Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Termination of Employment Convention, 1982 (No. 158) - Latvia (Ratification: 1994)

1. The Committee notes the first report on the application of the Convention, received in January 1999.

2. Article 2, paragraph 2, of the Convention. The Committee notes that section 235 of the Labour Code states that there may be specific labour regulations for those employed on a seasonal basis and some categories of employees, such as employees in the forestry or timber industry and persons employed under a labour contract as domestic workers and in other cases. The Government states that the legislation of the Republic of Latvia may stipulate specific labour regulations for these employees under the exception permitted by Article 2(2) of the Convention. The Committee requests further information on the scope of the exception and whether it applies solely to people employed as domestic workers or to those employed in the forestry or timber industry on a casual basis for a short period, or also to permanent workers. Please also indicate which "other cases" are included within section 235 of the Labour Code, as well as whether any special regulations have been adopted which would exclude these workers from the coverage of the Convention.

3. Article 7. The Committee notes that section 142 of the Labour Code states that the employer must ask for an explanation from the employee before applying any punishment. Please indicate how effect is given to this provision of the Labour Code in practice.

4. Article 10. The Committee notes that under section 219 of the Labour Code, the court or the Labour Dispute Commission can reinstate the employee if the dismissal was unjustified or in contradiction of dismissal procedures, and can order remuneration for the intervening period until reinstatement. The Committee also notes that under section 222 of the Labour Code, resolutions by bodies dealing with labour disputes shall be implemented immediately. The Committee requests information on the consequences of failure to reinstate the worker following a decision by the court or Labour Dispute Commission, as required by the report form.

5. Article 13, paragraph 1(a). The Committee notes that under section 11 of the Law of the Republic of Latvia on trade unions of 13 December 1990, the employer must consult the elected institutions of the trade unions in making decisions on employment, social and economic issues. The Committee would be grateful if the Government would indicate whether the workers' representatives concerned must be provided with information on the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as how far in advance of the contemplated terminations the workers' representatives concerned must be consulted, as requested in the report form for this Convention.

6. Article 13, paragraph 1(b). The Committee also requests information on whether workers' representatives are consulted on measures to be taken to avert or minimize the terminations and measures to mitigate the adverse effects of terminations. In particular, please indicate the manner in which provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must occur and the object of such consultation, as requested in the report form.

7. Article 14, paragraphs 1 and 2. The Committee notes that section 5(2) of the Law on employment places a duty on the employer to inform the State Employment Service and the relevant municipality at least two months in advance if an undertaking, establishment or organization is to be liquidated or employees are to be dismissed. The Committee also notes the Government's statement that this issue will be included in the new draft Labour Code and requests information on the development of this legislation. In particular, the Committee recalls that Article 14(1) of the Convention requires the employer to give the competent authority relevant information including written information of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are to be carried out.

8. The Committee notes with interest the relevant decisions of the Civil Court Department of the Senate of the Supreme Court, and would be grateful for an extract of the relevant parts of the decision of the Presidium of the Supreme Council of the Republic of Latvia "On Approval of the Regulations for the Labour Dispute Commission" of 2 April 1992.

9. Please also provide general information on the manner in which the Convention is applied in practice as requested in Part V of the report form, including for example, available statistics on the activities of the appeal bodies (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic and similar reasons.