Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Termination of Employment Convention, 1982 (No. 158) - Latvia (Ratification: 1994)

Referring to its observation, the Committee would be grateful if the Government would provide in its next report detailed information on the following points.

Article 2, paragraphs 4-6, of the Convention. Exclusions. Please indicate whether certain categories of workers are excluded from the application of the Convention or from some of its provisions. If so, please indicate whether the organizations of employers and workers concerned have been consulted with regard to this exclusion. Please indicate the position of law and practice regarding the excluded categories. If these categories have been excluded under paragraph 4, please describe the special arrangements which, as a whole, provide protection at least equivalent to that afforded under the Convention.

Article 5(c). Valid reasons for termination. The Committee notes that the Government refers, with respect to the effect given to this provision, to section 94 of the Labour Act, which provides for protection of a worker who initiates internal proceedings in the enterprise with a view to protecting his rights and interests. It requests the Government to indicate also the manner in which it is ensured that the filing of a complaint or the participation in proceedings by a worker against an employer involving alleged violation of laws or regulations or recourse to competent administrative authorities shall not constitute valid reasons for termination, in accordance with this provision of the Convention.

Article 6, paragraph 2. Please indicate whether a maximum duration is fixed for the period of temporary incapacity for work during which the employment of a worker may not be terminated under section 109(3) of the Labour Act.

Article 9, paragraph 3. Verification of justifying reasons. The Committee notes that, under section 104(1) of the Labour Act, termination for reasons which are not connected with the conduct or aptitude of the worker must be sufficiently justified by the adoption of economic, technological, structural or similar measures in the enterprise. Please indicate whether courts of law or other tribunals are empowered, in the event of an appeal against such termination, to ensure that the reasons stated are sufficient to justify the termination.

Article 10. Please indicate whether the courts or other tribunals are empowered to order the payment of adequate compensation or any other appropriate relief if they consider it impracticable to declare the termination invalid or order the reinstatement of the worker.

Parts IV and V of the report form. Please supply examples of decisions of courts or other tribunals relating to termination. Please provide all available statistics on appeals against termination decisions, the outcome of such appeals, the nature of the remedy awarded and the time needed for an appeal to be decided.