Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Lettonie (Ratification: 1992)

The Committee takes note of the observations of the Free Trade Union Confederation of Latvia (LBAS), received on 19 August 2024, referring to issues dealt with by the Committee below.

Article 1 of the Convention. Protection against anti-union discrimination. The Committee notes that in its observations on the application of the Freedom of Association and protection of the Right to Organize Convention, 1948 (No. 87), LBAS alleges a lack of adequate protection against acts of anti-union discrimination. LBAS specifically refers to the Straume v. Latvia European Court of Human Rights (ECtHR) decision (2 June 2022), where the ECtHR found that the dismissal of a trade union representative by a public company constituted a violation of the right to freedom of association under article 11 of the European Convention of Human Rights. The Committee notes that the LBAS alleges that: (i) the public company has not reinstated the dismissed trade unionist, thus creating a dangerous precedent for the exercise of trade union rights in the country; and (ii) the Latvian legal system does not provide for the criminal liability of threats and pressures exerted against trade union members. The Committee further notes that LBAS states that section 110 of the Labour Act which, prohibits employers from giving a notice of termination of an employment contract to an employee - member of a trade union - without prior consent of the relevant trade union if the employee has been a member of the trade union for more than six months should be maintained in the context of the Latvian legal system which is characterized by the absence of courts dealing specifically with labour rights. The Committee requests the Government to provide its comments to these observations.

Article 4. Promotion of collective bargaining. The Committee notes the Government’s indication that in 2023, a total of 987 collective agreements were signed and registered and observes that there was a decrease between the number of collective agreements in force between 2021(1041) and 2023. The Committee also notes an increase of the number of sectoral collective agreements, rising from 22 in 2021 to 24 in 2023 and that many of them were renewed in 2024 (long-term care, construction and glass fibre sectors). The Committee welcomes the fact that, as a result, the total number of workers covered by a collective agreement in the State has increased, from 156,058 in 2022 to 162,050 in 2023. Taking due note of this information,The Committee invites the Government to continue to provide statistical information on the number of collective agreements concluded and in force in the country, the sectors concerned, and the number of workers covered.

The Committee also takes note of LBAS’s observation that it has submitted several proposals to the Government aiming to promote attractiveness and coverage of collective agreements, as part of the transposition of the Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate Minimum Wage in the European Union. According to LBAS, there have been no discussions on the proposals. The Committee requests the Government to send its comments thereon.