Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Latvia (Ratification: 2006)
Protocol of 2014 to the Forced Labour Convention, 1930 - Latvia (Ratification: 2017)

Articles 1(1), and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted that pursuant to section 20(3) of the Military Service Law of 2002, as amended, soldiers of the National Armed Forces work under a professional service contract for a period until reaching the maximum age specified under section 41 or for a period of time not less than five years. It also noted that according to section 43(1) of the Law, a professional service contract may be terminated before the end of the term at any time by agreement of the parties.

The Committee notes the Government’s indication that each request for termination of service by a soldier will be evaluated individually by the Minister of Defence and an agreement on termination shall be reached after negotiations with the soldier concerned and taking into account the liabilities undertaken by the soldier. The Committee also notes the Government’s statement that there are no cases where agreement relating to the termination of service has not been reached. The Committee notes, however, that the Military Service Law does not contain provisions governing the procedure or the duration within which requests for termination of service shall be accepted and an agreement for termination shall be reached. In this regard, the Committee recalls that the effect of statutory provisions preventing termination of employment of indefinite duration (or very long duration) upon notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention (see General Survey on fundamental Conventions, 2012, paragraph 271). The Committee therefore requests the Government to indicate the provisions governing the procedure as well as the deadline for a response in this regard. It also requests the Government to continue to provide information on the application of section 43(1) of the Military Service Law in practice, indicating the criteria applied in accepting or rejecting a resignation, as well as the number of cases in which such resignations were refused and the grounds for refusal.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted the Government’s statement that convicted persons perform work at their own will and only if the administration of the prison can provide them with work. It also noted that the Code of Execution of Sentences of Latvia specifies the types of employment of convicted persons consisting of employment with and without remuneration. Employment with remuneration consists of employment in the maintenance service of the prison or work in production units established by merchants located in or outside prison premises. Noting that the national legislation permits work to be carried out by prisoners for private companies, the Committee requested the Government to indicate the provisions ensuring the voluntary formal and informed consent of prisoners to work for private enterprises.

The Committee notes the Government’s reference to section 56-2 of the Code of Execution of Sentences of Latvia, as amended in 2013, which states that a convicted person shall be employed for remuneration pursuant to a written submission by the convicted person to the head of the deprivation of liberty institution following which, such person may be employed in the deprivation of liberty institution or outside. According to section 56-3 of this Code, a merchant who has concluded a cooperation agreement with the deprivation of liberty institution regarding organizing employment of convicted persons, shall enter into an agreement or employment contract, if the work is outside, with the convicted persons on the performance of work prior to commencing the work. Moreover, section 56-4 of the Code states that the provisions of the Labour Law shall apply to a convicted person employed on the basis of an employment contract insofar as this Code does not provide otherwise. Sections 56-7, 56-8 and 56-15 of the Code regulate the working time, leave and wages respectively of the convicted persons employed for remuneration. The Committee finally notes from the Government’s report that in 2012, 2013 and 2014 a total of 625, 620 and 559 convicted persons/prisoners were employed with a merchant, respectively. Observing that there appear to be no provisions in the Code of Execution of Sentences requiring the voluntary consent of the convicted persons for work outside the prison with a private entity for remuneration, the Committee requests the Government to clarify whether the written submission by convicted persons for employment of remuneration as required under section 56-2 involves the voluntary consent of convicted persons, such consent being informed of the conditions of work and free from the menace of any penalty, including the loss of rights or privileges.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s indication that from 2013 to 2014, no cases under section 152 of the Criminal Code (illegal deprivation of liberty) have been reported and according to the police and the Labour Inspectorate no cases of forced labour were detected during this period. With regard to the offences under section 154-1(3) of the Criminal Code (trafficking in persons in an organized group), the Government indicates that in 2013, one person was convicted with deprivation of liberty for seven years.

The Committee also notes from the Government’s report that the Criminal Code amendments of 2012 and 2014 introduced section 285-2 (acquiring the right to stay in Latvia, other Member State of the European Union, Member State of the European Economic Area or Swiss Confederation, through malicious provision) and section 154-1(4) (introducing the state of vulnerability to the meaning of human trafficking), respectively. The Government further states that the coming into force of section 285-2 has restricted the trafficking in persons and potential slavery through marriages of convenience which have been a tendency prevalent in the country. The Committee requests the Government to continue to provide information on the application in practice of the abovementioned sections of the Criminal Code relating to trafficking in persons, indicating the number of prosecutions and sanctions imposed as well as information on training provided to law enforcement bodies in this respect.