POSTING OF WORKERS
Within the meaning of Labour law, posting of an employee shall mean those cases where, in connection with the provision of international services:
1) the employer, on the basis of a contract which he or she has entered into with a person for whose benefit the work will be performed, posts an employee to another state;
2) the employer posts an employee to a branch or to an undertaking in another state, which is part of the group of companies; or
3) a work placement service as employer posts an employee to the recipient of the work placement service for whose benefit and under whose management the work will be performed if the undertaking of such person is located in another state or it performs its operations in another state.
Legislation of the posting of workers:
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services; Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency; Labour law Section 14. Posting of an Employee.
An employer who posts an employee to perform work in Latvia has a duty, prior to posting the employee, to inform in writing the State Labour Inspectorate regarding such posted employee, indicating
(doesn't have special form ):
1. the given name and surname of the employee;
2. the date of commencing work;
3. the intended length of employment;
4. the location of performing the work (if the performance of work duties is not intended in some certain place, specify that the employee may be employed in different locations);
5. a representative of the employer in Latvia who is authorised to represent the employer in the State institutions of Latvia and in a court;
6. a person for whose benefit the work will be performed (recipient of a service);
7. a certification that the posted employee who is a third-country national legally works for an employer in the European Union Member State, the European Economic Area State or the Swiss Confederation.
If an employee has been posted to perform work in Latvia, then, irrespective of the law applicable to the employment contract and employment legal relationships, such posted employee shall be ensured the working conditions and employment provisions provided for by the regulatory enactments of Latvia, as well as by collective agreements which have been recognised as generally binding and which regulate:
1. maximum working time and minimum rest period;
2. minimum annual paid leave;
3. minimum wage rate, as well as supplementary payment for overtime work;
4. provisions regarding securing a workforce, especially with the intermediation of work placement services;
5. safety, health protection and hygiene at work;
6. protection measures for persons under 18 years of age, for pregnant women and women during the period following childbirth, as well as the provisions of work and employment of such persons;
7. equal treatment of men and women, as well as prohibition of discrimination in any other form.