Additions to information provided to State Labour Inspectorate (SLI)
Currently, the employer posting an employee to work in Latvia is obliged to inform the SLI in written supporting relevant information and documentation. The proposed provisions will govern an effective protection of employee rights and specified information requested from the employer by SLI i.e., personal data, information on a representative of the foreign employer in Latvia and a service recipient etc.
The amendments foresee that the employer will be obliged to keep various documents i.e., a contract of employment, time sheets, evidence of wage calculation and salary payments for two years after the end of employee’s posting period including availability of said documents in Latvian. As well as ensuring the above documents to control and supervisory authorities.
Compliance of employment regulations in other countries
To streamline applicable principles on staff posting for employers in Latvia as per the Labour Law, further specification will be provided to ensure terms and conditions of employment including information on minimum wage and working conditions as per national legislation of the country where employee is posted to work.
It is important to note that the amendments to the Labour Law state that the Cabinet of Ministers regulation on business trips and reimbursement of expenses of an employee posted to work outside Latvia, shall be applied.
Whether the daily allowance will or will not be considered as part of the minimum wage, the employer is responsible for exploring national legislation of the country where the employee is posted. The compensation of actual expenses on travel and accommodation shall not be considered as part of the minimum wage rate.
Additional amendments will be introduced to the Contravention Code of the Republic of Latvia and the Civil Procedure Law for taking over the provisions of the Directive in terms of cross-border cooperation of authorities for the enforcement of administrative fines.
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