In accordance with the Labour Law, “posting of workers” are the cases when in connection with the provision of international services:
1. the employer, on the basis of a contract which he or she has entered into with a person for whose benefit the work will be performed, posts an employee to another state;
(For example, a Latvian company enters into a contract with a Swedish company in order to carry out construction works of a building, and the Latvian company posts its employees to carry out the construction works in Sweden);
2. the employer posts an employee to a branch or to an undertaking in another state, which is part of the group of companies;
(For example, a German company posts an employee to its affiliate in Latvia);
3. a work placement service as employer posts an employee to the recipient of the work placement service for whose benefit and under whose management the work will be performed if the undertaking of such person is located in another state or it performs its operations in another state.
(For example, a Belgian temporary employment agency enters into a contract with a Latvian company, and employees are posted to work in Latvia).
“Posted employee” is an employee who, for a specified period of time, carries out his/her work in the territory of a state other than the state in which he/she normally works. During the period of posting his/her employment relationship retains with the employer by whom he/she was employed and posted.
The EU regulatory framework on posting of workers:
- Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services;
- Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( “the IMI Regulation”).
- Directive (EU) 2018/957 of the European Parliament and of the Councul of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.