Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C158

Observation

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the Free Trade Union Confederation of Latvia (FTUCL) this year, as well as on the basis of the information at its disposal in 2019.

Application in practice and measures adopted to mitigate the impact of the COVID 19 pandemic. The Committee notes the detailed information, including statistics as well as copies of judicial decisions concerning the implementation of the Convention. The Committee further notes the information concerning the statistics on claims for reinstatement and on claims for recovery of remuneration and other rights before district and regional courts. The Government also provides statistical information on the applications and decisions from the State Labour Inspectorate concerning termination of employment pursuant to section 101(1) of the Labour Act. The Committee also notes the additional information submitted by the Government concerning temporary amendments to different laws and regulations such as the Law on Unemployment Insurance or other measures in support for unemployed persons in the framework of the measures taken to mitigate the negative socio-economic effects of the COVID-19 pandemic on employment. The Committee requests the Government to continue to provide updated available information on the manner in which the provisions of the Convention are applied in practice, including relevant judicial decisions involving questions relating to the application of the Convention, available statistics on the activities of the bodies of appeal (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 or similar reasons in the country. The Government is also requested to continue to provide information on the impact of the COVID-19 pandemic and the measures adopted to mitigate it on the application of the Convention.

Article 2(2) and (3) of the Convention. Adequate safeguards in case of abusive recourse to contracts of employment for a specified period. The Committee had noted that pursuant to section 44(6) of the Labour Act, the same provisions that apply to workers engaged under a contract for an unspecified period also apply to those engaged under contracts for a specified period, for example, in regard to notice periods. The Government indicates that while there have been no judicial decisions interpreting this provision, the protection against abusive recourse to contracts of employment for a specified period of time is provided by the State Labour Inspectorate which, in case of violation of the law imposes a fine on the employer. The Committee takes note of this information and requests the Government to continue to provide information on relevant judicial decisions involving questions relating to the application of the Convention.

Articles 5(c) and 9(3). Invalid reason for termination. Procedure of appeal. In reply to the Committee’s request for judicial decisions interpreting section 9 of the Labour Act concerning the imposition of sanctions to an employee for the exercise of his or her rights, the Committee notes that the Government provides a summary of case-law in matters regarding termination of employment on the initiative of the employer, and prohibition to cause adverse consequences to an employee for the exercise of his or her statutory or contractual rights. The Committee notes that various decisions in this summary examine diverse aspects of section 9. As regards the possibility provided in section 109(2) of the Labour Act to dismiss a person with disabilities on the ground that she or he lacks adequate occupational competence for performance of the contracted work, the Committee had requested the Government to indicate how it was ensured that the termination was indeed based on valid reasons. The Government indicates that the State Labour Inspectorate is competent to examine the valid reason for termination and in case of violation of the law it imposes a fine on the employer. The Government also provides copies of judicial decisions concerning dismissal of workers with disabilities where the legal grounds for dismissal are examined in detail. The Committee takes note of this information.