Question 1. Explain Legal Framework For Employment Legal Relationships?
Employment prison relationships are regulated with the aid of the Constitution of the Republic of Latvia, the norms of international regulation which are binding at the Republic of Latvia, this Law and different regulatory enactments, as well as by way of collective agreements and operating process policies.
Question 2. Employees Provident Fund And Miscellaneous Provisions Act, 1952 Is Applied To Establishments Employing Not Less Than _______
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Question three. Explain Effect Of Laws Regulating Employment Legal Relationships With Respect To Persons ?
This Law and different regulatory enactments that alter employment prison relationships will be binding on all employers irrespective of their legal fame and on employees if the mutual criminal relationships between employers and employees are based on an employment contract.
Question 4. Explain About Employees?
An employee is a natural individual who, on the idea of an employment settlement for an agreed work remuneration, performs precise work beneath the steering of an company.
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Question 5. Explain Invalidity Of Regulations That Erode The Legal Status Of Employees?
Provisions of a collective settlement, running manner rules, as well as the provisions of an employment contract and orders of an organization which, contrary to regulatory enactments, erode the criminal status of an worker, shall not be valid.
Provisions of an employment agreement which contrary to a collective settlement erodes the felony status of an employee shall not be valid.
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Question 6. Explain The Principle Of Equal Rights?
Everyone has an identical proper to work, to truthful, secure and healthful operating conditions, in addition to to fair paintings remuneration.
The rights provided for in Paragraph considered one of this Section will be ensured without any direct or oblique discrimination – irrespective of a person's race, pores and skin shade, gender, age, incapacity, non secular, political or other conviction, ethnic or social origin, assets or marital reputation, sexual orientation or other situations.
In order to promote the adoption of the principle of identical rights when it comes to disabled folks, an enterprise has a duty to take measures which might be essential in conformity with the occasions so one can adapt the work surroundings to facilitate the opportunity of disabled individuals to establish employment felony members of the family, fulfil work obligations, be promoted to better positions or be sent for occupational training or the raising of qualifications, insofar as such measures do now not vicinity an unreasonable burden at the business enterprise.
Question 7. Explain The Right To Unite In Organisations?
Right to Unite in Organisations : Employees, in addition to employers have the proper to freely, without any direct or indirect discrimination when it comes to any of the situations stated in Section 7, Paragraph two of this Law, unite in organisations and to enroll in them for you to defend their social, economic and occupational rights and hobbies.
Affiliation of an worker with the firms cited in Paragraph one in every of this Section or the preference of an worker to enroll in such businesses may not serve as a basis for refusal to enter into an employment contract, for termination of an employment settlement or for in any other case proscribing the rights of an worker.
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Question 8. Explain The Prohibition To Cause Adverse Consequences?
Prohibition to Cause Adverse Consequences :
It is unlawful to apply sanctions to an worker or to otherwise at once or not directly motive unfavorable outcomes for him or her because the worker, inside the scope of employment legal relationships, physical activities his or her rights in a permissible manner, as well as whilst if she or he informs in a position institutions or officials regarding suspicions with appreciate to the committing of crook offences or administrative violations within the place of job.
If inside the case of a dispute, an employee indicates conditions, which may be a basis for the damaging results as a result of the enterprise, the employer has a duty to show that the employee has now not been punished or detrimental results have been directly or in a roundabout way triggered for him or her due to the fact the employee, within the scope of employment criminal relationships, physical activities his or her rights in a permissible way.
Question 9. What Is The Representation Of Employees?
Representation of Employees :
Employees shall workout the defence in their social, monetary and occupational rights and hobbies at once, or circuitously thru the mediation of employee representatives. Within the meaning of this Law, worker representatives shall suggest:
an employee trade union on behalf of which a exchange union institution or an legitimate authorized via the articles of affiliation of the trade union acts; or
authorised worker representatives who've been elected according with Paragraph two of this Section.
Authorised worker representatives may be elected if an challenge employs 5 or greater employees. Authorised employee representatives shall be elected for a distinct time period of office with the aid of a simple majority vote at a meeting in which at the least half of the personnel employed via an venture of the applicable enterprise participate. The path of the assembly shall be recorded in mins and decisions taken shall be entered inside the minutes. Authorised employee representatives shall explicit a united view with admire to the agency.
If there are numerous employee change unions, they shall authorise their representatives for joint negotiations with an business enterprise in percentage to the number of participants of every trade union but not less than one representative every. If representatives of numerous trade unions have been appointed for negotiations with an employer, they shall express a united view.
If there is one worker exchange union or several such trade unions and authorized worker representatives, they shall authorise their representatives for joint negotiations with the agency in percentage to the quantity of personnel represented however now not less than one representative every. If representatives of one worker exchange union or representatives of numerous such exchange unions and authorized employee representatives have been appointed for negotiations with an agency, they shall express a united view.
In calculating the number of employees upon the reaching of which authorised worker representatives can be elected in an task, or institutions of illustration may be hooked up, in addition to in calculating the number of personnel represented, the personnel with whom an employment agreement has been entered into for a targeted time period shall also be taken into consideration.
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Question 10. What Are The Rights And Duties Of Employee Representatives?
Rights and Duties of Employee Representatives : Employee representatives, whilst appearing their duties, have the subsequent rights:
To request and acquire from the corporation information regarding the modern-day monetary and social state of affairs of the venture, in addition to concerning possible adjustments;
To obtain statistics in proper time and consult with the agency before the enterprise takes such decisions as might also affect the pastimes of employees, specially selections which may additionally substantially affect paintings remuneration, running situations and employment within the challenge;
To take part within the dedication and improvement of labor remuneration provisions, running surroundings, operating conditions and agency of working time, in addition to in protective the safety and health of employees;
To enter the territory of the assignment, in addition to to have access to workplaces;
To preserve conferences of personnel inside the territory and premises of the venture;and
To monitor how regulatory enactments, the collective agreement and operating method regulations are being located in employment prison relationships.
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Question 11. Explain The Law Applicable To Contracts Of Employment And Employment Legal Relationships?
Law Applicable to Contracts of Employment and Employment Legal Relationships :
An worker and an company might also agree at the regulation applicable to an employment agreement and employment criminal relationships. Such desire might not abrogate or restriction the protection of an employee this is determined by prescriptive or prohibitive norms of a regulation of the State which regulation could be relevant in conformity with Paragraphs two, three, four or five of this Section.
If an worker and company have now not selected the relevant regulation, the legal guidelines of Latvia shall apply to the employment contract and employment criminal relationships in to this point as Paragraphs three and four of this Section does no longer provide in any other case.
If an employee and organisation have now not chosen the applicable regulation and the worker in conformity with an employment agreement typically plays his or her work in another nation, the law of that different state shall observe to the employment contract and employment prison relationships.
If an employee and enterprise have no longer selected the applicable law and the employee in conformity with an employment agreement does now not perform his or her work in a single and the identical nation, the regulation of the state in which is placed the undertaking which employed the worker will be relevant to the employment agreement and employment criminal relationships.
The provisions of Paragraphs 3 and four of this Section shall not practice if it appears from the occasions that the employment agreement or employment criminal relationships is greater intently related with every other country. In such case, the law of the alternative state shall follow.
Within the which means of this Section, a regulation shall suggest any felony norm.
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Question 12. Explain The Posting Of An Employee?
Posting of an Employee :
Within the meaning of this Law, posting of an employee shall mean the ones cases where, in connection with the provision of international offerings:
the business enterprise, on the premise of a contract which she or he has entered into with a person for whose gain the work might be executed, sends an worker to any other country;
the organization sends an worker to another state to a department or to an venture that is a part of the organization of organizations; or
a placement company as organisation sends an employee to a person for whose advantage the paintings will be executed if the assignment of such man or woman is positioned in some other country or it performs its operations in any other state.
Within the which means of this Section, an employee despatched shall imply an employee who for a special time period performs work in a state aside from the kingdom wherein he or she typically plays paintings.
If an employee has been sent to carry out work in Latvia, then, regardless of the regulation relevant to the employment agreement and employment legal relationships, such worker who has been despatched shall be ensured the running conditions and employment provisions furnished for via Latvian regulatory enactments, as well as with the aid of collective agreements that have been regarded as usually binding and which alter:
maximum running time and minimal relaxation period;
minimum annual paid leave;
minimum salary charges, in addition to supplementary charge for time beyond regulation paintings;
provisions concerning securing a group of workers, specifically via a piece placement company;
protection, fitness safety and hygiene at work;
safety measures for individuals under 18 years of age, for pregnant women and women at some point of the period following childbirth, as well as the provisions of labor and employment of such men and women; and
identical treatment of males and females, in addition to prohibition of discrimination in another form.
An organization who sends an employee to perform paintings in Latvia has a obligation, previous to posting the worker, to inform in writing the State Border Guard and State Labour Inspection regarding this sort of sent worker, indicating:
given call and surname of the employee;
date of setting out work;
intended period of employment;
vicinity of acting the paintings; and representative of the corporation in Latvia.
The provisions of this Section shall not practice to the ship's crews of merchant fleet undertakings.
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Question thirteen. Specify The Time Periods?
Time durations furnished for with the aid of this Law shall be special as calendar dates or time durations calculated in years, months, weeks or days. A time period may also be particular by means of indicating an occasion so as to occur anyways.
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Question 14. What Are The Calculation Of Time Periods?
A term shall run from the date or from the day of the prevalence of an event, which determines the start of the term.
A term calculated in years shall expire at the relevant month and date of the last yr of the time period.
A time period calculated in months shall expire on the respective date of the closing month of the time period. If a time period calculated in months terminates in a month, which does not have the respective date, the term shall expire at the remaining day of such month.
A term calculated in weeks shall expire on the respective day of the remaining week of the time period.
If the time period expires on a weekly day of rest or a vacation, the following running day shall be deemed to be the final day of the time period.
A term distinctive as much as a specific date shall expire on that date.
If a time period is unique for the of entirety of an interest, such interest can be completed on the ultimate day of the time period as much as 24:00 hours. If such pastime is to be finished in an challenge, the time period shall expire at the hour while the required running time of the task ends.
All written submissions or notifications, which have been introduced to a put up workplace with the aid of 24:00 hours on the ultimate day of the time period, shall be considered as having been introduced inside the term.
Question 15. Explain Content And Form Of Collective Agreements?
Parties to a collective settlement shall attain agreement at the provisions regulating the content of employment felony relationships, specifically the business enterprise of labor remuneration and labour protection, established order and termination of employment legal relationships, raising of qualifications, paintings approaches, social security of employees and other issues associated with employment legal relationships, and shall determine mutual rights and duties.
Without unique preparations, events to a collective settlement shall:
throughout the length of the life of the collective agreement chorus from any measures which can be directed at unilateral amendments to its provisions until supplied otherwise by regulatory enactments or via the collective agreement; and
make certain that the provisions of the collective settlement are complied with and fulfilled both via the agency and the personnel.
A collective agreement will be entered into in writing.
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Question sixteen. Who Are The Parties To A Collective Agreement?
A collective agreement in an project shall be entered into by the business enterprise and an worker exchange union or with the aid of accredited employee representatives if the employees have now not formed a exchange union.
A collective agreement in a region or territory (hereinafter – trendy settlement) shall be entered into through an organisation, a set of employers, an corporation of employers or an affiliation of establishments of employers, and an employee alternate union or an affiliation (union) of worker change unions if the parties to the overall settlement have relevant authorisation or if the right to enter into a popular agreement is supplied for by using the articles of association of such associations (unions).
A general settlement entered into by way of an agency of employers or an association of organizations of employers shall be binding on participants of the employer or the association of establishments.
If individuals of an organisation of employers or an association of companies of employers employ greater than 50 in line with cent of the employees in a zone, a standard settlement entered into between the employer of employers or affiliation of companies of employers and an employee change union or an association (union) of employee trade unions will be binding on all employers of the relevant quarter and shall practice to all personnel employed by way of the employers. With respect to such employers and employees, the overall agreement shall come into impact at the day of its guide in the newspaper Latvijas V?stnesis [the official Gazette of the Government of Latvia] until the agreement specifies over again for coming into effect. The events shall submit the overall agreement inside the newspaper Latvijas V?stnesis on the premise of a joint application.
Question 17. What Is The Effect Of Collective Agreements In Time?
A collective agreement will be entered into for a distinct time frame or for a time frame required for the overall performance of specific work. A collective agreement shall come into impact at the date it became entered into, until the collective agreement specifies all over again for coming into effect. If a collective settlement does no longer specify a time of effect, the collective agreement will be deemed to had been entered into for one year.
A collective agreement can be terminated earlier than the expiry of its time period on the idea of:
settlement by means of the parties; or
note of termination via one celebration if such right has been agreed upon within the collective agreement.
Upon termination of a collective settlement its provisions, excluding the duty specified in Section 17, Paragraph two, Clause 1 of this Law, shall apply as much as the time of getting into effect of a brand new collective agreement, until agreed otherwise by the parties.
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Question 18. What Is The Effect Of A Collective Agreement With Respect To Persons?
Effect of a Collective Agreement with Respect to Persons :
A collective agreement will be binding on the parties and its provisions shall observe to all personnel who are employed by the applicable company or in a relevant task of the corporation, except furnished for otherwise inside the collective agreement. It shall be of no outcome whether or not employment criminal relationships with the employee have been mounted previous to or after the coming into effect of the collective agreement.
An worker and an employer may additionally derogate from the provisions of a collective settlement handiest if the relevant provisions of the employment contract are extra beneficial to the worker.
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Question 19. Explain Familiarisation With A Collective Agreement?
An corporation has a responsibility to familiarise all employees with the collective agreement no longer later than within a one-month length from its approval or from the time of amendments made to the provisions of the collective settlement.
An business enterprise has a duty to make the textual content of a collective agreement to be had to each worker.
Question 20. What Is The Approval Of A Collective Agreement?
In order for a collective agreement entered into with the aid of an project to be valid, its approval at a trendy assembly (convention) of employees is required.
The collective settlement shall be permitted by means of a easy majority vote at a widespread assembly at which at least 1/2 the personnel of the relevant challenge take part.
If it's far impossible to convene a widespread assembly of employees due to the big quantity of employees employed with the aid of an challenge or due to the character of labor organisation, the collective agreement shall be permitted through a simple majority vote at a conference of employee representatives at which at the least half of of the employee representatives participate.
The validity of a widespread agreement does not require its approval.
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Question 21. What Is The Violation Of The Prohibition Of Differential Treatment When Giving Notice Of Termination Of An Employment Contract During The Probation Period ?
Violation of the Prohibition of Differential Treatment whilst Giving Notice of Termination of an Employment Contract at some point of the Probation Period :
If an agency when giving a be aware of termination of an employment settlement throughout the probation period has violated the prohibition of differential treatment, an employee has the proper to bring an action to a courtroom within a one-month length from the date of receipt of a note of termination from the corporation.
Question 22. What Are The Consequences Of A Probation Period?
Consequences of a Probation Period :
During the probation duration, the company and the employee have the right to present a word of termination of the employment settlement in writing three-days previous to termination. An company, whilst giving the awareness of termination of an employment contract all through a probation period, does no longer have a duty to indicate the reason for such note.
If the gotten smaller time period of a probation period has expired and the worker keeps to carry out the paintings, it shall be taken into consideration that he or she has handed the probation period.
Question 23. What Is The Specification Of A Probation Period?
Specification of a Probation Period :
When stepping into an employment settlement, a probation duration can be particular in an effort to check whether an employee is appropriate for overall performance of the paintings entrusted to her or him. If an employment agreement does now not specify a probation period, it shall be appeared as entered into with out a probation duration. A probation length shall not be determined for individuals underneath 18 years of age.
The term of a probation duration won't exceed 3 months. The said term shall not encompass a period of brief disability and different periods of time whilst the employee did no longer carry out paintings for justified motive.
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Question 24. What Is The Term Of An Employment Contract Entered Into For A Specified Period?
The term of an employment agreement entered into for a specified duration won't exceed 3 years (which includes extensions of the term) if some other term has now not been laid out in any other law for the employment settlement. The stepping into a new employment settlement with the equal business enterprise shall also be regarded as extension of the time period of the employment settlement if during the duration from the date of stepping into the former employment agreement till the entering into a brand new employment settlement the legal courting has not been interrupted for more than 30 consecutive days.
The time period for which an employment agreement has been entered into for acting seasonal work (including extensions of the time period) might not exceed 10 months within a duration of twelve months.
The time period of an employment settlement entered into in accordance with Section 44, Paragraph one, Clause 3 of this Law may also if vital be prolonged through exceeding the term cited in Paragraph one in every of this Section. If an employee who's absent or suspended from work due to some situations does no longer retain or may not retain employment legal relationships, the employment agreement of the employee replacing him or her will be appeared as entered into for an unspecified period.
If, upon expiry of the time period for which an employment agreement has been entered into, no celebration has requested termination of the employment settlement and employment prison relationships are effectively persevering with, the employment agreement will be seemed as entered into for an unspecified period.
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Question 25. Explain The Invalidity Of An Employment Contract?
Invalidity of an Employment Contract : An employment agreement this is opposite to regulatory enactments shall be deemed as null and void best for further time intervals, and an agency, if he or she become at fault for the entering into of such agreement and it is not possible to enter into an employment settlement with an employee in conformity with regulatory enactments, has a duty to pay repayment to the worker in the quantity of at the least six months common income.
In case of doubt, the invalidity of a selected provision protected in an employment agreement shall not affect the validity of the relaxation of the employment agreement.
Question 26. What Are The Consequences Of Failure To Comply With The Written Form?
If, when moving into an employment agreement, its written shape has not been complied with, an employee has the proper to request that the employment contract be expressed in writing. For this purpose, an worker may also use any proof concerning the lifestyles of employment legal relationships and the content material of such relations.
If the worker and the organisation, or at the least one of the parties, has commenced to perform the obligations shrunk for, an employment contract that does not agree to the written form shall have the same felony consequences as an employment agreement expressed in writing.
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Question 27. Explain The Prohibition Of Differential Treatment When Establishing Employment Legal Relationships?
Prohibition of Differential Treatment when Establishing Employment Legal Relationships : If whilst organising employment felony relationships an corporation has violated the prohibition of differential remedy, an applicant has the proper to bring an movement to a court docket within a period of 1 month from the date of receipt of refusal of the organization to establish employment felony relationships with the applicant.
If employment criminal relationships have not been hooked up because of the violation of the prohibition of differential treatment, the applicant does no longer have the right to request the established order of such family members on a obligatory basis.
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Question 28. What Are The Documents Necessary For Preparing An Employment Contract?
Documents Necessary for Preparing an Employment Contract : When preparing an employment agreement an applicant has a duty:
to provide a private identity report; and
to publish other documents in cases supplied for by regulatory enactments.
When preparing an employment agreement for the overall performance of such work as requires unique expertise or talents, an employer has the proper to request the applicant to offer documents that certify his or her schooling or occupational preparedness.
Question 29. Explain About Health Examination?
An employer may additionally request an applicant to go through a fitness exam, which might allow verification that the applicant is appropriate for overall performance of the meant work.
In the opinion concerning the state of fitness of an applicant, the doctor shall indicate simplest whether or not the applicant is appropriate for performance of the intended work.
Expenditures related to the health examination of an applicant will be included through the organization, besides in instances where the applicant has knowingly furnished the employer with fake facts at some point of a activity interview.
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Question 30. What Is The Basis And Scope Of Civil Liability Of Employees?
If an employee does no longer perform work with out justified cause or plays it improperly, or because of different illegal or culpable action has induced losses to the employer, the employee has a obligation to compensate the losses induced to the enterprise.
The worker shall be dependable simplest for the reduction of the prevailing property of the organisation, but not for discount in expected profit.
If losses to an corporation had been precipitated with malicious cause of the worker or because of his or her unlawful, culpable action now not associated with performance of the shrunk work, the employee will be liable for all losses to the enterprise.
An employee whose work is associated with an accelerated hazard of losses will be in charge handiest if losses to the enterprise were brought about as a result of malicious motive or gross negligence.