- Obligations of the employer in the event of posting workers to carry out work in Latvia:
An employer who posts his/her worker to carry out work in Latvia (within the framework of provision of works or services) shall comply with the administrative requirements established in the Labour Law and shall ensure to his/her worker the working conditions and employment provisions prescribed by the regulatory enactments of Latvia.
If under an employment contract concluded abroad (in any EU or EEA country other than Latvia) the worker has more favourable working conditions and employment provisions compared with the minimum requirements set forth in the regulatory enactments of Latvia, as well as by the collective agreements, which have been recognised as generally binding, then in respect to the worker the conditions of the contract concluded with the worker continue to apply. For example, if the employment contract of worker from another country provides for a higher salary than the Latvian minimum standards set by regulatory enactment, then such worker is paid the salary set forth in his/her employment contract, thus ensuring the employee’s situation is not compromised.
The regulatory enactments of Latvia provide for a number of obligations the employer must comply with both before the employee is posted to Latvia, as well as during the posting period in Latvia.
- Obligation to comply with the requirements provided for by regulatory enactments of Latvia as well as by collective agreements which have been recognised as generally binding
- Administrative liability and administrative fines
An employer who posts an employee to carry out work in Latvia and the Latvian employers who posts an employee to perform work in another country are administratively liable.
An employer who posts an employee to carry out work in another country and fails to comply with the requirements of the regulatory enactments of the relevant state regulating the posting of workers, may be held administratively liable according to regulatory enactments of the relevant state. Please see the respective national websites for detailed information on other countries' administrative liability and administrative penalties.
Administrative fines are recovered in accordance with the laws and regulations in force in the employer's country of registration. In Latvia administrative penalties are recovered in accordance with the procedure set forth in the Latvian Administrative Violations Code, the Civil Procedure Law and the Law on Bailiffs.
An employer failing to comply with the regulations on posting of an employee to carry out work in Latvia, shall be held administratively liable in accordance with the procedure set forth in the Latvian Administrative Violations Code.
Please refer to section "Administrative penalties and recovery thereof" for more detailed information on administrative penalties.