Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - Lettonie (Ratification: 1994)

Autre commentaire sur C158

Observation

Demande directe

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The Committee notes the Government’s report received in September 2011 containing detailed information in reply to the points raised in the 2007 observation and a list of legislative amendments introduced during the reporting period June 2007–11. The Government also provides data tables concerning reinstatement in civil cases in all first instance and appeal courts of Latvia for the time period June 2007–11. The data tables indicate a sharp increase in the number of reinstatement cases received by the courts in 2009–10 – increasing from 133 in 2008 to 510 in 2009 and 445 in 2010. The Committee notes the compilation of jurisprudence and findings of the Senate on the issues of: (1) legal grounds for termination of employment; (2) procedures for termination of employment contracts; (3) reinstatement; and (4) notice of termination of an employment contract during a probationary period. The Committee invites the Government to continue providing updated available information on the manner in which the provisions of the Convention are applied in practice, including any relevant judicial decision involving questions relating to the application of the Convention, available statistics on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons in the country (Parts IV and V of the report form).

Article 2(2) and (3). Adequate safeguards in case of recourse to contracts of employment for a specified period. The Government reports that pursuant to section 44(6) of the Labour Act, the same provisions governing workers entering into contracts for an unspecified period apply to those entering into contracts for a specified period. As a result of this, an employer must give adequate notice of termination to the employee under an employment contract for a specified period. In addition, pursuant to section 44(7) of the Labour Act, an employer shall inform such employees of any job vacancies in the undertaking in which the employee may be employed for an unspecified period. Moreover, under section 44(7) of the Labour Act, if no party requests a termination upon the expiry of the term of the employment contract, it will automatically be renewed for an unspecified period. The Government indicates that no statistics of recording of employment contracts are being carried out at present. The Committee invites the Government to include in its next report copies of judicial decisions of labour courts, if any, interpreting section 44 of the Labour Act.

Article 5(c). Invalid reason for termination. The Government reports that section 9(1) of the Labour Act allows an employee to apply to the State Labour Inspectorate or a Court for protection against invalid termination of employment. It further reports that pursuant to section 9(2) of the Labour Act, the burden of proof rests on the employer to demonstrate that the employee has not been penalized or subjected to adverse consequences as a result of the exercise of his/her rights in a permissible manner. The Committee invites the Government to include in its next report copies of judicial decisions of labour courts, if any, interpreting section 9 of the Labour Act.