Concluding an employment contract
according to the Labour Law of Latvia parties should take into account regulation
laid down in Section 40 of the Labour Law of Latvia. An employment contract
shall include: the given name, surname, personal identification number, place
of residence of the employee and the name, surname (business name),
registration number and address of the employer, the starting date and expected
duration of employment legal relationships, the workplace, the trade,
profession, speciality and the general description of the contracted work, the
amount of work remuneration and time of payment, the agreed daily or weekly
working time, the length of the annual paid leave, the term for giving a notice
of termination of the employment contract and the provisions of the collective
agreement and working procedure regulations to be applied to employment legal
In order to facilitate possible future disputes with employees other important
agreements between parties should be included in employment contract.
Especially it is important when employer is registered in one EU member state of but work of employee permanently has to be carried out in other EU member state. Regulation (EC) No 593/2008 of the European Parliament and of the
Council of 17 June 2008 on the law
applicable to contractual obligations (Rome I) (Article 8) and the Labour Law of Latvia (Section 13) lay
down legal regulation that individual
employment contract shall be governed by the law chosen by the parties. The
choice shall be made expressly or clearly demonstrated by the terms of the
Business type and specific requirements for profession also is important
to take into account in draft of an employment contract. In order to eliminate individual
legal conflicts is recommended to include in employment contract regulation about
compensation of the losses, restriction of the occupational activities of the
employee (restriction on competition), duty not to disclose any information
brought to his or her knowledge, which is a commercial secret of the employer, disclaimer
about intellectual property rights and other important information.
If you need help in draft of an employment contract please
contact us at: http://www.leinonen.lv/contacts.
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