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1. The Committee notes the detailed information provided by the Government in reply to its 2006 direct request and its report received for the period ending June 2007. It notes the legislative amendments introduced in September 2006 to the Labour Law. It notes with interest the data provided on cases reviewed by its courts in 2006–07 and the summary of jurisprudence of the Supreme Court of 2004 concerning reinstatement (Article 10 of the Convention). It particularly notes with interest the Supreme Court decision in case No. SKC‑229 of 19 May 2004, which refers directly to Article 8, paragraph 3, of the Convention. In addition, the Committee notes that a maximum period of temporary incapacity of an employee has not been specified by the national legislation (Article 6, paragraph 2, of the Convention). The Committee welcomes the information provided and would appreciate continuing to receive updated information on the manner in which effect is given in practice to each provision of the Convention (Parts IV and V of the report form). Please also provide information on the following points.

2. Article 2, paragraphs 2 and 3. Adequate safeguards in case of recourse to contracts of employment for a specified period. The Committee notes that Part One of section 45 of the Labour Law has been amended providing that the term for an employment contract entered into for a specified period may not exceed three years (previously the maximum period was two years). It requests the Government to provide information on the manner in which the protection provided by the Convention is ensured to workers who have concluded an employment contract for a specified period, indicating the number of workers affected by these measures.

3. Article 5(c). Invalid reason for termination. In reply to previous comments, the Government indicates that, in addition to section 94 of the Labour Law, protection of the employee when informing competent authorities of suspected offences and violations in the workplace is provided by Part One of section 9 of the Labour Law, as amended in September 2006. The Committee would appreciate receiving further information on the manner in which Part One of section 9 of the Labour Law is applied in practice.

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1. The Committee notes the Government’s report for the period ending June 2006, including indications on the legislative amendments introduced in April 2004 and October 2005 to the Labour Act. It further notes with interest the data on the cases reviewed by the courts in 2003-05. The Committee refers to its 2004 direct request and would appreciate receiving extracts of decisions of courts or other tribunals relating to termination of employment (Part IV of the report form). It refers to its comments of 2004 and asks the Government to report on the following points.

2. Article 5(c). Invalid reasons for termination.  The Committee notes that the Government referred to section 94 of the Labour Act as the provision giving effect to this Article. Section 94, however, protects workers who initiate internal proceedings only. The section does not appear to protect workers who have recourse to competent administrative authorities. The Committee therefore requests the Government to indicate how workers who have recourse to competent administrative authorities alleging violation of laws or regulations are protected against dismissal.

3. 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.

4. 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.

[The Government is asked to reply in detail to the present comments in 2007.]

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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.

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The Committee notes with interest the Government’s report and the information it contains on the effect given to the Convention by the provisions of the Labour Act of 20 June 2001. It welcomes in particular the provisions adopted to ensure consultations with workers’ representatives and notification of the competent authority when terminations of employment are contemplated for economic, technological, structural or similar reasons, in accordance with Articles 13 and 14 of the Convention.

A request regarding certain other points is being addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its direct request of 1999, which read as follows.

1. The Committee notes the first report on the application of the Convention, received in January 1999.

2. Article 2, paragraph 2, of the Convention. The Committee notes that section 235 of the Labour Code states that there may be specific labour regulations for those employed on a seasonal basis and some categories of employees, such as employees in the forestry or timber industry and persons employed under a labour contract as domestic workers and in other cases. The Government states that the legislation of the Republic of Latvia may stipulate specific labour regulations for these employees under the exception permitted by Article 2(2) of the Convention. The Committee requests further information on the scope of the exception and whether it applies solely to people employed as domestic workers or to those employed in the forestry or timber industry on a casual basis for a short period, or also to permanent workers. Please also indicate which "other cases" are included within section 235 of the Labour Code, as well as whether any special regulations have been adopted which would exclude these workers from the coverage of the Convention.

3. Article 7. The Committee notes that section 142 of the Labour Code states that the employer must ask for an explanation from the employee before applying any punishment. Please indicate how effect is given to this provision of the Labour Code in practice.

4. Article 10. The Committee notes that under section 219 of the Labour Code, the court or the Labour Dispute Commission can reinstate the employee if the dismissal was unjustified or in contradiction of dismissal procedures, and can order remuneration for the intervening period until reinstatement. The Committee also notes that under section 222 of the Labour Code, resolutions by bodies dealing with labour disputes shall be implemented immediately. The Committee requests information on the consequences of failure to reinstate the worker following a decision by the court or Labour Dispute Commission, as required by the report form.

5. Article 13, paragraph 1(a). The Committee notes that under section 11 of the Law of the Republic of Latvia on trade unions of 13 December 1990, the employer must consult the elected institutions of the trade unions in making decisions on employment, social and economic issues. The Committee would be grateful if the Government would indicate whether the workers’ representatives concerned must be provided with information on the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as how far in advance of the contemplated terminations the workers’ representatives concerned must be consulted, as requested in the report form for this Convention.

6. Article 13, paragraph 1(b). The Committee also requests information on whether workers’ representatives are consulted on measures to be taken to avert or minimize the terminations and measures to mitigate the adverse effects of terminations. In particular, please indicate the manner in which provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must occur and the object of such consultation, as requested in the report form.

7. Article 14, paragraphs 1 and 2. The Committee notes that section 5(2) of the Law on employment places a duty on the employer to inform the State Employment Service and the relevant municipality at least two months in advance if an undertaking, establishment or organization is to be liquidated or employees are to be dismissed. The Committee also notes the Government’s statement that this issue will be included in the new draft Labour Code and requests information on the development of this legislation. In particular, the Committee recalls that Article 14(1) of the Convention requires the employer to give the competent authority relevant information including written information of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are to be carried out.

8. The Committee notes with interest the relevant decisions of the Civil Court Department of the Senate of the Supreme Court, and would be grateful for an extract of the relevant parts of the decision of the Presidium of the Supreme Council of the Republic of Latvia "On Approval of the Regulations for the Labour Dispute Commission" of 2 April 1992.

9. Please also provide general information on the manner in which the Convention is applied in practice as requested in Part V of the report form, including for example, available statistics on the activities of the appeal bodies (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 and similar reasons.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        1. The Committee notes the first report on the application of the Convention, received in January 1999.

        2. Article 2, paragraph 2, of the Convention. The Committee notes that section 235 of the Labour Code states that there may be specific labour regulations for those employed on a seasonal basis and some categories of employees, such as employees in the forestry or timber industry and persons employed under a labour contract as domestic workers and in other cases. The Government states that the legislation of the Republic of Latvia may stipulate specific labour regulations for these employees under the exception permitted by Article 2(2) of the Convention. The Committee requests further information on the scope of the exception and whether it applies solely to people employed as domestic workers or to those employed in the forestry or timber industry on a casual basis for a short period, or also to permanent workers. Please also indicate which "other cases" are included within section 235 of the Labour Code, as well as whether any special regulations have been adopted which would exclude these workers from the coverage of the Convention.

        3. Article 7. The Committee notes that section 142 of the Labour Code states that the employer must ask for an explanation from the employee before applying any punishment. Please indicate how effect is given to this provision of the Labour Code in practice.

        4. Article 10. The Committee notes that under section 219 of the Labour Code, the court or the Labour Dispute Commission can reinstate the employee if the dismissal was unjustified or in contradiction of dismissal procedures, and can order remuneration for the intervening period until reinstatement. The Committee also notes that under section 222 of the Labour Code, resolutions by bodies dealing with labour disputes shall be implemented immediately. The Committee requests information on the consequences of failure to reinstate the worker following a decision by the court or Labour Dispute Commission, as required by the report form.

        5. Article 13, paragraph 1(a). The Committee notes that under section 11 of the Law of the Republic of Latvia on trade unions of 13 December 1990, the employer must consult the elected institutions of the trade unions in making decisions on employment, social and economic issues. The Committee would be grateful if the Government would indicate whether the workers’ representatives concerned must be provided with information on the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as how far in advance of the contemplated terminations the workers’ representatives concerned must be consulted, as requested in the report form for this Convention.

        6. Article 13, paragraph 1(b). The Committee also requests information on whether workers’ representatives are consulted on measures to be taken to avert or minimize the terminations and measures to mitigate the adverse effects of terminations. In particular, please indicate the manner in which provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must occur and the object of such consultation, as requested in the report form.

        7. Article 14, paragraphs 1 and 2. The Committee notes that section 5(2) of the Law on employment places a duty on the employer to inform the State Employment Service and the relevant municipality at least two months in advance if an undertaking, establishment or organization is to be liquidated or employees are to be dismissed. The Committee also notes the Government’s statement that this issue will be included in the new draft Labour Code and requests information on the development of this legislation. In particular, the Committee recalls that Article 14(1) of the Convention requires the employer to give the competent authority relevant information including written information of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are to be carried out.

        8. The Committee notes with interest the relevant decisions of the Civil Court Department of the Senate of the Supreme Court, and would be grateful for an extract of the relevant parts of the decision of the Presidium of the Supreme Council of the Republic of Latvia "On Approval of the Regulations for the Labour Dispute Commission" of 2 April 1992.

        9. Please also provide general information on the manner in which the Convention is applied in practice as requested in Part V of the report form, including for example, available statistics on the activities of the appeal bodies (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 and similar reasons.

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1. The Committee notes the first report on the application of the Convention, received in January 1999.

2. Article 2, paragraph 2, of the Convention. The Committee notes that section 235 of the Labour Code states that there may be specific labour regulations for those employed on a seasonal basis and some categories of employees, such as employees in the forestry or timber industry and persons employed under a labour contract as domestic workers and in other cases. The Government states that the legislation of the Republic of Latvia may stipulate specific labour regulations for these employees under the exception permitted by Article 2(2) of the Convention. The Committee requests further information on the scope of the exception and whether it applies solely to people employed as domestic workers or to those employed in the forestry or timber industry on a casual basis for a short period, or also to permanent workers. Please also indicate which "other cases" are included within section 235 of the Labour Code, as well as whether any special regulations have been adopted which would exclude these workers from the coverage of the Convention.

3. Article 7. The Committee notes that section 142 of the Labour Code states that the employer must ask for an explanation from the employee before applying any punishment. Please indicate how effect is given to this provision of the Labour Code in practice.

4. Article 10. The Committee notes that under section 219 of the Labour Code, the court or the Labour Dispute Commission can reinstate the employee if the dismissal was unjustified or in contradiction of dismissal procedures, and can order remuneration for the intervening period until reinstatement. The Committee also notes that under section 222 of the Labour Code, resolutions by bodies dealing with labour disputes shall be implemented immediately. The Committee requests information on the consequences of failure to reinstate the worker following a decision by the court or Labour Dispute Commission, as required by the report form.

5. Article 13, paragraph 1(a). The Committee notes that under section 11 of the Law of the Republic of Latvia on trade unions of 13 December 1990, the employer must consult the elected institutions of the trade unions in making decisions on employment, social and economic issues. The Committee would be grateful if the Government would indicate whether the workers' representatives concerned must be provided with information on the reasons for the terminations contemplated, the number and categories of workers likely to be affected and the period over which the terminations are intended to be carried out, as well as how far in advance of the contemplated terminations the workers' representatives concerned must be consulted, as requested in the report form for this Convention.

6. Article 13, paragraph 1(b). The Committee also requests information on whether workers' representatives are consulted on measures to be taken to avert or minimize the terminations and measures to mitigate the adverse effects of terminations. In particular, please indicate the manner in which provision is made for an opportunity for consultation, how far before the contemplated terminations such opportunity must occur and the object of such consultation, as requested in the report form.

7. Article 14, paragraphs 1 and 2. The Committee notes that section 5(2) of the Law on employment places a duty on the employer to inform the State Employment Service and the relevant municipality at least two months in advance if an undertaking, establishment or organization is to be liquidated or employees are to be dismissed. The Committee also notes the Government's statement that this issue will be included in the new draft Labour Code and requests information on the development of this legislation. In particular, the Committee recalls that Article 14(1) of the Convention requires the employer to give the competent authority relevant information including written information of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the terminations are to be carried out.

8. The Committee notes with interest the relevant decisions of the Civil Court Department of the Senate of the Supreme Court, and would be grateful for an extract of the relevant parts of the decision of the Presidium of the Supreme Council of the Republic of Latvia "On Approval of the Regulations for the Labour Dispute Commission" of 2 April 1992.

9. Please also provide general information on the manner in which the Convention is applied in practice as requested in Part V of the report form, including for example, available statistics on the activities of the appeal bodies (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 and similar reasons.