Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 173) sur la protection des créances des travailleurs en cas d'insolvabilité de leur employeur, 1992 - Lettonie (Ratification: 2002)

The Committee notes the information provided by the Government, in particular the adoption of new Cabinet Regulations No. 830 of 5 October 2004 on the procedure, submission, consideration and satisfaction of claims of employees against insolvent employers; Cabinet Regulations No. 328 of 10 May 2005 on State Agency “Insolvency Administration” Regulations; Cabinet Regulations No. 465 of 6 June 2006 on procedure of submission, consideration and satisfaction of the claims of employees against insolvent employers in case of cross-border insolvency; Cabinet Regulations No. 721 of 29 August 2006 on the amount of the state entrepreneurial risk fee and the share of the fee to be transferred to the employees’ claims Guarantee Fund in 2007.

Article 10 of the Convention. Prevention of abuse. The Committee notes that in reply to its previous request on this point, the Government refers to new draft legislation providing for a specific procedure to protect the public interest and prevent fraudulent misappropriation of the resources of the Guarantee Fund. Under the draft legislation, the insolvency administration will be entitled to suspend allocation of resources until any suspicious case is resolved according to the criminal legal procedure. The Committee requests the Government to transmit a copy of the new legislation as soon as it is adopted.

Article 13. Limits of the wage guarantee. The Committee notes that as from 1 January 2005, there is no longer any monetary limit with relation to the maximum amount of guaranteed payment, following the adoption of the Act of 18 December 2003 amending the Act on protection of employees in case of the employer’s insolvency, although the time limits (reference periods) continue to apply on claims in respect of unpaid wages, annual leave and other types of paid absence.

Part IV of the report form. The Committee notes the statistical information provided by the Government concerning the number of applications received by the Guarantee Fund in 2005–06 and the average amount paid per employee. It also notes the information on the resources of the Guarantee Fund and the utilization of funds in the same period. The Committee would appreciate if the Government would continue to supply detailed information on the operation, financing and management of the Guarantee Fund.