拉脱维亚 雇佣指南

The employment contract must include:

• names and addresses for both the employer and employee
• start date
• expected duration of employment
• workplace
• job description and responsibilities
• remuneration and frequency of payment
• working days and hours
• annual paid leave
• termination notice
• the provisions set by the collective bargaining agreement (if any)

Fixed-term contracts are permissible under specific conditions, such as seasonal work, replacement of an absent employee, temporary work not regularly performed, work related to short-term expansion or to complete an increase of production or urgent work. A fixed-term contract should indicate the termination date or when the agreement is to be considered expired. For example, the first-term contract might expire upon completion of a project or task. If no termination date is indicated, the employer must inform the employee, in writing, of the expected termination at least two weeks in advance.

The maximum duration for a fixed-term employment contract is five years. For seasonal work, fixed-term agreements may not exceed 10 months. While there are no limits on having successive fixed-term contracts, there should be 60 days between each fixed-term contract. Without this buffer, the tenure is considered an extension of the initial fixed-term contract.

A probation period (or trial period) can be applied for a maximum three months, which can be agreed upon between the parties. For employees under 18 years of age, there should not be a probation period.

During the probation period, either the employer or employee can terminate the employment relationship by giving three days’ notice. The cause does not have to be indicated.

The maximum working hours are eight hours a day or 40 hours a week. Workers are entitled to at least 12 hours of rest between shifts and a rest break of 30 minutes when they have worked for six hours. For shift or night workers, for work done between 10 p.m. – 6 a.m., the work cannot exceed seven hours a night.

The length of a weekly rest period in a seven-day period must not be less than 42 consecutive hours.

Overtime cannot exceed 144 hours in a four-month period (or eight hours on average within a seven-day period) and must generally be agreed upon in writing by both the employer and the employee. Overtime work should be compensated at a rate not less than 100% of the hourly or daily salary rate, to be specified at a rate for the employee or a set piecework rate for the amount of work done.

Employers are obligated to store documents pertaining to employment, including employment contracts, payslips, timesheets and documents which serve as proof of payment of wages for two years from the date of posting.

A night worker has the right to perform a health examination before he or she is employed in night work. They maintain the right to perform further regular health examinations at least once every two years. For an employee who has reached the age of 50, this right is enhanced to at least once a year. The costs of such medical examinations shall be covered by the employer.

In order to verify that an applicant is suitable for the intended work, the employer has the right to request a candidate to undergo a health examination.

While a 13th-month salary payment is not mandatory, it is not uncommon for employers to include this payment once a year.

The employee and employer each have the right to terminate the employment agreement. The party initiating the termination must offer the other party one month’s notice in writing.

On the part of an employer, termination can be advanced for the below reasons:

• The employee lacks competence and is unable to deliver the work.
• The employee is unable to perform the work due to his or her state of health.
• An employee previously performing the work has been reinstated.
• The employer is facing economic or organizational restructuring, resulting in a reduction of the workforce.
• The employer is facing liquidation.

Furthermore, the employment agreement can be terminated immediately if:

• The employee has violated the contract of employment or working procedures.
• The employee has participated in illegal acts or violated labor protection regulations to jeopardize the health and safety of himself or herself or other people.

Termination of certain protected employees (such as employees who are pregnant, have recently given birth or are breastfeeding)  is only permissible in limited cases.

An employer must notify the employee in writing of the circumstances that are the basis for termination, citing the specific provisions in the employment contract.

An employer is prohibited from giving notice of termination of an employment contract to an employee who maintains membership in a trade union, without prior consent of the relevant trade union.

Both the employer and employee have the right to terminate a labor contract, with a one-month notice, unless a different notice period is specified in the employment contract or the collective bargaining agreement. Subsequently, this notice must be provided in writing by any of the parties wishing to end the collaboration. Alternatively, it is also possible for work relations to end by mutual agreement.

The necessity for severance payments depends on the length of employment as listed below, with a maximum of four months’ average wage:

• <5 years: one-month average earnings
• 5-10 years: two months average earnings
• 10-20 years: three months average earnings
• >20 years: four months average earnings

Non-competition covenants are only enforceable by compensation paid throughout the duration of the covenant. There must be a written agreement in place and restrictive covenants are only permissible if the purpose is to protect the employer’s commercial interests. The restriction cannot be for more than three years.

For confidentiality restrictions, there is no legal obligation to pay compensation.

The Law on Trade Unions stipulates that the residents of Latvia have a right to form trade unions. Employers and employees also have the right to unite in such organizations. If an employee is affiliated with a trade union, it may not form the basis of an employer’s refusal to enter into a contract of employment with said employee.

Unless they first get consent from the trade union, an employer may not terminate an individual labor agreement with a member of the said trade union.

An employer has a duty to pay remuneration at least twice a month, unless otherwise agreed upon by the employer and employee. Payment must be paid in local currency (EUR) and in cash, although non-cash payments are allowed if the employer and the employee have agreed.

The payslip must show the calculation of the remuneration disbursed, taxes and deductions for mandatory social insurance payments. The payslip must detail any hours worked overtime, at night or on public holidays.

After six months of continuous work, employees must be granted four weeks (20 working days excluding public holidays) or one month for young persons under 18 years of age. This annual leave can be taken in parts but at least one series of the leave cannot be less than two continuous calendar weeks. A maximum of two weeks of the current year’s leave may be carried over to the next year, with the employee’s consent.

Employers must pay their employees for up to ten days of sick leave at the following rates:

• Day 2-3: 75% of average earnings
• Day 4-10: 80% of average earnings
• Day 11 – 52 weeks of absence: the employee’s compulsory health insurance usually pays 80% of the employee’s average pay, as calculated for the purposes of social insurance contributions

*Effective April 2022, the employer’s liability for paid sick leave will be for up to nine calendar days (instead of the current 10 calendar days). State benefits will be payable from Day 10 onwards.

Maternity Leave

An employee is entitled to a total of 112 days of maternity leave, to be split between 56 days of pre-natal leave and 56 post-natal leave. However, if less than 56 days of pre-natal leave were taken, the employee can then take post-natal leave as long as the total amounts to not more than 112 days. Supplementary maternity leave of 14 days is granted for women who experience complications in pregnancy or childbirth or multiple births.

Paternity Leave

Paternity leave is 10 days to be taken in the first two months after the birth of the child.

Supplementary paternity leave is granted up to 70 days after birth in certain circumstances, such as death or illness of the mother.

Parental Leave

Employees are entitled to 18 months of parental leave, which can be taken until the child reaches eight years of age. This can be taken in a single period or in parts. The employee must inform the employer in writing one month before the start date of the leave, outlining the duration.

Adoption Leave

One adoptive parent of a child up to 18 years of age is entitled to 10 days of leave.

Nursing Care Leave

An employee with a child under 18 months old is entitled to additional breaks for feeding the child under the following provisions:

• Each break must be at least 30 minutes and be granted every three hours.
• The break must be at least one hour for employees with two or more children under 18 months old.
• Feeding breaks can be added to the end of the working day, effectively shortening the length of the employee’s working day.

Supplementary Leave

An annual paid supplementary leave of three working days is granted to employees with three or more children under the age of 16 years and those who are parents to a disabled child and or a child with special risks.

There are 13 public holidays in Latvia.