Significant changes in the Labor Law

From August 1, extensive and long-awaited amendments to the Labor Law (DL) come into force. Let's get acquainted with this summer's "hottest" legislative changes!

On June 16, the Saeima adopted extensive amendments to the DL in the third – final – reading. Their purpose is to improve the regulation of labor relations:

  • giving greater rights to the employee "carer";
  • integrating into the regulation the findings expressed in the judgment of the Constitutional Court (ST) of November 12, 2020 in case 2019-33-01;
  • adopting the requirements of two recent European Union directives.

Carer's rights

The new amendments provide additional rights for an employee "caregiver" who has a child up to the age of eight or who needs to personally care for a spouse, parent, child or other close family member, or a person who lives with the employee in the same household.

Leave for the partner of the child's mother

Since ST in its judgment of November 12, 2020 in case 2019-33-01 admitted that Section 155, Part 1 of the DL, insofar as it does not provide for protection and support for the partner of the child's mother in connection with the birth of the child, does not comply with the first sentence of Section 110 of the Constitution of the Republic of Latvia , accordingly determining this norm to be invalid from June 1, 2022, the legislator amended the period of leave due after the birth of a child and added that another person (not only the father) who, at the request of the mother, will be involved in the care of the child also has such rights.

The amendments provide for the employee's right to go on a 10-day long vacation after the birth of a child, instead of the previous 10 calendar days. The employee is entitled to use this leave immediately after the birth of the child within six months. Before the amendments, maternity leave could only be taken within two months.

Work place and time

If the employee does not have a fixed workplace or basic workplace, after the entry into force of the new amendments, it will be necessary to indicate in the employment contract that the employee is employed in several workplaces or is free to determine his own workplace.

Probation period

In order to protect the legal interests of employees (with whom a fixed-term contract has been concluded), the new regulation stipulates that the probationary period may not exceed one month if the employment contract is concluded for a period of up to six months, while if the employment contract is concluded for a period of up to one for the year, the probationary period may not exceed two months.

Changes in the employment contract

From now on, the employer shall determine the amount and time of payment, the agreed daily or weekly working hours, the duration of the annual paid vacation, the term and procedure for terminating the employment contract, the probationary period and its duration, the employee's right to training and the protection provided by the employer in relation to social security, if the employer is responsible for this protection, may be replaced in the employment contract with a reference to the relevant regulations of the employer. In such a case, the employer will be obliged to ensure that the said information is available to the company's employees free of charge, is comprehensible and complete, and is easily accessible, including through electronic means, including online portals or information systems.

Source: iBizness