contested 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.
(10) If the State Employment Agency has doubts as to the
information indicated in the application of the vacant workplace
on its vacancy portal, it has the right to request the employer
to submit additional information or justification for the set
requirements.
[21 June 2007; 5 February 2009; 11 March 2010; 9 June 2011;
24 November 2011; 13 June 3013; 3 December 2015; 7 December
2019]
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 8.1 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 30 days, counting from the day of announcing the
competition), the place and type for submitting the
application.
[3 December 2015; 7 November 2019]
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]
Section 9.1 Documents
Relating to Organisation and Implementation of Active Employment
Measures and Preventative Measures for Unemployment Reduction
The documents relating to organisation and implementation of
active employment measures and preventive measures for
unemployment reduction can be signed and submitted through the
Information System for Record-keeping of Unemployed Persons and
Registered Vacancies by using the means of authentication of
persons available on it.
[7 November 2019 / See Paragraph 22 of Transitional
Provisions]
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 punishment of deprivation of liberty in an open prison or a
long-term social care and social rehabilitation institution in
which the services are fully or partially 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 single State and local government services portal
www.latvija.lv or the vacancy portal of the State Employment
Agency, the person of the submitter 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; 7 November
2019]
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 twice within a period
of 12 months for a time period not exceeding 60 days in total if
it is notified to the State Employment Agency, and also 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 and social rehabilitation
institution in which the services are fully or partially 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 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 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. The
contesting or appeal of a decision on the loss of the status of
an unemployed person shall not suspend the operation thereof.
(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; 7 November 2019]
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 punishment
of deprivation of liberty 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 attends an
investigative institution, the Office of the Prosecutor or a
court;
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; 7
November 2019]
Chapter V
Person Seeking Employment and a Person Subject to the Risk of
Unemployment
[7 November 2019]
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 single State and
local government services portal www.latvija.lv or the vacancy
portal of the State Employment Agency, the person of the
submitter shall be identified by using the 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 twice within a period
of 12 months for a time period not exceeding 60 days in total 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 a EU blue card,
shall lose the status of a person seeking employment also in the
case where:
1) three continuous months have elapsed since he or she lost
the status of employee;
2) he or she has 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. The contesting or appeal of a
decision on the loss of the status of a person seeking employment
shall not suspend the operation thereof.
(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; 7 November
2019]
Section 15.1 A Person
Subject to the Risk of Unemployment
The following persons are subject to the risk of
unemployment:
1) employed person or self-employed person who has reached 50
years of age;
2) employed person or self-employed person who has a level of
education or skills that is insufficient for the requirements of
the labour market;
3) employed person or self-employed person to whom disability
or predictable disability has been determined, or a person after
temporary incapacity for work that has lasted at least four
consecutive months;
4) employed person whose place of residence is located in the
territory of low economic activity;
5) person who is not working and is obtaining basic education
or secondary education irrespective of the type of education;
6) person with no work experience;
7) person who has been given a notice of termination of the
employment contract;
8) person who serves the sentence at a place of
imprisonment.
[7 November 2019]
Section 16. Rights of Persons
Seeking Employment to Get Involved in Preventative Unemployment
Reduction Measures and Their Duties
(1) A person 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 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 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 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 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 person 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 person seeking employment has suffered a temporary work
disability;
2) the person seeking employment is taking care of a sick
child;
3) on the basis of a summons, the person seeking employment
attends an investigative institution, the Office of the
Prosecutor or a court;
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 person seeking employment.
(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; 7 November
2019]
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 and services to employers in the recruitment of
potential employees for work in Latvia) shall be permitted to
merchants to 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) The contesting 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; 7 November 2019]
Transitional
Provisions
1. Until establishment of the State Employment Agency, its
functions shall be performed by the non-profit-making
organisation valsts akciju sabiedrība "Nodarbinātības valsts
dienests" [State stock company 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 valsts bezpeļņas organizācija
"Profesionālās karjeras izvēles valsts centrs" [State
non-profit-making organisation 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 Ministru
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]
22. Section 9.1 of this Law shall be applicable
from the day when the functionality of the information system
Information System for Record-keeping of Unemployed Persons and
Registered Vacancies is ensured for the submission and signing of
documents, however, not later than by 1 February 2021.
[7 November 2019]
23. Until 31 December 2020, a person who has lost the status
of an employee and on the day of loosing this status he or she
has the following status shall have the right to the status of an
unemployed person in addition to the persons referred to in
Section 10, Paragraph one of this Law:
1) micro-enterprise owner within the meaning of the
Micro-enterprise Tax Law whose micro-enterprise has no turnover
(including after acquiring the status of an unemployed
person);
2) self-employed person (except for a natural person who
performs economic activities and pays patent fee for them) who
does not earn income (including after acquiring the status of an
unemployed person).
[16 April 2020]
24. Until 31 December 2021, a person shall not loose the
status of an unemployed person in accordance with Section 12,
Paragraph one, Clause 1 of this Law if the status of an employee
or self-employed person has been acquired twice within 12 months
for a period which does not exceed 120 days in total.
[16 April 2020; 21 December 2020]
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 © 2021 Valsts valodas centrs (State
Language Centre)